Lostboy38

It's on again, being sued but this time I want to file a counterclaim with response. Can I?

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Lucky process server, he's not in trouble. :(

 

On another note, I sent out my requests to the Plaintiff's Lawyer CRRR, but I never received the little green card back that they received the letter.  I went on line and tracked the delivery, I went to the post office and had them run me a print off of the persons signature on the card.  This will hold up in court if I have to do a Motion to Compel?

 

Yes, the post office is infamous for losing those green cards

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I have received my reply from their Lawyer.....   OMG, if they didn't win the first time with the paperwork (hearsay) supplied, the just double the paperwork (hearsay) and that will make sure they win.

 

I have created a post-able pdf file but I am unsure how to upload it here.

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After reading through a few of the pages they responded with, I think I need to motion for a meet and confer.  How do I do that?

 

They actually state in answer 6 that the Plaintiff provided credit through May of 2011.  The Plaintiff is a JDB, not a credit card company.

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After reading through a few of the pages they responded with, I think I need to motion for a meet and confer.  How do I do that?

 

They actually state in answer 6 that the Plaintiff provided credit through May of 2011.  The Plaintiff is a JDB, not a credit card company.

 

@Lostboy38

Did they ever provide any definitions (either with the complaint, their discovery requests, or their responses to your requests) that "Plaintiff" refers to both Citibank and the JDB?

If not, since an assignee steps into the shoes of the creditor, that could be what they mean.

With which responses exactly are you not satisfied?

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The first 3 interrogatories were a complete waste and a smoke screen.  You blew it with those.  Who else they sue has no bearing on your case.  

 

Based on this lawyers answers you need to study up hard because this one is not fly by night and he is not going to go down easy.

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In the Plaintiff's box on the Summons & Complaint it says, "Midland Funding LLC Assignee of Citibank S.D."

 

They're making statements that "I" made purchases in 2008 and payments in 2010 but have no proof of this either in the statements or on my CR.

 

Question 10.

 

And the Credit Application is only one page and I don't remember ever getting a copy of it.

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I'm still having a problem with the fact that they cannot produce anything for me or from me after 2007, the account was paid in full and I never used it again.

 

This is another ID theft issue I'm having.  I need to go kick my brother's a$$.

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Ok so I've messed up some, but shouldn't I be asking some questions about their answers?

 

For instance, IROGs, they state that the balance due and owing is found on the statements but all I see there is late fees and interest.  Shouldn't I be finding out how they figured the initial $1600+ amount to charge the interest from?

 

And on question 8, I never received any documents, I have no idea how the numbers were generated.  Shouldn't they provide me with that?

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And question 10 of my ROGS, how did they come up with a date on the purchase, shouldn't there be a document supporting their claim?

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@Lostboy38

 

What they are required to provide to prove the amount of their claim is based upon law, court precedent, or your evidence.   Have you research MI court opinions?

 

If I'm not mistaken, don't you have proof that this account is outside the SOL?

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All I had was the last paid off statement from early 2007, I never used the account again after that, never received any other communications on it either.

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@Lostboy38

 

Did you claim the SOL as an affirmative defense?   I apologize if this has been previously answered.

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@Lostboy38

 

You're not screwed if you can show that your last payment was more than 6 years after the suit was filed.   The plaintiff would then have to show otherwise.

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I'm at a loss as to how to show that the SOL is past, I can try to gather my bank statements from that period.  I've already submitted an affidavit stating that the SOL has passed and gave it to the court and opposing counsel. 

 

I think I need to investigate other options too, like their lack of standing, they have yet to produce anything showing my name was included in the Bill of Sale.

 

I am hoping to investigate MF to support my claim of unclean hands, with all the lawsuits against them for robo-signing, it would seem to me that anything they produced would be suspect to untruthfulness.

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@Lostboy38 there is a good thread of a current case in mich. Right now. No sol issues, but you might be able to use some of the other things and apply it to you re. Standing issues, and tearing down their affidavit. Look for justiceforalls thread on the 1st page of this forum.

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Thanks Shellieh, I've read the thread and found some very helpful guides.

 

I have two affidavits to attack, both are invalid Prima Facie evidence.

 

I am going to question their reacted Exhibit 1 Asset Schedule, it make no reference to anything.

 

I think I have figured out how my identity theft happened back in 2007.  On the application is listed an old email address that was "hacked" back in mid 2007.  I was unable to get the address back because the recovery email address was no longer in use.  I just changed the accounts that I needed and forgot all about the account.  Most of my banking and accounts were attached to that email address.  I hate to think my laziness is what led to my current situation with all these credit collection problems.

 

I have tried several times to make a police report but once I tell them it happened in 2007 or 2008, they don't even bring an officer out to take my statement.  I sat in the waiting room for two hours the last time I tried to make a report on this.  Should I try again?  By all I've read, getting the police report is needed by the CRAs and the FTC. 

 

BTW: they have already set the trial date for 10/29/14.

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I am setting up my second round of ROGS, Docs and Admits, should I object to their 1st answers or just pick them apart. For instance, the request for docs, Q1, Proper chain of title, they answered "See attached Exhibit "C", Bill of Sale and Assignment.  The assignment is reacted, shouldn't I object to this and ask for an unreacted copy?

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@Lostboy38

 

I'd get copies of my bank records for the month the date of last payment was alleged to have been made (maybe the month after, as well).  If that payment is not in your records, you can, in your own affidavit, deny making it and offer your bank statements, as proof.  I'd get an affidavit from the bank authenticating the bank statements.

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Ok, I have patiently waited for a response to my Settlement Counter Offer and have heard nothing.  Now the 28 days are up for them to respond to my second requests for docs, rogs and admits, I guess it's time to get at it again.  As I understand it, I need to send a request for a meet and confer to the attorney to request the responses to my requests before I can file a motion to compel? 

 

I sent the second set of requests on the 1st of Aug so I'm giving them til the day after the  holiday to respond, I will then be sending t he request to M&C to the attorney, do I  need to file this request with the courts too?  Our Discovery period end around the 14th of Sept, I want to be sure and get everything I need before then.

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