I am in litigation with a debt collector in Michigan who is suing on behalf of the OC. I have had 3 pretrial conferences for discovery. The plaintiff has now had 5 months to answer my request. The suit has the OC as the plaintiff but filed by a debt collection law firm (Rausch, Sturm, Israel, Emerson & Hornick). In my discovery request I asked for the assignment agreement between the OC and RSIEH ( not received) record of all payments made ( not received), any modifications to the contract specifically agreed to by me ( not received).
What I did receive was copies of all the paperwork I filed with the court, a copy of the lease agreement I had with the Original Creditor. A 2 year old affidavit from the OC ( which I believe is no good under MCL 600.2145). A computer generated letter from April 2015 from the original OC ( it does have the company’s letterhead, no actual signature) stating that I have a deficiency balance. And that’s it. Does anyone here think I should file a MTD with prejudice?? Any other advice??