ExpertLaw.com Forums

What Can I File While Waiting for a Pretrial Conference

Printable View

  • 12-05-2010, 01:07 PM
    Abby12
    What Can I File While Waiting for a Pretrial Conference
    My question involves collection proceedings in the State of: Michigan

    1. charge card 6 month same as cash. Paid it in 4 month. In 2006
    2. letters and calls from 4 CA and #4 is now suing.
    3. They never validated yet in 2008 thread of lawsuit and I request validation again. Nothing but in 2009 another CA is trying to collect on behalf of CA #4. I insist in validation again. Nothing, no reply. I followed up each CA with a second demand for validation.
    4. Get summond and complaint from CA # 4 May 2010 and file my answer, sworn deniel and another demand for validation. Reply from CA # 4 "they need time to validate and when they get answers they will send it to me. I waite for validation and get court papers for mediation.
    5. At mediation local attorney indecates he represents collection attorney and reads verbatim from his phone a standard letter send from CA with an offer to settle to be paid in full. I decline since he had Nothing but his phone and I had a file with copies of everything.
    6. Now it is moved to pretrial conference and the Collection attorney with CA # 4 as client changed pretrial date ones. CA # 4 claims to be the assignee of this account even if it went already thru 3 previous CA claiming the same.
    7. I looked at the summons and complaint and found the avidavit is hearsay signed by employee of CA #4 the date is changed by hand (not typed) from 2008 to 2010. There is no contract signed by me ever which they claim and the claim the complaint has a coppy of alleged account attached which there is no attachment what so ever. I try to talk to attorney yet they want talk to me. I don't understand this at all.

    I prepared a motion to strike affidavit and a motion to dismiss this claim. Should I file my motion before the pretrial conference or should I waite and file it at pritrial conference? I need these answers fast since I am pro se, can't go to see an attorney and live from Social Security Supplement, have no car or home or even own a bankaccount. My bills I pay with money orders. Also, I don't understand the court rules at all even if I try.
  • 12-05-2010, 01:47 PM
    GPottsLaw
    Re: What Can I File While Waiting for a Pretrial Conference
    Hi. I can't speak to the law in your state, and this isn't meant as legal advice. But, generally, you would be safer by filing the motions as soon as you are ready to have them heard in court. Send copies to your opponent's attorney and make sure you know how to comply with any rules of procedure regarding the motions and certificates of service to your opponent. Then, call the judge's secretary, or assistant, and ask to set the motions for a hearing. Some judges will hear motions at the pre-trial, others will want to set a special time for motion hearings. Once you get a date to hear the motion, it is always best to try to clear the date with your opponent. And then don't forget to file and send a copy of a notice of hearing. Good luck!
  • 01-17-2011, 05:06 PM
    Abby12
    Re: What Can I File While Waiting for a Pretrial Conference
    Update;

    At pretrial conference the judge allowed my request for production of docs which I send to plaintiff and also filed with the court to have it on record. Plaintiff had 30 days to reply yet absolutely no response.

    The trial is set for April 11 and by looking closely at the summons and complaint I found several legalities to fight plaintiff such as; no written instrument, hearsay affidavit, and combined affidavit and motion for default judgment on an account stated with a claim that account stated is attached. There are NO attachments what so ever.

    In looking at the Michigan rules of civil procedures and evidence I have to file either an objection to plaintiffs motion to default judgment, or motion to dismiss plaintiffs summons and complaint, or motion to compel (which I think is wasting the courts times).

    Just don’t know how to properly prepare a motion? Does it have to have a memorandum, brief in support, and my own affidavit?

    Plaintiff is not coming forth with anything to even make there claim stick and I have already prepared a motion to strike plaintiffs affidavit of indebtedness (in doing so I prevent a prima face case).

    Further, the judge in his pretrial order indicated to plaintiff that if to collect a debt plaintiff has to attaché any agreement showing my signature and a copy of all assignments making a chain of interest from OC to present plaintiff. Failure to do so may cause a dismissal with prejudice.

    Any inside would be appreciated 
  • 02-27-2011, 06:29 PM
    CreditGrrl
    Re: What Can I File While Waiting for a Pretrial Conference
    A lot of times the Clerk of Courts (CoC) can tell you how to prepare documents. There might even be info on the court website, if not go talk to them in person. Our CoC gave us lots of guidance on how to file and fill things out.

    CG
  • 02-27-2011, 07:24 PM
    davidmcbeth3
    Re: What Can I File While Waiting for a Pretrial Conference
    For motions to strike, motions to dismiss, and summary judgments (and responses to) almost all states' practice rules requires memorandum of law. Other motions & pleadings (compel, answer, special or affirmative defenses) do not require memos of law but you can include one if you wish.

    You should answer the motion for default (is this due to a non-response to the complaint .... if so FILE a response (motion to revise, motion to strike, or answer [with affirmative defenses & counter claim]) to the complaint & an objection to the motion for default .... you don't want a default judgment & the hassle of opening up one...

    Why a motion to compel?

    What do you mean you do not know how to do a motion? Go to the courthouse & look at other case files for an idea .. its pretty easy to understand once you look at a few.

    Quote:

    Quoting Abby12
    View Post
    Update;

    At pretrial conference the judge allowed my request for production of docs which I send to plaintiff and also filed with the court to have it on record. Plaintiff had 30 days to reply yet absolutely no response.

    Write the opposing consul a letter demanding that they provide you with the docs requested with 7 days or you shall file a motion to compel and request sanctions against them.
All times are GMT -7. The time now is 07:09 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved