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  1. #1
    Join Date
    Apr 2009
    Posts
    7

    Default Notice to Appear, What to Expect

    My question involves collection proceedings in the State of: Michigan

    I was served a summons and complaint March 20th, 09 FRom Midland Funding LLC. This Debt was so old I honestly forgot about it, Carefully I contacted the attorney and asked for information Ex account # age of Debt. They tried to get me to admit on phone it was my debt. I answered I have no knowledge of debt trying to collect information. I was provided nothing. I filded a reply with count on 4-9-09

    ANSWER
    Civil

    I have no knowledge of this debt
    I request a production of the following documents



    1. The alleged credit application from 5189 bearing the defendant’s signature;

    2. The alleged credit agreement from 5189 that states interest rate, grace period, terms of repayment, et cetera;

    3. Itemized statements or credit card statements from 5189 that demonstrate how the alleged amount of plus interest

    4. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt

    5. Letter(s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt, 5189

    6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

    7. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to 5189

    8. Any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt;

    9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff accessing of defendant’s credit report(s).

    10. Any and all communications from plaintiff to the defendant explaining
    why plaintiff reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

    11. Any and all credit report(s) plaintiff obtained from any credit
    reporting agency concerning the defendant;

    12. Any and all notes, memoranda, or likewise, be they handwritten,
    computerized, or typed, regularly kept in the normal transaction and
    business of collecting debts, that relate to the defendant and/or
    5189




    On April 16, 2009 I received a Notice to appear
    Pre-Trial Conf.



    My questions are:
    What am I to expect in this "Pre-Trial"
    And
    How do I prepare myself?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Notice to Appear, What to Expect

    Read the court rules.

    You haven't even told us what court you're in, District or Circuit. The rules are different.

    A pretrial is primarily about whether a case is likely to settle, what steps need to be taken before trial and how much time should be allowed for those steps to be completed, and how long trial is expected to take. If you're in District Court and you want formal discovery, you must get the court's permission. The Court Rules instruct how discovery is to be conducted, and no, it's not by inserting a request into your answer.

  3. #3
    Join Date
    Apr 2009
    Posts
    7

    Default Re: Notice to Appear, What to Expect

    I am in 47th Judicial District.

    I can't afford an attorney and trying to do this on my own.
    What is a formal discovery? Do I need to file that before pre-trial? And what do you mean I need to get the courts permission?

    If you're in District Court and you want formal discovery, you must get the court's permission.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Notice to Appear, What to Expect

    I wasn't joking - you need to read the court rules. You can read the section on discovery - that's the section that tells you about discovery (getting evidence from the other party).

    Permission is a pretty simple concept - you ask, and the court says "yes" or "no", or perhaps offers some other form of discovery instead of what you request. Some district courts also have standard discovery forms that they expect both parties to complete. If both you and the defendant agree on the scope of discovery, you can stipulate to an order for discovery and the court will usually go along with it.

  5. #5
    Join Date
    Apr 2009
    Posts
    7

    Default Re: Notice to Appear, What to Expect

    No where in my reply did I ask if you were joking!
    Not sure where that come from. I just stated I needed advise and can't afford an attorney. I was asking what you meant by getting the courts permission. I am sorry if I don't understand the legal language.
    I guess I was looking for some help and understanding of my situation, not a reprimand.

    Thanks anyway.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Notice to Appear, What to Expect

    What do you expect? If you truly don't understand the word "permission", which is plain English and not "legal language", you need help far beyond what we can offer in a forum. I'm not going to spoon feed you.

    Are you actually stating that you've now read the court rules?

  7. #7
    Join Date
    Mar 2009
    Posts
    20

    Default Re: Notice to Appear, What to Expect

    Kranx,

    That was a lengthy answer.

    The court relies on real evidence, pleading and affidavits.
    One may file a counter complaint. Check into TILA violations.

    Read the court rules. The court may let you read their copy.
    Some Public libraries have real law libraries in them.

    Legal research is a pain in the neck. Requires a high level of concentration.
    It can be difficult. It can be done.

    Knowitall is being nice this time.

    Beagle

  8. #8
    Join Date
    Apr 2009
    Posts
    7

    Default Re: Notice to Appear, What to Expect

    Thank you Beagle for your help.
    I will also check the TILA

    I did go to the court today and receive the information I was looking for, I thought this was a help forum, not "I wish I was a Lawyer for Knowitall"
    He is a rude pathetic want to be.
    At least it is nice to know there are people out there like you with information and/or advise that is given in a courteous way.

  9. #9
    Join Date
    Mar 2009
    Posts
    20

    Default Re: Notice to Appear, What to Expect

    Kranx,

    The debt collector is counting on you not showing up.

    Every Judge operates their court room the way they want.
    Most pre trials that I have attended were pleasant chats between the Plaintiff and Defendant.

    The Judge in the case that I am representing myself on right now has scheduled a pre-pre-trial with reference to a final pre-trial in the future. The Judge wants you to work this out. If the collector does not file a Summary Disposition and order for Judgement and or provide sufficient evidence to take it to trial, you may have it dismissed. Re: ( Calvary Portfolio Services vs. AKA Beagle). Tossed out. Hah Hah

    The Judge may ask you to submit your witnesses and evidence and like wise theirs.

    The Plaintiff must have more valid evidence than you in order to prevail.
    It is an interesting process. Dress well. Be respectful to the court.
    The force be with you.

    Beagle

  10. #10
    Join Date
    Apr 2009
    Posts
    7

    Default Re: Notice to Appear, What to Expect

    What type of witness or evidence could I have for court?

    It is on old debt from 1999 can't remember last time debt was made to acct.
    Not on credit report, was surprised this even surfaced.

    I wasn't planning on having to show evidence.

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