Michigan: The More I Learn the More Questions I Have

[familyjules47 0]

I am in the midst of litigation w/Midland.  Served by PRA on 8/22.

[familyjules47 0]

OK - From the beginning:

 

1. Received Summons, filed on 6.18.15 , served on 7.2.15; mailed answers downloaded via court provided pdf on 7.20.15

2. Complaint and Answers as follows:

Midland LLC

Original Creditor:  TARGET NATIONAL BANK

Plaintiff

vs.

familyjules47

 

Wellfed, Windbag & Grease

Attorney: Too Many Beers

 

Rubber Stamped: There is no other pending... yata yata yata....at issue in this complaint.

 

Complaint/and answer

 

1.  The Plaintiff is the owner of the within CC account through Purchase, bearing account #000. Checkmarked:  Do not know if the statement in paragraph 1 are true.  

 

2.  By use of this account, the Defendant became bound by the terms of the CC agreement.  The existence of this debt is established in the exhibit attached hereto as Exhibit A.  Checkmarked:  Do not know if the statement in paragraph 1 are true.  

 

3.  The complaint has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment for payment of the entire balance due and owing by the Defendant to the Plaintiff.Checkmarked:  Do not know if the statement in paragraph 1 are true.  

 

4.  That there now and owing to Plaintiff be Defendant, (the sum of greater than $5K.)  Checkmarked:  Do not know if the statement in paragraph 1 are true.  

 

5.  Although demand has been made upon the defendant to liquidate the balance due and owing, the Defendant failed to do so. Checkmarked:  Do not know if the statement in paragraph 1 are true.  

 

Wherefore, Plaintiff prays that this honorable Court enter a judgement in favor of Plaintiff and against defendant in the of (greater than $5K) plus costs.

 

Exhibit A.:  In order of appearance:

 

1. Statement from Target Visa CC w/ my name dated 11.8.10 showing a different amount than referenced above.

 

2. Bill of Sale -dated 7.23.12 references to Section 14, but not included.  Signed by XXX, President Midland Funding, LLC, address San Diego CA  also signed by sqiggly line (no name), VP,Target Financial and Retail Services;  also signed by same squiggly line (no name) VP. under Target Receivables LLC.

 

3. Field Data sheet w/alleged account # redacted.  Hubby's cell #as contact ph#.

 

4.Pre-Legal Notification from Midland Credit Management including yet another different amount from the complaint and Target statement.

 

Pretrial was scheduled for 8.21.15 

 

In the interim, a PLAINTIFF'S CIVIL PRE-TRIAL STATEMENT arrived in the mail, restatement of above 50 days of discovery etc, and in addition, the following EXHIBIT & WITNESS LIST:

1.  Application

2.  CC Agreement

3.  CC Statements

4.  Payments

5.  Bill of Sale

6.  Chain of Title

7.  Pre-Legal Notifications

8.  Notice of New Ownership

9.  Affidavit

10. Any exhibits listed on Defendants Exhibit List

11. Any exhibit necessary to rebut any evidence presented by Defendant

12. Plaintiff reserves the right to amend this Exhibit List as additional exhibits become identified through the discovery process.

 

Witness List:

 

1. Custodian of Records, MFLLC

2. Defendant

3. Any witless on familyjules47 Witness List

4. Repeat #11 above.

5.Repeat #12 above.

 

Blah Blah....

 

Pre-Trial 8.21.15

 

No judge, just WWR attorney in a purple shirt w/complimentary tie.  I expressed my concern that all of the documents seemed very vague. His parting shot...you will lose.

 

Found this site afternoon of 8.21, and have been reading and reading...

 

Little late to this party, so have learned a lot.  Filed Request for Discovery today...Respondant has until approx 10.08.15 to respond.  Trial date set for 11/2/15.

[familyjules47 0]

BUMP