Preview
iled in District Court
State of Minnesota _
Dated 3/a:
State of Minnesota District Court
(County of: Judicial District: Tenth Judicial
CHISAGO Court File Number: 13-CV-23-142
Case Type:
Discover Bank
Plaintiff (First, Middle, Last) Responsive Notice of
vs. Motion and Motion
Mitchel D Josephson
Defendant (First, Middle, Last)
TO:
Notice
I will ask the court for an Order at a hearing scheduled as follows:
Date: April 14, 2023 Time: 9:00 a.m. a.m./p.m.
Courthouse address:
Telephone:
NOTE: Please contact the court with your current phone number and mailing address in case
they need to notify you of any location or date/time change.
MOTION
1 am asking the court for an Order as follows:
1. Denying the other party's request for:
Motion for Summary Judgement -
On June 8, 2022, | received a statement from Messerli & Kramer regarding the Discover
bank credit card. On June 22, 2022, | sent the bottom half of the statement back to
Messerli & Kramer requesting the original documents from Discover. On June 30, 2022
| received Discover bank statements from Messerli & Kramer. From the end of June through
Responsive Civil Motion
civ702 State ENG Rev 1/21 www.mncourts.gov/forms, Page 1 of 3
September, | would receive harassing and threatening phone calls from Messerli & Kramer.
They would tell me they are going to put a lien on my home and vehicles, they asked
for my personal banking information, they asked about my ex-wife's financial information,
contacted
my employer. At the end of September, | informed them that in order to contact me,
| wanted it all done via writing, no more phone contact.
In October of 2022, | received a summons from Messerli & Kramer. | sent a response
back da ed O/. plained in the lette at | ould do 00 a month whe | was
contacted phone but was threatened and harassed. On 10/27/0029, lreceived a
tequest for discovery. In response, | sent a letter back to Messerli & Kramer dated
November 10, 2022. In this letter, | asked why they are requesting discovery when |
had offered a replayment plan. | also requested to have Discover Bank send me...
4 For any other relief the court feels is fair and equitable. (See attached sheet)
Use another sheet of paper if you need more room.
Acknowledgment
By presenting this form to the court, I certify that to the best of my knowledge, information, and
belief, the following statements are true. I understand that if a statement is not true, the court can
order a penalty against me (such as to pay money to the other party, pay court costs, and/or other
penalties).
1 The information I included in this form is based on facts and supported by existing law.
2 I am not presenting this form for any improper purpose. I am not using this form to:
a. Harass anyone;
b. Cause unnecessary delay in the case; or
c. Needlessly increase the cost of litigation.
No judicial officer has said I am a frivolous litigant.
There is no court order saying I cannot serve or file this form.
This form does not contain any "restricted identifiers" or confidential information as
defined in Rule 11 of the General Rules of Practice (https://www.revisor.mn.gov/
Responsive Civil Motion
Civ702 State ENG Rev 1/21 www.mncourts.gov/forms Page 2 of 3
.... something in writing with a payment plan. On December 13, 2022, | sent a letter to
Messerli & Kramer (unfortunately, | cannot locate my copy of this letter). However in
this letter, | requested a payment plan of $225 a month, for 4 months (I believe) as | am
a seasonal worker and was/am currently on unemployment. The 4 months would allow
me to get back to being employed at which time, we could reconvene and | could
determine if my budget allows for more than the $225.
On December 16, 2022, | received a letter from Messerli & Kramer, requesting a
monthly payment plan of $282.50 by the 5th of each month for 36 months. Then on
December 30, 2022, | received another letter from Messerli & Kramer that they accept
my offer of $225 a month.
On January 6, 2023, | received a stipulation contract from Messerli & Kramer. This
contract states in paragraph 3 under Payment, that | will pay $225 on the 18th of each
month until May 18, 2023, at which time, the payment will go up to $300 a month until
the entire balance is paid in full.
This contract also states in paragraph 5 under Dismissal without prejudice, “the court
may require this action to be dismissed to close the court file.” But further down in the
paragraph, it states, “such order shall contain a provision that this action may be
reopened upon a filing of an Affidavit of default. The parties further stipulate and agree
that any applicable statute of limitation is hereby tolled during the period of repayment”.
In paragraph 6 under warrant of attorney, states “additionally, defendant(s) agree(s) that
the judgment may and shall include costs and disbursements incurred in confessing
judgment”. It goes on to say in the next paragraph, “A judgment entered pursuant to
this instrument may be entered Ex Parte in any event and without further notice to
Defendant. The judgment shall be entered upon the filing of this Stipulation and an
Affidavit stating that there was a default in the Stipulation”.
In paragraph 7 under Release of all claims, it states, “any and all prior or
contemporaneous agreements between the parties are merged into this agreement and
this agreement is the complete and final agreement of both parties and/or agents, heirs,
executors, administrators, assignors, assignees, insurers, attorneys, and all other
persons.”
| do not agree with any of these paragraphs. In a letter to Messerli & Kramer on
February 6, 2023, | stated | was not signing this contract because we already have an
agreement. | informed them that come next fall when | get laid off again, | don’t know
what my finances will look like and may need to revisit the amount | can pay ona
monthly basis.
| am asking the court to deny the request for Summary Judgment as | have been in
contact with Messerli & Kramer; | have an agreement with them currently and have
been paying the agreed upon amount by the 18th of each month. There is no reason for
a Summary of Judgment at this time.
court_rules/gp/id, /) or the Rules of Public Access to Records of the Judicial Branch
(https://www.revisor.mn.gov/court_rules/rule/ra-toh/).
WW.TeVISOr. |
If I need to file "restricted identifiers," confidential information, or a confidential
document, I will use Form 11.1 and/or Form 11.2, as required by Rule 11.
va 3/13 / a3 tA?
Signature ZZ
Name: Bitohe / Se sige bso
Address: f 9oS~
Ak ens Fr
CityStatelZin: ath Beane an
Telephone: CS). 7IS -/393
E-mail address:
Responsive Civil Motion
civ702 State ENG Rev 1/21 www.mncourts.gov/forms Page 3 of 3
Messerli Kramer P.A.
3033 Campus Drive
Suite 250
Plymouth, MN 55441
February 20, 2023
Re: Your File Number 22-126184
Please find the attached letter dated February 6, 2023 in regards to the stipulation
contract you want me to sign.
Sincerely,
Mitch Josephson
4905 Athens Trail
North Branch, MN 55056
Messerli Kramer P.A.
3033 Campus Drive
Suite 250
Plymouth, MN 55441
February 6, 2023
Re: Your File Number 22-126184
| am in receipt of your letter dated 1/20/2023 regarding the stipulation agreement.
| will not being signing this “contract” because we have an agreement already. You sent
me a letter stating you accept my offer of $225 for 4 months and then my payment will
go up to $300 while | am working. | will once again get laid off and at that time, we will
have to reconvene on this topic because | will not be able to do $300 once | am on
unemployment again. Your stipulation agreement has too many legally binding aspects
in it. If | was made of money and able to pay alot more each month to settle this
account, I would but sometimes, life happens and you cannot control it. Therefore, | am
satisfied with our current agreement.
Sincerely,
Mitch Josephson
4905 Athens Trail
North Branch, MN 55056
Messerli Kramer P.A.
3033 Campus Drive
Suite 250
Plymouth, MN 55441
November 10, 2022
Dear Messerli & Kramer PA;
| am unsure why you are sending me a discovery plan. | have requested to pay $100 a
month to Discover Bank and you have not accepted it, but instead, sent a discovery
plan request. Therefore, an assumption can easily be made that you are denying my
offer to pay this debt.
{ requested to have Discover Bank send me something in writing with a payment plan.
My request is for $100 a month. | have not seen anything in regards to any payment
plan from either Discover Bank or Messerli Kramer.
| will request this again: please send me, in writing, a payment plan for the Discover
Bank debt. | am offering $100 a month, for at least six months, and then we can
reconvene to see if | am able to do more at that time.
Sincerely,
Mitch Josephson
4905 Athens Trail
North Branch, MN 55056
Messerli & Kramer P.A.
3033 Campus Drive, Suite 250
Plymouth, MN 55441
Re: Sued from Discover
10/17/2022
This is in response to the summons | received in regards to my debt with Discover.
| have requested the original documents and | received statements. Those statements
are not original documents.
Being | requested original documents and were not provided those, you were not
allowed to contact me because you did not provide the original documents that | signed
up with Discover.
When | did receive a call, | was threatened and harassed by the caller. | was threatened
that a lien would be placed on my home, | was asked about my personal banking
information, | was even asked about my ex-wife’s income! Per the Fair Debt Collection
Practices Act, “Debt collectors may not harass you or anyone else, over the phone or
through any other form of contact” (consumerfinance.gov).
| offered an amount that | am capable of paying at this time, of $100 a month but the
person | spoke with on the phone said that wasn’t good enough and it had to be at least
$400 a month. | am currently going through a difficult time and $400 a month is nota
reasonable number for my budget at this time.
Furthermore, in my employment, | drive tractor-trailer and cannot receive calls while
driving. Therefore, moving forward, please do not call me during business hours but
send all correspondences in writing.
Mitch Josephson
4905 Athens Trail
North Branch, MN 55056
Messerii| Kramer PA Telephone Representatives Available
MESSERLI | KRAMER ATTORNEYS AT LAW 8.am.-7 p.m, CST Monday. Tuesday,
ATTORNEYS AT LAW 3033 Campus Drive Thursday
Suite 250 8 a.m. - 5 p.m. CST Wednesday
Plymouth, Minnesota 5441-2662 8 a.m. - 6 p.m. CST Friday
main 763-848-7900
fax 763-548-7922
toll free 844-417-6626 Lobby Hours:
TY: 711 8am. - 5 p.m. CST Monday - Friday
Decembe, 30, 2022
VIN TE A
Mitchel D Josephson
4905 ATHENS TRL
NORTH BRANCH, MN 55056-4936
Our Client: Discover Bank
Consumer: Mitchel D Josephson
Account Number: XXXXXXXXXXXXS5095
Balance: $10.170.11
Our File Number: 22-126184
Dear Mitchel D Josephson:
Our office accepts your offer of $225.00. Please give us a call to set up the payment.
Very truly yours,
MESSERLI & KRAMER PA
Wis [ 2-8-2Oe@_
Fy
Marcus S. Boston, #0401167
cc-litigation@messerlikramer.com A r
3033 Campus Drive, Ste. 250 ay
CY
Plymouth, MN 55441
/%
Ph#: (763) 548-7900 , 7
Fax#: (763) 548-7922
l foy ‘
mke
This communication
(A
is from a debt collector and is an attempt to collect a debt. Any information
obtained will be used for that purpose.
MK_0320 File No: 22-126184
Preview
iled in District Court State of Minnesota _ Dated 3/a: State of Minnesota District Court (County of: Judicial District: Tenth Judicial CHISAGO Court File Number: 13-CV-23-142 Case Type: Discover Bank Plaintiff (First, Middle, Last) Responsive Notice of vs. Motion and Motion Mitchel D Josephson Defendant (First, Middle, Last) TO: Notice I will ask the court for an Order at a hearing scheduled as follows: Date: April 14, 2023 Time: 9:00 a.m. a.m./p.m. Courthouse address: Telephone: NOTE: Please contact the court with your current phone number and mailing address in case they need to notify you of any location or date/time change. MOTION 1 am asking the court for an Order as follows: 1. Denying the other party's request for: Motion for Summary Judgement - On June 8, 2022, | received a statement from Messerli & Kramer regarding the Discover bank credit card. On June 22, 2022, | sent the bottom half of the statement back to Messerli & Kramer requesting the original documents from Discover. On June 30, 2022 | received Discover bank statements from Messerli & Kramer. From the end of June through Responsive Civil Motion civ702 State ENG Rev 1/21 www.mncourts.gov/forms, Page 1 of 3 September, | would receive harassing and threatening phone calls from Messerli & Kramer. They would tell me they are going to put a lien on my home and vehicles, they asked for my personal banking information, they asked about my ex-wife's financial information, contacted my employer. At the end of September, | informed them that in order to contact me, | wanted it all done via writing, no more phone contact. In October of 2022, | received a summons from Messerli & Kramer. | sent a response back da ed O/. plained in the lette at | ould do 00 a month whe | was contacted phone but was threatened and harassed. On 10/27/0029, lreceived a tequest for discovery. In response, | sent a letter back to Messerli & Kramer dated November 10, 2022. In this letter, | asked why they are requesting discovery when | had offered a replayment plan. | also requested to have Discover Bank send me... 4 For any other relief the court feels is fair and equitable. (See attached sheet) Use another sheet of paper if you need more room. Acknowledgment By presenting this form to the court, I certify that to the best of my knowledge, information, and belief, the following statements are true. I understand that if a statement is not true, the court can order a penalty against me (such as to pay money to the other party, pay court costs, and/or other penalties). 1 The information I included in this form is based on facts and supported by existing law. 2 I am not presenting this form for any improper purpose. I am not using this form to: a. Harass anyone; b. Cause unnecessary delay in the case; or c. Needlessly increase the cost of litigation. No judicial officer has said I am a frivolous litigant. There is no court order saying I cannot serve or file this form. This form does not contain any "restricted identifiers" or confidential information as defined in Rule 11 of the General Rules of Practice (https://www.revisor.mn.gov/ Responsive Civil Motion Civ702 State ENG Rev 1/21 www.mncourts.gov/forms Page 2 of 3 .... something in writing with a payment plan. On December 13, 2022, | sent a letter to Messerli & Kramer (unfortunately, | cannot locate my copy of this letter). However in this letter, | requested a payment plan of $225 a month, for 4 months (I believe) as | am a seasonal worker and was/am currently on unemployment. The 4 months would allow me to get back to being employed at which time, we could reconvene and | could determine if my budget allows for more than the $225. On December 16, 2022, | received a letter from Messerli & Kramer, requesting a monthly payment plan of $282.50 by the 5th of each month for 36 months. Then on December 30, 2022, | received another letter from Messerli & Kramer that they accept my offer of $225 a month. On January 6, 2023, | received a stipulation contract from Messerli & Kramer. This contract states in paragraph 3 under Payment, that | will pay $225 on the 18th of each month until May 18, 2023, at which time, the payment will go up to $300 a month until the entire balance is paid in full. This contract also states in paragraph 5 under Dismissal without prejudice, “the court may require this action to be dismissed to close the court file.” But further down in the paragraph, it states, “such order shall contain a provision that this action may be reopened upon a filing of an Affidavit of default. The parties further stipulate and agree that any applicable statute of limitation is hereby tolled during the period of repayment”. In paragraph 6 under warrant of attorney, states “additionally, defendant(s) agree(s) that the judgment may and shall include costs and disbursements incurred in confessing judgment”. It goes on to say in the next paragraph, “A judgment entered pursuant to this instrument may be entered Ex Parte in any event and without further notice to Defendant. The judgment shall be entered upon the filing of this Stipulation and an Affidavit stating that there was a default in the Stipulation”. In paragraph 7 under Release of all claims, it states, “any and all prior or contemporaneous agreements between the parties are merged into this agreement and this agreement is the complete and final agreement of both parties and/or agents, heirs, executors, administrators, assignors, assignees, insurers, attorneys, and all other persons.” | do not agree with any of these paragraphs. In a letter to Messerli & Kramer on February 6, 2023, | stated | was not signing this contract because we already have an agreement. | informed them that come next fall when | get laid off again, | don’t know what my finances will look like and may need to revisit the amount | can pay ona monthly basis. | am asking the court to deny the request for Summary Judgment as | have been in contact with Messerli & Kramer; | have an agreement with them currently and have been paying the agreed upon amount by the 18th of each month. There is no reason for a Summary of Judgment at this time. court_rules/gp/id, /) or the Rules of Public Access to Records of the Judicial Branch (https://www.revisor.mn.gov/court_rules/rule/ra-toh/). WW.TeVISOr. | If I need to file "restricted identifiers," confidential information, or a confidential document, I will use Form 11.1 and/or Form 11.2, as required by Rule 11. va 3/13 / a3 tA? Signature ZZ Name: Bitohe / Se sige bso Address: f 9oS~ Ak ens Fr CityStatelZin: ath Beane an Telephone: CS). 7IS -/393 E-mail address: Responsive Civil Motion civ702 State ENG Rev 1/21 www.mncourts.gov/forms Page 3 of 3 Messerli Kramer P.A. 3033 Campus Drive Suite 250 Plymouth, MN 55441 February 20, 2023 Re: Your File Number 22-126184 Please find the attached letter dated February 6, 2023 in regards to the stipulation contract you want me to sign. Sincerely, Mitch Josephson 4905 Athens Trail North Branch, MN 55056 Messerli Kramer P.A. 3033 Campus Drive Suite 250 Plymouth, MN 55441 February 6, 2023 Re: Your File Number 22-126184 | am in receipt of your letter dated 1/20/2023 regarding the stipulation agreement. | will not being signing this “contract” because we have an agreement already. You sent me a letter stating you accept my offer of $225 for 4 months and then my payment will go up to $300 while | am working. | will once again get laid off and at that time, we will have to reconvene on this topic because | will not be able to do $300 once | am on unemployment again. Your stipulation agreement has too many legally binding aspects in it. If | was made of money and able to pay alot more each month to settle this account, I would but sometimes, life happens and you cannot control it. Therefore, | am satisfied with our current agreement. Sincerely, Mitch Josephson 4905 Athens Trail North Branch, MN 55056 Messerli Kramer P.A. 3033 Campus Drive Suite 250 Plymouth, MN 55441 November 10, 2022 Dear Messerli & Kramer PA; | am unsure why you are sending me a discovery plan. | have requested to pay $100 a month to Discover Bank and you have not accepted it, but instead, sent a discovery plan request. Therefore, an assumption can easily be made that you are denying my offer to pay this debt. { requested to have Discover Bank send me something in writing with a payment plan. My request is for $100 a month. | have not seen anything in regards to any payment plan from either Discover Bank or Messerli Kramer. | will request this again: please send me, in writing, a payment plan for the Discover Bank debt. | am offering $100 a month, for at least six months, and then we can reconvene to see if | am able to do more at that time. Sincerely, Mitch Josephson 4905 Athens Trail North Branch, MN 55056 Messerli & Kramer P.A. 3033 Campus Drive, Suite 250 Plymouth, MN 55441 Re: Sued from Discover 10/17/2022 This is in response to the summons | received in regards to my debt with Discover. | have requested the original documents and | received statements. Those statements are not original documents. Being | requested original documents and were not provided those, you were not allowed to contact me because you did not provide the original documents that | signed up with Discover. When | did receive a call, | was threatened and harassed by the caller. | was threatened that a lien would be placed on my home, | was asked about my personal banking information, | was even asked about my ex-wife’s income! Per the Fair Debt Collection Practices Act, “Debt collectors may not harass you or anyone else, over the phone or through any other form of contact” (consumerfinance.gov). | offered an amount that | am capable of paying at this time, of $100 a month but the person | spoke with on the phone said that wasn’t good enough and it had to be at least $400 a month. | am currently going through a difficult time and $400 a month is nota reasonable number for my budget at this time. Furthermore, in my employment, | drive tractor-trailer and cannot receive calls while driving. Therefore, moving forward, please do not call me during business hours but send all correspondences in writing. Mitch Josephson 4905 Athens Trail North Branch, MN 55056 Messerii| Kramer PA Telephone Representatives Available MESSERLI | KRAMER ATTORNEYS AT LAW 8.am.-7 p.m, CST Monday. Tuesday, ATTORNEYS AT LAW 3033 Campus Drive Thursday Suite 250 8 a.m. - 5 p.m. CST Wednesday Plymouth, Minnesota 5441-2662 8 a.m. - 6 p.m. CST Friday main 763-848-7900 fax 763-548-7922 toll free 844-417-6626 Lobby Hours: TY: 711 8am. - 5 p.m. CST Monday - Friday Decembe, 30, 2022 VIN TE A Mitchel D Josephson 4905 ATHENS TRL NORTH BRANCH, MN 55056-4936 Our Client: Discover Bank Consumer: Mitchel D Josephson Account Number: XXXXXXXXXXXXS5095 Balance: $10.170.11 Our File Number: 22-126184 Dear Mitchel D Josephson: Our office accepts your offer of $225.00. Please give us a call to set up the payment. Very truly yours, MESSERLI & KRAMER PA Wis [ 2-8-2Oe@_ Fy Marcus S. Boston, #0401167 cc-litigation@messerlikramer.com A r 3033 Campus Drive, Ste. 250 ay CY Plymouth, MN 55441 /% Ph#: (763) 548-7900 , 7 Fax#: (763) 548-7922 l foy ‘ mke This communication (A is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. MK_0320 File No: 22-126184