crystal3000

Going to court in Mich vs Midland

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So discovered this place a little late or else I would have nailed them for the stale affidavit and been done months ago.  Here's what's happened so far. 

 

Received the complaint, it's a stale affidavit by months so I'll be sure to point that out. (Affidavit Dec 2014, Complaint written Feb 2015, Filed with the courts May 2015)

Filed answer to the complaint and a request to produce.

Went to court and they sent a local lawyer who had nothing.  (It's visibly frustrating her.)

Judge told them to produce and set a new date.

They sent their own request to produce which I did not receive.  

Went to court and judge ordered everyone to answer requests  (He's asking them for statements and what is actually owed.)

Answered their request to produce, interrogatories, etc.

I haven't received anything from them, neither has the courts when I checked yesterday. 

 

So I'm trying to write up my motion to dismiss and am rather lost.  I found peanuts and while I can use some most of it isn't necessary for my case.  So my defense is that they're trying to use a stale affidavit, which they can't do; and they have nothing to prove the account.  It feels way to simple, but I might just be trying to make this more difficult then it actually is.    

 

They've proved nothing unless they decide to file everything at the court date.  Then I can object, correct?

 

Any assistance is greatly appreciated.  Even just pointing me in the right direction will be a great help.

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 So my defense is that they're trying to use a stale affidavit, which they can't do;

 

They can use it.  They just cant use it as prima facie evidence for an MSJ. You need to focus on the wording in the affidavit, and dispute the contents.  It has to overcome the business record hearsay rule, which it will unless you can call them on it.  Does it say they are a person with knowledge on how the business records were kept and maintained at or near the time of action? Does it say Midlands records they are testifying to, or the Original creditors?  How do they know the records from the OC are true and correct?  Have they provided you with any statements of the account? Any bill of sales showing they bought the account?  Were these records requested in your discovery requests?  

 

There is a post on the face of this forum that talks about the CFPB and consent order for midland.  I would read that and see if your account may fall into those categories.  There are some good michigan threads to read, look for one by Brotherskeeper.

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They can use it.  They just cant use it as prima facie evidence for an MSJ. You need to focus on the wording in the affidavit, and dispute the contents.  It has to overcome the business record hearsay rule, which it will unless you can call them on it.  

 

Does it say they are a person with knowledge on how the business records were kept and maintained at or near the time of action?  (Says they have "personal knowledge of those account records maintained on plaintiff's behalf.  Plaintiff is the current owner of, and/or succesor to, the obligation sued upon, and was assigned all the rights, title and interst to defendant's ---- account.)

 

 

Does it say Midlands records they are testifying to, or the Original creditors?   (They're an employee of Midland's parent company.  Found her on Linked In.  Also found the Notary is also an employee of Encore. )

 

 

 How do they know the records from the OC are true and correct?  Have they provided you with any statements of the account? Any bill of sales showing they bought the account?  Were these records requested in your discovery requests? ( I requested statements, the contract, records of charges or payments.  Anything I supposedly signed about this account.     I have received nothing.  Not even a denial.   The affidavit is the only thing they have given to me or the courts.)  

 

 

 

There is a post on the face of this forum that talks about the CFPB and consent order for midland.  I would read that and see if your account may fall into those categories.  There are some good michigan threads to read, look for one by Brotherskeeper.  Reading both now.

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http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/

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