This program was made possible by contributions to your PBS station from viewers like you. Thank you >> and welcome to Facts or Frauds. >> Do your second one here. City Bank versus John Hayes. >> Yes. And good morning. Joseph Jamal here on behalf of the plaintiff. >> This is file 2425. And I've got another gentleman here, John Michael, who apparently has filed paperwork. >> Yep. >> Mr. John Michael, you've got Semicolon Hayes respondent. First of all, are you an attorney? >> I am not. >> Okay. So, do you have you you're you're alleging in I guess all these documents that you're somehow a representative for John Hayes. Is that right? >> That is correct, sir. >> So, how are it says beneficiary? Do you have some paperwork giving you some authority to to act for John Hayes today? >> The UCCC1 that was filed. >> No. Is there an order, court order? I I I understand the rules and the statutes and the laws, but you have anything that says, "Listen, you've got authority." >> I have nothing other than the process of the United States corporation that committed the uh started the trust in my name. >> Who who started the trust in your name? The >> corporation of the United States of America after its bankruptcy. >> Oh, you went through a bankruptcy. No, the United States of America, the corporation did. >> Oh, I got you. >> 19. >> So, but you have nothing that says you you can represent John Hayes then. >> I'm not acting as shorty for John Hayes. That is for sure. >> All right. So, we've got a motion to dismiss. I don't have an attorney that's filed a motion to dismiss. I guess Mr. Jamal, let's hear that first, I guess. >> Uh, your honor, I guess my understanding you said motion to dismiss. Is that for plaintiff's motion for summary judgment you're referencing? >> Well, you've got you've got your summary um disposition motion that's out, but he's got also it looks like a mo his motion to dismiss, defendants's motion to dismiss. That's one I think is probably easier to deal with first. >> Okay. >> I don't know what that I don't even know what frankly it is. But you did respond to it. It looks like pl response to defense. Motion to dismiss. anything you want to tell me on that one I guess >> you know nothing further but for the fact that you know based on uh my understanding of the court rules everything um was filed as required by the the law no actual um documentation is required with notice pleading state of which Michigan is um notice provided um since we have provided detailed count documentation supporting our claim um so I think his motion dismissed related to failure to state a claim name and lack of subject m matter jurisdiction should both be denied. >> Okay. >> I Mr. Mr. However you want to refer to yourself, John Michael. >> John Michael. Yes, sir. >> Okay. What did you want to tell me about your motion? Well, I asked all of the parties involved for validations and I sent a statement of facts and none of which were responded to. So that would be acquiescence to the truth of my statements which should stand in truth and commerce. I asked for a contract and demonstration where there was consider adequate adequate consideration giving and did not receive any of that. It's my understanding that the consumer credit transaction or the application was taken by the uh City Bank and Best Buy to securize the the collateral to the Department of Treasury for their funds. They were paid and now they're asking for me to pay in addition to that. I did not realize any of this was true until recently. And now if I am continuing to be required to make payment in any form of negotiable instruments, they are in my opinion are being unjustly enriched. They have never given me a wet a contract with a signature. They've given me valid verification by bills and statements, but never anything that would demonstrate that they ever had anything at risk or that they lost anything. Therefore, without a contract, there is no standing. There's no claim to bring remedy to. >> You find there's been significant number of documents that have been filed. One being the motion to dismiss this matter. It's signed John Michael Colon Hayes beneficiary. I've got no indication that John Hayes, whose pleading this is filed against, is in fact here. I've got no attorney representing John Hayes. Got some allegations that John Michael Hold on, sir. It's my turn. Sir, it's my turn. >> John Michael is somehow representing John Hayes. That's one problematic point with the motions that were filed. It's got a notice of special appearance, but I can't have a special appearance without some authority from John Michael. Um, I did get a chance to review nonetheless all the documentations with regard to the motion to dismiss. I reviewed uh plaintist response to that defense motion to dismiss. I do find there are significant amount of documents that have been attached regarding this account that's alleged to have not been uh played paid. It's a credit card account of some sort. Um all the addresses match up to the same John Hayes at the same address three point Michigan 48532 statements were going to that address. I see the card card or the account was used on that occasion. throughout the documents that have been supplied also find that there were some payments made on that account as well. Therefore, based upon all of the evidence at this point, based upon this motion to dismiss, that motion is dis is denied. And now we're on plaintiff's motion for summary disposition based on MCR 2.116. Is it a C9 C10? I guess I got to look. C9 C10 motion. Uh, Mr. Jamal, this is your motion at this point. What? Um, on this motion, did you receive a sponsor to the motion for summary disposition? >> I did receive a reply from the defendant. Um, that was some recently. Um, I'm not sure if the court has that in the file. >> Okay, I got >> it. It's titled the reply. Just have it opened here. >> You should have it since it was filed at the courthouse. >> What's it titled? >> It's titled respondent's reply to plaintiff's response to defendants's motion to dismiss. >> Oh, I don't got I got that one. >> Okay, that that's the only one I see. Okay, Mr. John Michael, is that the only response to the motion for summary disposition? >> You asking me? >> Yes. >> Yes. >> Okay. All right. >> That that was the last response because that was the I have not received anything more from them. >> Okay. All right. So, I've got that in my hand as well. Uh Mr. Jamal, you can proceed with your motion. Yeah. So, the motion is primarily based on uh 2.116 C10. Um included with our motion for summary, we've uh provided detailed account statements that breaks out um the usage of the account from a zero balance to the balance we're seeking in our uh uh uh complaint. Um we show not only usage but also payment made towards the account. um those statements um were sent to the address. We currently I believe service was made um to defend that. Um given those facts, we are seeking um a motion for summary be granted in the amount that's requested. And I'll just indicate to defendant has referenced uh seeking a wedding signature um additional contract terms etc. However, usage of an account constitutes um agreement for liability on that account. Um this these statements specifically indicate that this account was sent um and used without objection by defendant and therefore liability should exist. >> Okay. And the the amount it looks like just on the I don't know what the court cost but it looks like the damages for the card the account itself is 234965. Is that the right amount? >> That is correct. Yes. >> All right. >> And that should be supported by the last statement we have included in our packet also has a balance of $2349.65. So see that here. way in the back here. >> The payment due date on that statement is February 17, 2025. >> Oh, thank you. I was just looking for the last Here it is. Yeah, I'm sorry. February 17, 2025. That's Yeah. Okay. Uh, Mr. John Michael, any response? >> Well, actually, kind of the paperwork should stand on its own. There was billing statements uh are self-generated and lack foundation and are inadmissible as live testimony and of a of custodian with a personal any and no no one of personal knowledge under MR8036 prior payments do not establish a contract liability. my uh my my realization of the fact that the City Bank, Best Buy and nor the law firm have uh provided any adequate uh compensation to entit to uh complete the contract. Uh and nor have did they express the fact that they were changing my standing from the creditor because it was my creditworthiness that created the substance for the loan. they were paid. Uh that was basically conversion from me from the creditor to the debtor under trust law. It uh converts my standing from the beneficiary to the trustee. And I still I I affirm that there is no standing that they have to file claim against the living man. And if you're refusing, >> Mr. Michael, from what I hear though, you're you're acknowledging that this was your account. I am not acknowledging that it is my account. >> Well, you just said that they used your credit standing to to form the basis of the contract originally >> or the Yes, that is true. >> So So how are you? >> So therefore, >> if it was my financing credibility that funded this loan, how do I owe them any money? >> Sure. If I understand, Mr. The only response I would have, your honor, is he does reference admissibility. I think Michigan law is pretty clear that when it comes to a motion for summary, um documentation is admissible to the extent that it would be admissible at a trial with proper foundation being laid. Foundation does not need to be laid at the motion for summary stage. There is no need for testimony or additional authentication. Um so the the statements are properly before the court at a motion stage. Okay. Okay. I'm just going to take a brief recess off the matter. I'm going to review the statements that have been supplied. >> No. Nope. That's it. We're We're done. No. Nope. I'm going to make a decision. Hold on. I'll be right back on. >> Awful contract. >> Sir, you you told me that already. I'm going to take a brief recess. I'm going to review all the pleadings in its entirety and I'll come right back on. City Bank versus John Hayes. I've had a chance to review all the pleadings and documents that have been provided by both sides. this matter. Um, this is a motion brought in part by MCR 2.116 C10. This motion may be granted where there is no genuine issue of material fact and which would entitle the movement to a judgment as a matter of law. In determining the factual support for this claim, I have reviewed all of the pleadings, affidavits, dep any depositions, admissions, and other documentary evidence that's been provided today. Should be noted that non-movement party, that being Jen Hayes in this matter, must not rest merely on allegations or denial of the pleadings, but also must demonstrate by documentary evidence that there is a genuine issue for uh trial. I do find after significantly going through all of the documents that have been provided to me today, the consistency of the statements um that went out starting with a um a new account uh through City Bank on this account and this account was uh let's see where is it card ending in 8271 John Hayes you find that there was a this card was used over a significant period of time. There were um also payments made over a period of time. The address is was sent all of these documents were sent to um these statements were sent to John Hayes at 5141 Flaggler Street, Flint, Michigan 48532. do find it's consistent with what's been uh complained of the amount owing. The final statement that has been um complained of today, February 17, 2025, shows a balance owing of $2,349.65. And based upon all the documents, all the pleadings, uh there's no genuine initial material fact grant motion for summary disposition to City Bank for damages. Uh $2349.65 plus court costs that are being requested. Mr. Jamal, I thought I saw somewhere in here. There was no judgment submitted with the motion. >> Okay. So, I got to find it. >> Everything's still in order. It's typically page seven or eight. >> If it's still in orders, I mean, I may have tore it apart. So, what you tell me? Um, >> I'll find it here. It's probably the last page. and military F. I got everything here. >> It's typically right after the military F. >> Yeah, for some reason we get all these statements that are attached to as usually I can find it right off the bat in the analysis once. So I can >> if needed I can uh email. Do you have the figures in front of the court cost? >> I do. >> What What do you have? >> Uh filing fee of $75. >> Okay. >> Motion fee of $20. >> Okay. >> Service fe. >> Total is 15368. Add that to the damages amount referenced and total balance is $2,53.33. >> Okay. Well, here you know I found it right at the end. There it is. I do have the proposed judgment showing the amount I asked earn damages originally the total on February 17 234965 plus the um court cost is just recited for a total of $253.33 judgment for plaintiff in that amount based on summary discussion 2.11610 I'll sign that proposed judgment and send both of you a copy. >> Okay. >> Thank you all. >> All right. Good luck to both of you. >> I object, your honor. >> Okay. >> I'd like to I'd like to make a comment that you're making a judgment based on no contract. All the six requirements of a contract were not met. I came to the realization that there was no consideration and no risk and and uh not full disclosure. And you're still going to judge against that without a contract? I'm not I'm not taking questions, sir. You can put your statement on. Is there anything else? >> I let my paperwork stand again. And I will have to file for an appeal under article 10 of the Constitution. This controversy is greater than $25. I will be filing in the court of appeal. >> Leave it at that. And I've signed the um summary disposition judgment I just ordered. And we're all set. Good luck to both. Yeah. Okay. Bye, Rod. >> But more Yeah. Much more than this. I did it. My Anybody out there from Wala, Washington? My Anybody out there got a birthday tonight? Well, there were times Yeah, I've had a few when I've been more than I could chew. But through it all and there was no hotel. I ate it up and spread it out. [Music] >> I don't remember how the rest of it goes. >> And thanks for hanging out with us on Fracture Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. And a huge thank you to all of our Facts or Frauds channel members. And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. Till next time, I'll see you soon.