Thanks for your help guys. I know you all know how hard it can be to try to navigate this sea of information and not be exactly sure you're doing it right. The first notice I got of the lawsuit was an order of default judgement in the mail forwarded from my old address. It was issued 4/30/13 First summons issued 11-19-12, expired 2-18-13. This is their original complaint: Now comes Plaintiff, Midland Funding LLC Assignee of , GE MONEY BANK by and through its attorneys, STILLMAN LAW OFFICE, and for its Complaint against the Defendant, states as follows: 1. that the Defendant herein is indebted upon open account or pursuant to contract, and defendant accepted same. (original Account:) 2. Performance has been completed and defendant agreed to pay the account. 3. There is presently due and owing, over and above all legal counter claims, the sum of $. 4. Plaintiff requests judgement for $ plus interest, costs and attorney fees. I declare the statements above are true to the best of my information, knowledge and belief. Respectfully submitted, STILLMAN LAW OFFICE Dated Oct 12, 2012. Attached is an affidavit: MCM Employee whose business address is....., certifies and says: 1, I am employed as a Legal Specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), Servicer of this account on behalf of the plaintiff. I am a competent person....Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's GE MONEY BANK (hereinafter "the account"). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on the plaintiff's behalf. 2. MCM's records show that the defendant(s) owed a balance of $. Such balance may continue to accrue interest at the rate set forth in the cardholder agreement/original contract and/or required by law, until suit is filed, after which interest on the unpaid balance shall accrue as required by law and as set forth within the terms of the statute. I certify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge. Signed August 28 2012, Notarized Aug 28, 2012 Both in the same state The complaint and affidavit are super old. They actually got a second order for summons and complaint for some reason but they got it before the original one expired. The second summons was issued 2-14-13 and expired 5-16-13. They supposedly served me personally 3/17/13. They also filed an order for alternate service a week after their second summons and complaint. In this one it says they may serve me by first class mail, tacking to my door or certified mail. Strange that they chose the affidavit from the process server as their proof of service. My answer seems kind of lame now that I know a bit more about answering. My answer: Defendant,Attorney for defendant, in answer to the complaint, states:1. disagree with the statements in paragraph 1 because I do not owe the debt alleged .2. disagree with the statements in paragraph 2 because I do not owe the debt alleged.3. disagree with the statements in paragraph 3 because I do not owe the debt alleged .4.disagree with the statements in paragraph 4 because I do not owe the debt alleged. continued on page 2.IMPORTANT: If you have affirmative defenses, you must state them now using the last page of this form. If you do not, the court may prohibit you fromraising them later. An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful defense.Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff’s complaint.CERTIFICATE OF SERVICEI certify that on this date I served a copy of this answer on the plaintiff(s) or their attorney(s) bypersonal service. first-class mail addressed to their last-known address(es) as defined in MCR 2.107©(3).CASE NO. AFFIRMATIVE DEFENSESDefendant, Attorney for defendant, states the following affirmative defenses:1. I paid this debt in full (satisfied). Attached is proof of payment.2. This action is barred by the statute of limitations becausethe plaintiff failed to sue within six years of , the last activity on the alleged account. MCL 600.5807(8).the alleged contract involves a motor vehicle retail installment sales contract or the sale of other goods, and the plaintifffailed to sue within four years of , the last activity on the alleged account. MCL 440.2725(1).the plaintiff failed to sue within three years after the alleged contract of sale of a mobile home on .MCL 125.2333.3. I paid an amount that the plaintiff accepted as payment in full (accord and satisfaction). Attached is proof of payment.The debt was discharged in bankruptcy. The case number was .4. The contract is void or voidable becauseI was a minor when the alleged contract was made. My birth date is .I was not mentally competent when the alleged contract was made. Probate case number .Attached are my letters of conservatorship/guardianship.there was no valid contract (no meeting of the minds) because .5. The contract was severely unjust or extremely one-sided (unconscionable).<---------- this one is checked6. I am not liable for the alleged damages because of the plaintiff's contributory negligence.7. The alleged contract is unenforceable because it is not in writing (statute of frauds).8. My vehicle was repossessed and later sold in a commercially unreasonable manner. MCL 440.9607(3).9. The contract should not be enforced because of the plaintiff’s improper conduct (fraud and/or duress).10. The goods purchased were defective (failure of consideration).11. The terms of the contract did not express what the parties intended (mutual mistake).12. I have not been credited for all payments made on the alleged account. Attached is proof of payment.13. Other:The debt has been reported to the creditor (GE Moneybank) as fraud. <--------This one is checked My motion to strike: STATE OF MICHIGANIN THE JUDICIAL District COURTMidland Funding LLC, Case No: PlaintiffVs., an Ind.,Defendant._________________________,Stillman Law OfficeBy: Michael R. Stillman (P42765)Attorneys for Plaintiff7091 Orchard Lake Rd., Suite 270West Bloomfield, MI 48322-3651(248) 851-6000_________________________,MOTION TO STRIKE AFFIDAVIT OF .......... The following court rule governs motions to strike pleadings and authorizes the relief sought in the Defendant’s accompanying motion: ( Motion to Strike. On motion by a party or on the court’s own initiative, the court may strike from a pleading redundant, immaterial, impertinent, scandalous, or indecent matter, or may strike all or part of a pleading not down in conformity with these rules. MCR 2.115( It is well settled than an affidavit filed in support of or in opposition to a dispositive motion mustinclude an averment that the affiant, if sworn, could testify competently to the facts contained in the affidavit. Such an affidavit must also be based upon the affiant’s personal knowledge as an affidavit based upon an affiant’s information and belief is insufficient to support a summary judgment. In this matter, Plaintiff has submitted the affidavit of Legal Specialist ............... in support of plaintiff’s complaint. Ms. ................ is not an employee of the original creditor GE Money Bank and therefore has no personal knowledge of the account (Original account number ........) or alleged balance. The affidavit states that . ................. alleges that she has personal knowledge of Michigan Credit Management’s records, not GE Money Bank’s records. .................. statements about the alleged debt are hearsay.Finally, the affidavit fails to show affirmatively that .............., if sworn as a witness, can testify competently to the facts stated in the affidavit. This defect alone is sufficient basis to strike the affidavit.For these reasons,. ......... affidavit must be stricken from the record in this action as it was not drawn in conformity with MCR 2.119((1)(a), MCR 2.119((1)©ConclusionWHEREFORE, the defendant respectfully asks this Court to strike the affidavit of ...........pursuant to MCR 2.115(.Respectfully submitted, I certify that a copy of the above document was served to the Plaintiff’s Attorneys on June 21, 2013 by 1stclass mail. I realized later that I said Michigan credit Management instead of Midland.. oh well! Ideas? Comments? Thank you again guys. Sorry for the delayed reply. I work afternoons.