Need help quick!

[broke174]

I was served a summons and time is running out to answer it. I have been dealing with my wife's health issues and next monday,we will find out if her cancer has returned. Everything is happening all at once. Please, I need some help.

--------------------------------------------------------------------------------

. Who is the named plaintiff in the suit?
Equable Ascent Financial, LLC.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Weltman, Weinberg, & Reis

3. How much are you being sued for?
6-7K

4. Who is the original creditor? (if not the Plaintiff)
Chase(took over from WAMU)

5. How do you know you are being sued? (You were served, right?)
YES


6. How were you served? (Mail, In person, Notice on door)
In Person

7. Was the service legal as required by your state?
Yes


8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Phone calls and DV

9. What state and county do you live in?
Michigan, Oakland County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I paid june 2009

11. What is the SOL on the debt? To find out:
6 years


12. What is the status of your case?
??

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
NO, just with the collection agency.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
Yes

15. How long do you have to respond to the suit? (This should be in your paperwork).
I have 21 days and not many left.


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They attached exhibit A-which is a Copy of a Chase credit card statement with my name on it. It is for the begining of 2010 and the account number is blacked out except the last 4 numbers. It shows a late and over limit fee on it.

[broke174]

Complaint:

1. The plaintiff is the owner of the within credit card account through Purchase, bearing account number xxxx-xxxx-xxxx-xxxx.

2.By the use of the account, the Defendent became bound by the terms in the Credit card agreement. The existence of this debt is established in the exhibit attached exhibit A.

3. The Plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff.

4. The amount now due is $xxxx.xx

5. That further, the Defendant account has accrued interest in the amount of $0.00, through December XX, 2011.

6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so.

[legaleagle]

I would suggest filing for an extension of time to respond. Cite the medical situation and the fact that you are pro se and need some time to formulate a response. This is the rule you cite, I cannot find a sample form, someone here will have one, lots if MI posters.


2.108 (E) Extension of Time. A court may, with notice to the other parties who have appeared, extend the time for serving and filing a pleading or motion or the doing of another act, if the request is made before the expiration of the period originally prescribed. After the expiration of the original period, the court may, on motion, permit a party to act if the failure to act was the result of excusable neglect.

[Savoir]

Originally Posted by legaleagle

I would suggest filing for an extension of time to respond. Cite the medical situation and the fact that you are pro se and need some time to formulate a response. This is the rule you cite, I cannot find a sample form, someone here will have one, lots if MI posters.


2.108 (E) Extension of Time. A court may, with notice to the other parties who have appeared, extend the time for serving and filing a pleading or motion or the doing of another act, if the request is made before the expiration of the period originally prescribed. After the expiration of the original period, the court may, on motion, permit a party to act if the failure to act was the result of excusable neglect.

...... don't put all your faith in that one request. Keep going toward answering the complaint on time in case the judge rules against your request.

Style your answer according to the Plaintiff's complaint (header):
(I've PM'd you a Word template to use)

There are some suggestions for answers in there .... use as a template ONLY. I'm not a lawyer ..... in fact, I've lost a case (but I've won one, too.)

If they've attached an affidavit of debt, you must file a counter-affidavit to negate their prima facie evidence.

Read the court rules on formatting your answer ..... and other matters regarding evidence, motions, timelines .. etc. Just make sure that you get your answer filed on time if your request for extension of time is denied.

[legaleagle]

1. The plaintiff is the owner of the within credit card account through Purchase, bearing account number xxxx-xxxx-xxxx-xxxx.


Defendant denies to the extent that no admissible evidence establishing ownership was attached to the complaint.

2.By the use of the account, the Defendent became bound by the terms in the Credit card agreement. The existence of this debt is established in the exhibit attached exhibit A.

Defendant denies to the extent that no "credit card agreement" setting forth the terms upon which plaintiff relies was attached to the complaint for evaluation.

3. The Plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff.


Denied to the extent that defendant has no knowledge of what constitutes the rights plaintiff refers to since no agreement was attached.


4. The amount now due is $xxxx.xx

Denied to the extent that Defendant avers he owes the Plaintiff nothing.

5. That further, the Defendant account has accrued interest in the amount of $0.00, through December XX, 2011.


Denied to the extent that Plaintiff has not provided evidence of the interest referred to or the manner in which it was calculated.


6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so.

Denied to the extent that no such obligation on the part of the defendant has been established by admissible evidence. Plaintiff's demand for payment is unfounded.

[broke174]

Thanks guys. I have until monday to file my answers. My question is about service. I read the Michigan Law on service and I get the following: that it is ok to use registered mail to serve an attorney and once it is in the posession of the UPS it is considered served. Do I have this correct? Also, whos name do I put on it? Law Firm, Attorney (on summons), and do I send one to their client? If I send one to their client, who do I address it to? Also, at what time do you have to elect arbitration by if you choose to? And has anyone used Delaware Law for a Michigan case?

[flashback]

from what I know (and I followed these in my Answer):
1) your Answer must be notarized (I went to the local Mail Boxes office and the guy notarized it for me).
2) you send one copy certified mail to the Court, and One copy to Plaintiff's attorney.
also, keep a copy to yourself.

At the end of your Answer, include the following:

VERIFICATION BY AFFIDAVIT
Personally appeared before me, the undersigned, who on oath states that the facts set forth in this DEFENDANT’S ANSWER TO THE COMPLAINT are true and correct to the best of (his/her) knowledge and belief.

_______________________________________
YOUR NAME, Defendant Pro Se

Witness my hand and official seal this the _________ day of __________, _________.

(SEAL) ____________________________________
Notary Public

My Commission expires:

____ / ____ / ________.


CERTIFICATE OF SERVICE
I, YOUR NAME, hereby certify that I have this day served a true and correct copy of the foregoing Answer to Plaintiff’s Complaint upon Plaintiff’s attorney, prior to filing the same, by depositing copies thereof, postage prepaid, in the U. S. Mail, properly addressed to Plaintiff’s Counsel of Record, to wit:
ATTY'S ADDRESS

This day of XX FEB 2012.

Defendant YOUR NAME

[legaleagle]

Michigan Rule 2.107 should explain all this.