In civil court proceedings, a motion for summary disposition allows a judge to grant judgment without a trial when there is no genuine issue of material fact. Michigan Court Rule 2.116 C10 requires that the moving party specifically identify issues where no material fact dispute exists, and the adverse party must provide specific facts by affidavit showing a genuine issue for trial. If the adverse party fails to respond or cannot demonstrate a genuine issue of material fact, the court will grant summary disposition in favor of the moving party. This legal mechanism streamlines cases where the evidence and pleadings clearly support one side's position, making it a common outcome in debt collection cases where defendants often fail to provide sufficient evidence to contest the claims.
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Sovereign Citizen’s Court Streak… All LOSSES 😬Added:
Hey guys, welcome back to today's video.
Today we're looking at a sovereign citizen who just can't seem to catch a break in court. In fact, we've got three separate cases to go through covering a total of six hearings. Let's get into it.
>> Um, so that's as far as I'm aware what the status of the case is.
>> Mr. Campbell, did you receive his motion for summary disposition?
>> I have sent a brief.
I sent a brief to the courts.
>> Sir, are you listening to me?
Did you did you hear what I just said?
>> No, >> I just said I answer brief.
>> I asked you if you received his motion for summary disposition.
>> Yes, I have.
>> Okay. So then I'll just calendar it.
That's all. Is there anything else outstanding?
>> Not that I'm aware, your honor.
>> Anything else outstanding, Mr. Campbell?
>> Yes, I do have something.
>> I did respond I did respond to the courts and to the complainers.
>> Okay. But before before this matter go any further, I would expect 21 days and it provided proof of claim of evidence of the legal and lawful authority of this the public to bring this to >> Mr. Mardle is clearly confused, but to be fair, the documents he's relying on don't exactly make sense either. When the argument itself is unclear, it's no surprise that even the person using it struggles to explain it.
>> Okay, sir, you can file whatever motion you want. Right now, I'm going to calendar Mr. Mardo's motion for summary disposition that if you want you say you filed an answer to it, we'll be prepared to go forward. Then the motion for summary disposition, gentlemen, will be heard April 10. April 10 at 11 o'clock.
We are going to call file number 22186783 JP Morgan Chase versus Marcus Campbell.
Date and time for a motion for summary disposition. Could I have your appearances?
>> Of course. Your honor? Jim Carlo appearing on behalf of JP Morgan Chase?
>> Barn number >> 82443.
>> And your name, sir?
>> Marcus Campbell and special appearance.
>> Mr. uh McCarron, this is your motion.
Yes, your honor. Uh your honor, we uh had issued demand to the defendant on March 15th of 2022. Uh receiving no answer, we then filed suit against the defendant on May 15 May 13th of 2022.
Proof of service was finally obtained on September 26th of 2022. The answer was filed on November 14th of 22 and then we've subsequently filed our motion for summary disposition on 1215, 2022.
>> Damn, this has been going on since May of 2022. If there's anything that softards can actually claim, it's that they've mastered the art of dragging out court cases. But it really doesn't matter, though, because they still end up losing every single one of them.
>> Um, a series of responses, as it were, were filed. The last of which is um response to PL's counterfendant's motion to strike in which the defendant has a number of things, but the the chief among them in paragraphs five and six, the defendant agrees with our motion uh the allegations in our motion that um he's in default uh and that there is currently do an owing a balance of $18,610.79.
9 cents and um then he in paragraph 8 in the our motion says defendant's answer fails to refute the obligation of the plaintif the response is defendant counter plif agrees however defendant counterpliff's pleadings are not redundant immaterial impertinent scandalous or indecent in manner so I'm not sure what that's supposed to mean the the upshot of this is judge oh there one other thing he he he suggests in uh his paragraph 1e that my client is um practicing law without a license. Well, we're here on behalf of our client. So, my client corporation is not acting without an attorney. So, that that's irrelevant. So, basically, what I'm asking for is judgment in the amount of $18,610.79 in essence because the defendant has agreed that he owes the money.
>> Yeah, I've been noticing a trend lately as the last sovereign citizen also inadvertently admitted to owing the debt that they claimed they hadn't contracted with. I guess that's what happens when you get your legal advice from the book ProSay for Dummies.
>> Mr. Campbell, your response.
>> I disagree and I stand on my brief >> and you stand on your pleadings.
>> Okay.
>> What you said?
>> All right. The court's prepared to move forward in this matter. This is a motion for summary disposition filed on behalf of plaintiff and notice for hearing today. Titus motion for summary disposition was filed on December 15, 2022.
Following that date, the court register of action does not appear that any pleadings were filed by the defendant.
Michigan court rule 2 116 G4 is relevant here. A motion under sub rule C10 must specifically identify the issues as to which a moving party believes there is no genuine issue as to any material fact. When a motion under sub rule C10 is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleadings, but must by affidavit or otherwise provide in this rule set forth specific facts showing that there's a general issue for trial.
If the adverse party does not so respond, judgment, if appropriate, shall be entered against him or her. No response was filed to the plaintiff's motion to summary disposition. However, in his earlier pleading, which is really not relevant because there's uh they were not again filed a response here, the defendant admitted that he owed the money. So, that's going to be it. Court finds there's no general issue material fact. Pliff is entitled to summary dispositions paid for in MCR 2.116 C10.
Mr. Campbell, you have an absolute right to appeal my decision. The appeal must be perfected in 21 days today in the Wayne County Circuit Court. Three, >> he's asking for discovery, but that process requires a properly filed and served motion. You can't just ask for it. You have to follow the correct legal steps.
>> We are on the record. We're calling file number 22198398.
The file is entitled Portfolio Recovery Associates versus Marcus Campbell. Your appearances.
>> Yes. Morning honor. Michael Kersian Haidider for the plaintiff P75722.
>> And what is your name, sir?
Marcus Jamal Campbell in special appearance for >> special appearance for what, sir? You filed an answer here.
>> All right.
>> Special appearanc. What's interesting is that this case has been going on since May 2022. If there's one thing these types of cases show, it's how long they can be dragged out. But in the end, the result usually stays the same.
>> First thing I want to know is Mr. Kersinhider has filed a motion for summary disposition. Did you receive that motion, Mr. Campbell?
>> Um, I'm not sure if I have, but I I'm wondering if you all have my paperwork.
I'm not sure if I did.
>> I have a motion filed by Mr. Camel. My question is that Mr. Kersenheimer, did you receive his motion?
>> I perceive I perceive so.
>> Okay. So, you got the motion the summary disposition filed by the plaintiff. Mr. Kersenider, did you hear? Did you get the motion filed by the defendant?
>> Your honor, I'm I'm not exactly sure what we received. It just says brief and memorandum of law.
>> Okay, that's fine. We have that. Now, Mr. Campbell, >> my question to you is, is that your answer to the motion for summary disposition?
>> Yes, it is.
>> That is your answer.
>> Right.
>> There's also a pattern here. Sometimes in trying to argue their case, they accidentally admit to the very thing they were denying.
>> Okay. So, then neither side wants any discovery and all I need to do is calendar your motion. Is that what you're both telling me?
>> Yes. as long as >> Okay, here's what we'll do. The court will calendar for May 1st, May 1st at 11:00 plaintiff's motion for summary disposition. We will receive Mr. Campbell's pleadings denominated brief and memorandum of law and proof of service as the answer to that motion.
This is 22198398, Portfolio Recovery Associates versus Marcus Campbell. Date and time for a motion for summary disposition. Could I have your appearances?
>> Good morning, your honor. Jeff Werber, P67124 on behalf of the plaintiff.
>> And what is your name, sir?
>> Marcus Campbell and special appearance, >> Mr. Warber.
>> Yes, your honor. Today's the date and time set for plaintiff's motion for summary disposition pursuant to MCR 2.116C9 and C10. This was a Care Credit credit card issued by Synchry Bank. It was opened up on November 29, 2018. As the invoices attached to the motion reflect, uh the last payment made on this account was June 30th, 2021. At the time of charge off, it left a balance of $3,171.94.
The exact amount the plaintiff filed the lawsuit for. Uh those monthly invoices were all mailed to the defendant at his current address which he placed on his answer and his response to the motion for summary disposition. Uh defendant made payments on this account for almost three years and has not shown that he ever objected to those monthly invoices that he received in the mail. Uh he filed a general denial answer and a lengthy response to plaintiff's motion.
uh but neither provide this court with the genuine issue of material fact or a true defense to this motion. Uh so pliff requests that the court grants uh its motion for summary disposition today.
>> Mr. Campbell.
>> Yes.
>> Your response sir?
>> I sent a brief regarding the denial.
>> Yes.
had an opportunity to read your brief and I thought it was um an interesting set of matters that you set forth here >> and just like that a loss number one let's move on to the next one >> but I'm prepared to rule on this matter is there anything else you want to say in addition to >> what was right I have not contracted with them and I do not wish to contract with them now I just want to Make sure that the brief is on the record though.
>> I see your brief and memorandum of law and proof of service.
>> Yeah. So all of that is on the record.
>> I see it's filed here and I see >> that's all I know.
>> I know for example that you cite federal rules of civil procedure.
>> I note for example that you site 28 USC 243.
On a further note, you MCR 2.614.
>> Okay. I'm prepared to rule. Having had an opportunity to read the pleadings both by Mr. Worerber and by Mr. Camp, the court is satisfied that there is no genuine issue of material fact. The motion for summary disposition under MCR 2.116 C10 will be granted. I'll send you gentlemen out of order. Did you attach an order, Mr. Worber?
>> Yes, your honor. Uh, there is an order attached to plaintiff's motion. It's right before all the exhibits.
>> I see it. I see it. All right. The court will answer that today. Mr. Campbell, you have an absolute right to appeal my decision. That appeal must be perfected within 21 days of today in the Wayne County Circuit Court.
>> Now, we get into his legal response. A proper memorandum of law needs to include clear arguments, legal standards, and supporting case law.
Without that structure, it doesn't hold much weight in court. All >> right. This is case number uh 22196913.
This is Capital One versus Marcus Campbell. Uh the matter is uh before the court set for a status and scheduling conference and I'm looking for a Marcus Campbell. If you're on the Zoom, uh please say something at this time.
>> Yeah, Marcus Campbell and special appearance.
>> All right. Thank you. Uh, Mr. Campbell.
All right. Today is the date and time set for a scheduling conference regarding this matter. Uh, it appears that this is a uh complaint uh wherein the plaintiff uh claims that there is a total amount $1,87421 that's owed as a result of uh a Capital One bank account in this matter. All right. And I received uh uh I received an an answer that was filed uh in this regard and it appears that the answer is a general denial of any claim of obligation regarding the indebtedness.
Uh council, has there been any opportunity for the party to talk about whether or not this matter could be resolved?
>> Uh your honor, I' I've not spoken with Mr. Campbell today. based on uh some documents uh that he filed and sent to our office. I don't believe it will be helpful to uh speak as far as getting it resolved. My office will be filing a motion for summary disposition.
>> Right. Anything uh uh anything you wish to say at this time, Mr. Campbell, regarding whether or not uh there is a prospect of resolution in this matter, sir?
>> No, sir. I just want to be sure that my proof of service, my brief, and my fee schedule is on the record. That's all I need.
>> Eight. The judge handles it professionally, but the message is clear. The argument simply doesn't meet legal requirements.
>> All right. uh what I received and I received your answer to the complaint uh in this matter as I've indicated previously uh that was filed with the court on March the 10th and that answer sets forth uh uh sets forth a uh 23 count uh response and then it uh sets forth affirmative defenses items one through nine. That's what the court has received. All right. I am going to uh set this up on a uh a uh a schedule allowing the parties to uh engage in the practice of discovery. That is to request any information that you may need from the opposing party in writing uh and that information will be turned over. Uh this uh process also allows for uh the submission of interrogatory sets of question. allows for request to admit and other items of discovery that may be allowed under court rules. Uh, accordingly, I'm going to uh put this on a 60-day schedule uh with the return date uh in this matter uh set for the uh 13th of June 613 uh 23.
>> So now he's zero for two. Maybe the third time will be different. uh defendant in this matter, Marcus Campbell or anyone representing Mr. Campbell. Uh if you're on the Zoom, please say something at this time.
Matter set on for 9:30 uh a.m. Uh it is now approximately 9:39.
Let me ask you uh uh council, have you had any uh contact with uh Mr. Campbell?
Any response to the motion? uh for summary disposition uh update me on any information that you may have at this time.
>> No, your honor, no response to the motion and no uh contact from defendant.
>> Failed to appear. Moreover, in reading the motion and the issues raised thereby as well as predicating the history of this uh particular of these particular transactions here in uh I don't see that there is a genuine uh issue of material fact uh in this matter and that defendant I I have to conclude that the plaintiff is entitled to judgment as a matter of law. Moreover, I do not see where a defendant has uh raised a valid defense to the claim. Uh and so the motion for summary disposition will be granted at this time.
>> And just like that, the outcome is decided. All right, guys. That's the end of the video. I'm currently traveling, leaving Bratislava, and heading to Vienna. So, expect more content soon. If you like the video, leave a like. If not, hit dislike. And don't forget to comment below and subscribe with notifications on so you don't miss what's
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