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I am having a hard time grasping the next step after Plaintiff sent summary disposition despite not adhering to the Court order in a letter I received Oct 2013. ...   Is there anyone here who might have a suggestion what the law requires?  I keep reading everything but still confused.     I am in a rural and there are not if any attorneys to hire with experience in this so I am doing this myself.

 

 

Oct 2013

received complaint

                     

 

Oct 2013  End

21 days later..  --   I answered

 

Oct 2013 End

The court sent a letter with a date in April 2014 to go in front of the judge.    Included in the letter was a sentence telling plaintiff to send all documentation related to the account and all periodic statements by a deadline date in Feb 2014.  In addition all evidence needs to be submitted 14 days before trial.   (April 2014)

 

Dec 2013      

Plaintiff sends big pack of interrogatories with only 1 year of periodic statements (missing 20 years of statements).  Without going into boring details. Nothing in their documentation clearly shows they have a right to sue in Michigan based on my research on this site.  I planned on submitting 20 years of spreadsheets breaking out interest and penalties, actual charges. These numbers prove I have paid off all charges and more.  About 5% more.  I only want to pay what is fair and nothing more.

 

Jan   2014

I answer most interrogatories with denial (researching this website for assistance) and reserving the right to submit evidence 14 days before trial.(April 2014)

 

Jan   2014   End 

Plaintiff files a Summary Disposition -  ( claiming of course the answers were vague)  There is a date at the end of February I am guessing it is to go in front of the judge?  No more copies or info regarding the account. 

 

 

Questions:

1.  I thought i had until 14 days before April trial to submit my evidence.

 

2. How can Plaintiff  not adhere to the order in the court letter to serve all periodic statements and still send a summary disposition?

 

3.  What do I need to file with the court?   Do I have until the Feb date in the Plaintiff's  summary disposition or is it 21 days after they send it?

 

 

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Answers to your questions (to the best of my knowledge).

 

1. You probably do if this case proceeds to trial. Plaintiff has filed a summary disposition to try and avoid going to trial. They are hoping that you mess it up or don't respond to their motion or just give up and don't show up to the hearing.

 

2. They do it all the time and get away with it because, 95% of the time, the defendant doesn't show up and they get an easy default.

 

3. You must file an opposition to their summary disposition (and serve the same to the attorney of record) at least 7 days prior to the hearing date. MCR 2.116 (G) (1) (a) (ii)

 

My questions to you:

 

1. Is this an original creditor or a debt buyer?

2. Approximately how much is the alleged debt?

3. What were the allegations/cause of action in the complaint?

4. What (procedural rule?) did they base their SD motion on?

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