Mark Preston asked 1 month ago
Hello,
Judge just granted summary disposition to MCM in my hearing today, despite me saying that there was a material issue of fact as to ownership of the debt in question, and that their broken chain of title didn't prove ownership.
I think he just wanted this case gone. The court is moving, and I heard him say he was already tired from this morning's other hearings to the clerk when he made a mistake in scheduling before he even got to me.
Feeling totally overwhelmed and wondering what a good next good next step would be. Judge did say I have a right to appeal.
Brian Parker Staff answered 1 month ago
Look for the Appeal attorney on Google-"FDCPA Attorney in your state" Did you use the counter affidavit to properly point out the errors on the collection lawsuit? Did the Court address your defense or blow it off? Those are appealable. But you must show the appellate court how you brought up issues with the ownership in your documents and hearing testimony (transcripts) to have a good shot. Sounds like a lazy judge. Good luck with this, don't give up.
Mark Preston
replied 1 month ago I’m in Michigan, would you have an appeal attorney you might be able to recommend?
I did use the counter- affidavit to point out errors. It felt like, since I didn’t deny owing the original debt, that that’s all that mattered. The judge said something like, (paraphrasing) ‘I understand what you’re saying about the chain of title, but they did prove ownership’
I brought up everything in my documents, and in this hearing.
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