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Michigan - Plaintiffs request for Admissions, interrogatories and request for production of documents to defendent


artsie
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Hello.

Can someone take a look at the attached and tell me if this is something I am required to respond to and send back to the plaintiffs attorney?  The document doesn't show that the court was cc'd on it so I am suspicious. I've been to a pre trial and was sent a document from the court  that shows I have a court date for a non-jury trial on 6-25-2014. The pink attachment is what i received after the pretrial which consisted of the judge asking if I owed the debt which I replied yes and then was handed this pink slip. 

I offered in writing to pay $200 to settle this debt. When I went to the pretrial the plaintiffs attorney asked to speak to me prior to seeing the judge and she said they would not take $200. I told the attorney I don't have anymore to give to them. I do owe this debt but cannot pay it. Amount I owe is $600. 

 

Would appreciate any direction / advice on this. 

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Hello.

Can someone take a look at the attached and tell me if this is something I am required to respond to and send back to the plaintiffs attorney?  The document doesn't show that the court was cc'd on it so I am suspicious. I've been to a pre trial and was sent a document from the court  that shows I have a court date for a non-jury trial on 6-25-2014. The pink attachment is what i received after the pretrial which consisted of the judge asking if I owed the debt which I replied yes and then was handed this pink slip. 

I offered in writing to pay $200 to settle this debt. When I went to the pretrial the plaintiffs attorney asked to speak to me prior to seeing the judge and she said they would not take $200. I told the attorney I don't have anymore to give to them. I do owe this debt but cannot pay it. Amount I owe is $600. 

 

Would appreciate any direction / advice on this. 

 

WOW!  I have heard some awful things about this witch MJE but this is the lowest.  She is actually suing you in District Court instead of Small Claims over $600.  

 

Yes, you have to answer those and return them to her.  She does not have to copy the court on a letter to you.  Communications with the court by both parties are done through motions and pleadings.  This is an original creditor lawsuit and in the Detroit area courts they are not easy to win.  I highly recommend getting the services of Legal Aid if you can because I have heard horror stories about this woman and the lies and deceptive practices she will use to win her case.

 

 Larry P. Smith & Associates  this law firm has successfully sued her on FCDPA violations.

 

Get a consumer lawyer ASAP.  There are posts all over the internet that she can be defeated.  DO NOT be intimidated.

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I have also read horror stories about this firm. Which is why I am being so cautious. I cannot afford an attorney. I did call legal aid but they weren't much help either. I don't know that I have any grounds to sue her on any FCDPA violations. Is there a motion I need to file with the courts? I haven't a clue how to do any of this. I so don't need this **** right now. Ex Husband is battling cancer who I am living with... I'm unemployed, I'm in the appeals process on my disability case (suffer with fibromyalgia). This is the last thing I need to deal with.

The only thing I own is a car. Can they take that over a $600 debt?

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Try this one, they typically will do the initial consult for free.  If there are violations they will do that on contingency and she just might back down with a counter claim that is worth more than her lawsuit.

 

Stephen A Thomas Address: Contacts: Street: 645 Griswold St., Ste. 1113 City, State & Zip: Detroit, Michigan 48226 Licensed States: MI Phone: 313-965-2265 Fax: 313-962-8695 Email: sathomasplccmecf@aol.com
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Its all so ridiculous. I don't have the money so i am un collectable - unless they can actually take my car which I have asked and no one seems to know that answer. Although the legal aid person I spoke with said they could not take my car. But I have heard such god awful tactics from this MJE that I don't really know. I was researching how to respond to this admissions, interrogatories etc.online and I don't want to pretend to not owe this because i do and I have admitted to it at the pretrial but i'll be damned if i am going to supply any documents to the plaintiff that will make their case easier. In my answer to the summons I asked for them to supply proof they owned the debt .. this is what I stated and they haven't sent me anything. 

"The plaintiff has not proven the debt is valid or the amount of the debt is accurate. I request the Plaintiff prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in any such contract, and lawfully charged. Defendant also requests that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt."

Don't they have an obligation to send me what I requested in my answer? I know I am way over my head, but I know in the end I have nothing to give them. I am just surprised they would bother going to this extreme when I already told them I have nothing to give them and offered them $200 to settle. Can't get blood from a turnip.

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Although the legal aid person I spoke with said they could not take my car. But I have heard such god awful tactics from this MJE that I don't really know.

 

i'll be damned if i am going to supply any documents to the plaintiff that will make their case easier. In my answer to the summons I asked for them to supply proof they owned the debt .. this is what I stated and they haven't sent me anything. 

 

The plaintiff has not proven the debt is valid or the amount of the debt is accurate. I request the Plaintiff prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in any such contract, and lawfully charged. Defendant also requests that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

 

Don't they have an obligation to send me what I requested in my answer? 

 

Michigan does not allow seizing personal property and the amount of your debt is so low they would get no money after any state mandated exemptions.  It does not mean they cannot put a lien on it though.

 

In responding to their interrogatories you simply deny you have any of the documents the plaintiff has requested in your possession and YES she is hoping you prove her case for her.

 

Now that a suit is filed they do not have to respond to your requests via simple mail.  You must file the appropriate discovery and motions for it to be valid and require them to respond.  They also are not required to have the account statements or any of your purchase receipts to prove you owe the debt.  NO creditor has the purchase receipts since those go to you at the time of the transaction.

 

You do not file requests for discovery in your answer.  A motion for discovery and interrogatories are entirely separate from your answer to the court.

 

nevermind. I found it. Looks kind of shady. lol

 

I got his name from the National Association of Consumer Attorneys (NACA)  they are highly respected.  It is a simple website but at this point you have nothing to lose by speaking to them.  You are not required to hire them.  

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How about if I just answer the document like this? Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide proof.

 

I read if I don't respond it means I admit to all of it and I do not want to do that. 

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You can't use lack of information, they treat them like admitted.

Post up the questions, I'll help you.

One of the biggest problems is that you admitted to the debt. So since you did, you can banter back and forth on how much, or you can try to negotiate. If they get a judgement, they cannot touch your car. They can lien any property you may own. They can sit on the judgement and let interest pile up, then hit you if you ever get a job, or come into any money.

If you decide to negotiate, I would lay it out that you are unemployed, you will be on disability ( they can't touch that) and you have no assists. Take the 200 or sit on a judgement you will never be able to collect on. If they get a judgement, make sure you don't have any bank accounts in your name they can zap. I don't know how long a judgement is good for in your state, could be 10 years that can be renewed.

I would go talk to the attorney clydesmom suggested first.

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Post up the questions, I'll help you.

If they get a judgement, make sure you don't have any bank accounts in your name they can zap. I don't know how long a judgement is good for in your state, could be 10 years that can be renewed.

 

The actual documents with the discovery are attachments in her first post.

 

Make sure that you are not listed on any bank accounts for anyone else either or they can take the other person's money to satisfy your debt.

 

Michigan judgments are good for 6 years and are renewable.  

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You can't use lack of information, they treat them like admitted.

Post up the questions, I'll help you.

One of the biggest problems is that you admitted to the debt. So since you did, you can banter back and forth on how much, or you can try to negotiate. If they get a judgement, they cannot touch your car. They can lien any property you may own. They can sit on the judgement and let interest pile up, then hit you if you ever get a job, or come into any money.

If you decide to negotiate, I would lay it out that you are unemployed, you will be on disability ( they can't touch that) and you have no assists. Take the 200 or sit on a judgement you will never be able to collect on. If they get a judgement, make sure you don't have any bank accounts in your name they can zap. I don't know how long a judgement is good for in your state, could be 10 years that can be renewed.

I would go talk to the attorney clydesmom suggested first.

Can you advise me on how to answer the admissions request I attached. I do owe this debt but don't have the money. I'll attach the counter offer letter I sent to them but the plaintiffs atty said they could not accept it. I did state I was unemployed, in the disability stages of my case. Perhaps I should send another letter reiterating all this? I only own my car. I have nothing else to give them, so thank you for telling me they can't take my car. I am having massive anxiety attacks over that.

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Can you advise me on how to answer the admissions request I attached. I do owe this debt but don't have the money. I'll attach the counter offer letter I sent to them but the plaintiffs atty said they could not accept it. I did state I was unemployed, in the disability stages of my case. Perhaps I should send another letter reiterating all this? I only own my car. I have nothing else to give them, so thank you for telling me they can't take my car. I am having massive anxiety attacks over that.

 

The problem you have is that you already admitted you owe the debt and based on the letter you attached on the other board but omitted here they have communication from you about the debt as well as the settlement offer.  I would really speak to that consumer firm first thing tomorrow before answering anything.  You can't file with the court today anyway.  By admitting the debt at the pre-trial you may have sunk your own ship.  

 

The court is NOT going to care that you don't have the money they will simply issue a judgment.  Mary Jane Elliott certainly doesn't care that you don't have any money.  She would fleece her own mother given the opportunity.   Probably has.

 

Sending another letter is pointless.  Unless you can pay it in full MJE will reject the settlement offer because they can get a judgment for the full amount if they purse the case and win.

 

Call the lawyer.

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The actual documents with the discovery are attachments in her first post.

 

Make sure that you are not listed on any bank accounts for anyone else either or they can take the other person's money to satisfy your debt.

 

Michigan judgments are good for 6 years and are renewable.  

I am not on anyone else's accounts. But that was a great point. I would have never thought of that. Thank you

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I will take your advice and speak to an attorney. I attempted to do this already with an attorney but was told they would not represent me because I stopped making payments. I could never get past the paralegal. Frustrating. I'm just looking to find the best way to resolve this. I don't want to deal with MJE, as I am aware of their unethical practices.

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I attempted to do this already with an attorney but was told they would not represent me because I stopped making payments. I could never get past the paralegal. Frustrating.

 

Did you start the conversation with the dispute about the bill?  If so then that is the primary reason they won't take the case in light of the default.

 

For future reference (though you probably already figured this out) when you dispute a charge do NOT default.  Make the minimum payments because if they do not resolve it then YOU have the leverage.  You have many avenues of resolution available to you when the error is 100% on their side and you are in good standing.  Once you default then it generally gets viewed as a consumer fishing for any excuse to defend the default.  

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OK.  since you can't afford an attorney, and have admitted to the account, I believe your best coarse of action would be to deny the amount.  Make they prove the amount.  Other MI residents may chime in, but you would be no worse off than now, and you will have to make them work, which they may or may not do on such a small amount.  You may want to reword your settlement offer when you send these back to the other side, state according to your records this is all you owe, and that you will offer to settle for 200.00 in a good faith effort.  reinteriate you have no income, no assets, and you would be borrowing this amount from family to pay, but it is all you can do.

Admited account responses..docx

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OK.  since you can't afford an attorney, and have admitted to the account, I believe your best coarse of action would be to deny the amount.  Make they prove the amount.  Other MI residents may chime in, but you would be no worse off than now, and you will have to make them work, which they may or may not do on such a small amount.  You may want to reword your settlement offer when you send these back to the other side, state according to your records this is all you owe, and that you will offer to settle for 200.00 in a good faith effort.  reinteriate you have no income, no assets, and you would be borrowing this amount from family to pay, but it is all you can do.

Oh wow. Thanks so much for that. Can you help me answer 13 and 14? This plaintiffs attorney already sent me a consent judgement prior to our pretrial court date, that was for the amount that I said it should be if it was correct. And it was for a payment of $25 month. But I didn't accept it because everyone told me not to. And I wasn't comfortable dealing directly with her because of the awful things I read about what they do to people. That is when i made the $200 offer as payment in full. I just felt that I was better off with a judge telling me what I should do. Was that stupid? Gosh, I'm afraid to walk out my front door in fear I'll make some other dumb decision. I feel like I am just digging myself further in trouble. I guess I was always a firm believer in honesty is the best policy.

 

Also, the plaintiffs attorney has never shown me a statement. I got an affidavit attached to the summons/complaint. So for all I know they don't even have a statement or signed copy of the initial agreement.

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no, sorry to say honesty is not the best policy when dealing with lawyers.  (how do you think they get such a bad rap? they earn it)  Even if it is the original creditor suing you, they have so many charges, fees, etc. no one would know what they owe.  If they try to say, well you may have only owed 50.00 but with late fees and interest fees it is now 800.00, I would say show me an accounting.  If they can't prove an accounting, you should only have to pay what it is you say you owe.

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no, sorry to say honesty is not the best policy when dealing with lawyers.  (how do you think they get such a bad rap? they earn it)  Even if it is the original creditor suing you, they have so many charges, fees, etc. no one would know what they owe.  If they try to say, well you may have only owed 50.00 but with late fees and interest fees it is now 800.00, I would say show me an accounting.  If they can't prove an accounting, you should only have to pay what it is you say you owe.

13 . If you deny the previous request for admissions, please attach to your answers a copy of the letter(s) of dispute you sent to the creditor and a copy of any response from the creditor.

 

I already gave them the letter i sent in the beginning about the dispute in the amounts so do i just send it to them again?

 

14. Please provide every address and P.O. Box utilized by the defendant from Dec 2012 to the present and the dates of the use of each of these addresses.

 

this is what i was going to answer for 14. Irrelevant. will not lead to any legal conclusion.

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13. yes answer with see attached dispute letter.  first (what did the letter say?)

 

14.  Objection on the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant.  Without waiving Objection, Defendant will provide current Name, Address and Phone Number.

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