Pre-trial conference, Michigan

by Abby
(South Haven, Michigan, USA)

I have no credit/debit/charge cards and pay my bills with money orders. I purchased eye glasses ($457.00) in 08.2006 with a charge card (my first and last) activated thru GEMB 6 month same as cash. I paid this account in full before the deadline 02.07 with money orders.
Beginning 10.2006 I disputed several issues with GEMB.
1. Relentless phone calls from GEMB "when I am making my next payment" even if I already made it before any deadline.
2. Billing statements don't reflect my payments and late charges on this account.
GEMB reply to all my disputes: investigation without any results. Erroneous attempt by sending me a settlement offer to pay $800.00 on this account and request to rescind a collection agency notice GEMB engaged to collect this account while account is in dispute ( yes, I disputed with collection agency also). All this happen while I paid this account in full on the terms of 6 month same as cash. GEMB ended all my disputes including my notice to GEMB that this account is paid in full and therefore closed with one letter stating account is closed in 10.07
Beginning 12.07 I received collection attempt on this account from CA # 2 requested validation 2 times and never hurt from them again. 02.08 collection agency #3 same thing requested validation twice and got reply to my request with another letter (04.08) now giving me a deadline or they will give my account to be collected by an attorney in my state. I replied by asking again for validation and also let them know I am still in dispute with OC, and I have no business agreement with them. No response until 07.09 with a letter from another CA indicating they are collecting a debt for CA #3. I disputed and requested validation and of course no response. Until 03.10 when I was served a summons and complaint which I answered and filed by an collection attorney collection a debt for CA #3 assignee of OC. Now it went to mediation 10.10 and the attorney send a local attorney to stand in by reading from his phone what sounded like a dunning letter with a settlement offer which I declined. Ready and prepared to make my case I was interrupted by this attorney leaving telling mediator to move this to pre-trial. First pre-trial date got moved thru plaintiff’s request and they are not showing only by phone. I of course will be there. Why are they not showing in person, I need to see what they got so I can examine what they really have? I am pro se can’t afford legal counsel, live from SSI have no car, property, employment. I prepared a motion on plaintiff’s affidavit which is hearsay and can’t find a proper motion to dismiss this case with Michigan rules or I don’t know???? Please help

Comments for Pre-trial conference, Michigan

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Dec 13, 2010
 Pre trial conference related to GEMB debt
by: Mary

Thanks for sharing your collection story with us.

So sorry to learn about all of the problems related to your account with GEMB. Sounds like you have "been through the ringer".

First, you should first know that based on what you've told me about your finances, even if the court were to issue a judgment against you related to your debt, you are judgment-proof. In other words, the plaintiff in the lawsuit -- the debt collector -- could not collect on the judgment because you own no property, do not work and live on Social Security. Given that you are judgment proof, it's odd that the collector is pursuing you so aggressively because even if a court were to decide in his favor, the collector would end up empty-handed.

Second, if you want to file a motion to dismiss the case and have not been able to find the appropriate form to use, get in touch with the court clerk. The clerk should be able to help you.

Third, given the facts of your situation as you relayed in your email, you may have grounds for a lawsuit. I would strongly encourage you to set up an appointment with a consumer law attorney in your area who helps consumers resolve their debt collection problems. Your initial appointment should be free and if the attorney believes that you have a good case, he or she will probably take your case on contingency. In other words, you will not have to pay the attorney an upfront fee. Instead, if you win your lawsuit, the attorney will take a percentage of the money you are awarded by the court as payment. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

If you do meet with an attorney, be sure to bring with you copies of all of the correspondence you have received and sent related to your debt.

Please share what happens with your situation in the comments section for this question. We are very interested in hearing how this turns out for you, and your experience can help others who are struggling with debt collectors.
Dec 20, 2010
 more questions
by: Anonymous

1. First thanks for your comment.I am spend in this case since it is hard yet I am learning. I called and called to get legal help yet nothing so far other then getting referred from one to another attorney. All they wont is money and legal aid in Michigan only takes rental disputes and divorces. Bin to law school yet just criminal Justice. Wish I could go and specialize in this to give free advise.

2. UPDATE....
went to pre-trial on 12.17.10 in the judges chamber (plaintiffs attorney on the phone) and ask for production of documents which the Judge granted. Trial will be about 45 days and date will be set after the new year.
The plaintiffs attorney had nothing to say other then asking the judge "to get my phone number for the purpose of negotiating a settlement". I declined and the judge said " Defendant prefers to communicate in writing."

I ask if I can file motions in this case and the Judge said "yes, yet not after 7 Days before trial.

According to the Michigan Rule of Procedures I send a legal request to the plaintiff certified with return receipt for production of documents within 28 days. Then I went to the court clerk and had it attached to the case and copies stamped as filed on 20.12.10

Now I am looking for a sample for motion to dismiss this case and to strike the affidavit of indebtness.

The judge said all motion has to be filed under the Michigan Rules of Procedures and I need to be correct on these rules. Now I am confused for I am reading these rules over and over again.
Here is my questions?

1. How can I find a sample to a motion to dismiss and a motion to dismiss affidavit of indebtness under Michigan Rules of procedure?

2.Can I post my filings to this post minus the private info of course and a disclaimer to help others? I know how hard it is to go pro se and find anything for Michigan for example

I would love to get some answers and promise to update of all that happen in this case.

Dec 28, 2010
 Legal resources
by: Gerri

Abby,

Congratulations on standing up for yourself here! For the forms you need it, you can either try to ind a law library or you can go to the National Consumer Law Center and ordered their debt collection practices manual which comes with sample forms. (I don't know whether they are specific to Michigan or not.) I hope this helps!
Apr 03, 2011
 I am going to pretrial on Monday with a Similar situation to you Abby, Can you/Anyone offer advice on what to expect?
by: Anonymous

Abby,

I am going to a pretrial on Monday with a similar issue, also in Michigan. I filed a motion to dismiss and it was structured incorrectly, and will be thrown out due to that. I'm not sure if I can re file that motion, and I am not sure what to expect on Monday. To say I am nervous is an understatement. Is there any advise you or anyone may be able to give in preparing myself for this?

Thank you

In addition I found this website which may be helpful for you
http://www.michbar.org/public_resources/legalaid.cfm
Oct 28, 2011
 Dismissal In Michigan District Court Form
by: Anonymous

I went to he court and got a form named Dismassal.
I'm the plaintiff and ws requesting to dismiss the case without prejudice.

The other person obtained an attorney the same day thereby baring me fom filing this form. I must now get permission from their attorney.

The other attorney doesn't want to pay my court costs and is gong to charge me costs if I do not dismiss with prejudice. This means I can never return to court on this mater.

The courts are something else. This person is asking for a jury trial, I guess this will happen on the date of the pretrial conference. The other attorney did not pay the 50.00 and I was still barred from dismissing the case until I could locate an attorney.

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