Newbie Need Help

SUED BY MIDLAND, I NEED HELP WITH MY INTEROGATORIES

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No, you can find the Letter to Confer within the rules of discovery. When sending any form of discovery write the rule exactly the way it is stated within civil procedure.

 

You do not need to send a copy to the court, but you will want to use it as an exhibit with your opposition.

 

When you sent discovery, did you specify the rule that you were propounding discovery upon? If not, that might be why they did not answer them.

 

There is caselaw that statements are not enough to show that the amount they are claiming is enough to warrant judgment. I cannot think of the caselaw off the top of my head. It is a newer case.

 

CLydesmom is correct, they do not need the signed contract on a CC case and she is right about everything she said.

 

Did you file your opposition yet?

 

What documents did they attach to their MSJ?

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Well I have great news..thank God and all of u whom have helped me so far. Had summary judgement hearing today and it was scary.midluds lawyer called me in the hallway and asked me if I wanted to come to an agreement and am I still denying these two ACCTS. I told him have a wonderful day and I will talk to the judge a and continue on with my decision for a trial. We got in front of the judge and she kept saying I haven't given proof that these ACCTS aren't mine. The lawyer kept saying that they sent me bills every month and I told him that HE didn't send me anything. Its hearsay and he is not keeper of any records pertaining eto either one of my ACCTS and hr does NOT Wrk for OC.. and I told her I cannot admit or deny the said ACCTS BC the jdb hasn't shown me any proof at all with interest..purchases...withdrawls..original contract etc..and all they have provided is papers with my name and a bunch of numbers and amounts that are bogus along with receipts that I have never ever seen.... So after going back and forth..the judge finally said...I AM MOVING FORWARD WITH the trial in a month BC I don't feel confident enough that these amts are hers. And these copies u have provided aren't even legible completely...sooooo here I am back on this website to get help in preparing for the trial...with my opening statement and my questioning and any advice anyone can give me...thanks everyone. U are ALL TREASURES...and have been so helpful to me. I'm going to continue to argue hearsay along with the authenticity of their receipts that I have never seen

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You need to send out that Letter to Confer and pressure them to respond to your discovery. 

 

Did they send you an anticipated witness list?

 

IF not, include that in your letter.

 

Did they provide you an affidavit?

 

If not, ask them if they plan on using one and what rule they plan on using it under.

 

You need to prepare a trial brief. It should be an outline of your main arguments. Use laws, civil rules and rules of evidence.

 

Chances are they will dismiss, but you need to prepare. 

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Do I need to send a copy of my briefs to them or file them with the courts? What else do I need? Opening statement...briefs and closing statements. Yes they sent me their interrogatories back..along with a bunch of monthly bills I have never seen and no...I haven't looked at their witness list BC honestly I thought the judge was gonna give them their summary judgement today..

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Is their any Michigan laws I can cite in my briefs? And/or articles on here? How long should it be? And also when and how do I present my briefs? Will the judge see them before the trial? And will they really spend the money on a trial and also is their a form I can file if they lose at court so this CANNOT B REFILED?

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you file your brief with the court. If you asked them for a witness list and they did not respond, it is on them. If you asked them for documents and they did not supply them, you can claim they did not adhere to MRE 902(11) which provides you adequate time to inspect them.

 

Since I have not seen any of your pleadings, I cannot help you on what to include.

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standing is an important issue and needs to be raised, if it hasn't already.  Especially if you get the same judge who heard your summary judgment motion.  Simply say that  in addition to everything else, JDB has not established standing to bring the lawsuit of this alleged debt.

 

I think what you said in your summary judgment motion is excellent.  You stood your ground and said the right things, enough to convince the judge that you're on to something.

 

i have not followed your progress, but good luck.  when is your trial?  stay confident and win at trial

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I believe 5 day prior to trial.

 

They will normally wait until the last minute to dismiss, if they do. They might try to secure a new affidavit or tell the judge that they are waiting on additional documents that they do not have.

 

I really cannot tell you anything specific without seeing everything that has gone on in your case.

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I have one additional question. My trial is next week. I got a copy of things they filed with the court. Which is basically the SAME thing they presented at the hearing for Summary Judgement, which was denied by the judge. They have provided blurry copies of bills that I supposedly received. and nothing more except for an affidavit signed by a 'supposed' keeper of the OC records. I will continue to say what I said at the Summary Judgement hearing which is I cannot admit or deny these are my CC debts because the amts are nothing i have ever seen OR these bills I never got in the mail. And the JDB could have made these copies from anywhere. Do I have to file briefs in order to question any witnesses they have? and also.. What are a few short, straight to the point questions I can ask the JDB witnesses?

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They did not send you any additional documents? No affidavits? No Witness list?

 

Did you ever file your own affidavit?

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the JDB will not have any witnesses, most likely. If they do, they had to provide you with their names and address of employment at a minimum. Right there you can kill it.

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They cannot secure a new affidavit. If they did, they needed to supply one to you in advance of using it.

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Now, you need to hammer MRE 803 and MRE 902....by stating that the statements or other documents are not supported by a person with knowledge or custodian of records or two that you were able to use MRE 902(11) to your advantage.

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@bmc100... OR ANYONE WHO CAN HELP....MY TRIAL IS TOMORROW AFTERNOON..... When i go to court how EXACTLY do i word the MRE803 and 902??? And how do i get it dismissed to NOT be filed again? Should i remind the same judge that she DENIED their request for a summary judgement bc she said she wasnt satisfied in KNOWING THAT these accts were mine bc all they had were some COPIES of monthly billing stibs that they SUPPOSEDLY MAILED TO ME. as i told her I have never seen them and THEY didnt mail me anything. They are JDB and so their testimony is hearsay.

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....

Here is a sample one that I have created.

 

1.  Admit that plaintiff lacks documentation/evidence to reasonably sustain their claim in a (your state) Court that the defendant owed/owes a debt to the plaintiff or any creditor identified in the complaint.

...

10.  Admit that plaintiff added interest at a rate in violation of (state law if applicable) and which the defendant was not contractually obligated to pay.

 

 

DOCUMENTS TO BE PRODUCED

 

1.  Provide the actual credit card contract at the time the alleged account was opened and upon which your complaint is based on including the 

...

11.  Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

 

Defendant's First Interrogatories To Plaintiff

 

1.  State with factual particularity the basis for your claim that the defendant owes an alleged debt to the Plaintiff.

...

15.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

 

These all look great, but I a JDB usually produces "irrelevant, privileged, burdensome but rather see what we have" response to each request. What would be the next step? Letter to confer? And then Motion to Compel?

 

And if JDB responds like that "irrelevant, privileged, burdensome..." and immediately files a MSJ. What is the recourse then?

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The CA (The Bureaus ) complaint through municipal is not going very well. Our first phone conference the plaintiff stated that they had sent me the first set of interrogatories which I stated I have received. I had a attorney help fill them out and I sent them my interrogatories to then within the 28 day limit. On our 2nd phone conference a representative for CA (different person than the first) stated that they were considering dropping the case due to lack of answers and papers to prove this case.  The judge asked them to respond my interrogatories before the final status conference on the 24 of this month. On the 16th of this month they copied me with 14 months worth of old statements which showed a account # on the statement and a check written by my wife for a payment.  The CA was well over 3 and half months to respond and they still have not provided me or the court the legal standing to collect on this account.

Last year I paid off a HSBC account through CACH, LLC. This complaint is from a different CA and it has HSBC card services  on the statements. The CA is saying that Capital One was the original card holder and I never had a Capital One credit Card. On the 17th of this month I sent the CA and a copy to the court showing that on my credit report the HSBC account has been paid through CACH , LLC. The collections through Equifax shows this on my report. The Bureaus is showing on my report also with Capital One as being the original credit holder.

The account # on the statements that The Bureaus sent is different that the one on my credit report under their collection account through Capital One. Both of these collection accounts shows the same assigned dates and the same date for 1st delinquency dates. The account # on The Bureaus through Capital One as creditor is not the same account # that the plaintiff mailed me on the 16th.  I mailed through first class mail both of these accounts and The Bureaus claimed they did not receive them.

The judges is setting a trial in 60 days with 15 day for motions and 45 days for something else.

Any suggestion or advice would be appreciated.

It appears they have lack of standing, they sent nothing on the chain of command on legally owning this to collect.

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Pheasant Gunner,

It would be helpful if you could post this in your own thread about your case.

Have you tried to get a consumer attorney for a FDCPA claim?   I see one here, if you settled the HSBC account with CACH, and now a new JDB is suing you on the same account.  Capital One did purchase HSBC's credit card business.

If you settled with CACH, then the debt should have been extinguished.  That's what "settled" means, they say you owe $X and you pay them $Y, a smaller amount, which they accept, in exchange for no longer trying to collect the debt.  CACH should not have sold the debt to the new JDB.

So I see two defendants here in a FDCPA case you might file, CACH, for selling a settled debt, and The Bureaus, for misrepresenting the amount and legal status of the debt.

In your muni case, I would file a motion to dismiss on lack of standing, and on the basis of accord and satisfaction with the previous debt owner.  IF you can prove this is the same account, and if you have proof that you settled with CACH.

 

 

 

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