• Content Count

  • Joined

  • Last visited

Everything posted by madbadger2742

  1. @shellieh98 After you suggested it, I started researching arb, and I came to the same conclusion. I had to answer before I had researched it enough to make that decision. Do I still have time to move it to arbitration?
  2. The summons is stamped with "GC" for general civil, so I'm guessing it's not small claims. I'm not sure how I feel about arbitration...
  3. Complaint: (& answer) Plaintiff, PRA, LLC, as assignee of USB NA("Plaintiff"), by & through attorneys... Jurisdiction: Plaintiff's attorneys are debt collectors attempting to collect... (ignorance) No other action (admit) Plaintiff based in VA (ignorance) Defendant lives where he does (admit) Amount in controversy is what it is ($500-1000) (ignorance) Count 1, Breach April, 2006 Defendant entered into contract with Plaintiff's assignor, USBNA under acct#... (ignorance) A copy is attached or Defendant is in possession (deny) Contract was valid, lawful, and enforcea
  4. 1. Plaintiff: Portfolio Recovery Associates 2. Lawyers: Weber & Olcese 3. Amount: <$1000 4. OC: US Bank NA 5-7. Service: Served, in person, legally and timely 8. Correspondence: Alleged notices sent to me, but no dialogue 9. Location: Macomb co, Michigan 10-11. SOL: Last payment alleged April, 2013; MI SOL 6 years 12. Status: Served, but nothing filed by me yet. 13. No disputes filed 14 No DVs 15 Today is day 16 of 21. (I know, I know...) 16. Attachments: a) Bill of Sale and Assignment of Assets, signed by two officers of OC b)Summary of account (computer printout), looks like it's fr
  5. Indeed. They could have avoided the case entirely had they sent me a collection letter before they filed. I've only got $23 invested in this case, so I'm not in dire need of reimbursement, but it'd be nice.
  6. I have no real knowledge regarding reimbursement. I'm just shooting for the moon. It looks like I would have to prove that the action was "Frivolous" to be awarded costs and fees, which I suppose I might be able to argue that: "The party had no reasonable basis to believe that the facts underlying that party's legal position were in fact true. [or] The party's legal position was devoid of arguable legal merit." (MCL 600.2591(3)(a)(i-ii)) since, shortly after initiating the action, Plaintiff became aware that its argument was without merit and had no reason to believe that its claims were
  7. I have the offer of accord from the collection agent, and a transaction record naming the agent for the amount stated within the offer window. I think that's pretty airtight... And that's my biggest fear, really. If it's dismissed without prejudice, there's nothing stopping them from doing just that. Add to that the possibility that the debt was fractured, and that makes me really want that Finding in my pocket. Plus, I want my motion fee back! TBH, the only thing that is making me consider taking the offer is the possibility of pissing off the judge because I declined the offer and f
  8. BTW: In case anyone's interested, here's the MTD I filed: [Caption] DEFENDANT'S MOTION FOR SUMMARY DISPOSITION Defendant moves the Court to dismiss, with prejudice, all of Plaintiff’s claims under Michigan Court Rule 2.116©(7) by reason of payment and release. Defendant provides supporting documentation and arguments in the accompanying memorandum. XX/XX/XXXX Respectfully Submitted, ___________________________ [Me], Defendant [Caption] MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY DISPOSITION In this motion, Defendant asks the Court to dismiss, with preju
  9. Okay, so I filed my MTD two weeks ago, and in the mail yesterday, I got this letter: "Enclosed for your review is a copy of the proposed Stipulation and Order to Dismiss. If the Stipulation meets with your approval, please remit. In order to dismiss any upcoming hearings, we need to have this returned to our office ASAP. If you have access to a fax machine, please fax it to ... or if you have access to email, please email the document to ... Please also forward the original signed document by mail." Stipulation: "Plaintiff and Defendant do hereby stipulate and agree that the above-capti
  10. BTW, a funny aside (at least I found it funny.) I had to go to the court to fight a traffic ticket, (how can you cite a moving violation on a parked car?) and so I stopped by the civil division to see if there were any surprises in the docket, and the lady helping me at the clerk's desk tells me, "You really should answer the complaint, you know." "Court staff cannot and will not give you legal advice." lol
  11. You bet I read it. I read through it twice before I started this thread. His revised strategy is based on a complaint with no supporting documentation. My JDB seems to have cut-and-pasted the complaint, statement of account, and affidavit straight from MCL and MCR. They're trying really hard to present a watertight case. I'm going to go MTD, Answer with multiple affirmative defenses, Motion to Strike Plaintiff's Affidavit and statement of account, demand Production of proof of chain of Title, etc. But in the end, I'm really hoping that the indices of A&S are my ace in the hol
  12. Yeah, I still have the head cold, but I don't think that was a stuffy-headed mistake. Since 2.116 is titled "summary dispositions," I thought the motion should be titled as such. I'll change that. As I understand it, yes, you get ...14(?) days after the motion is denied to file your response. I was just wondering if I should attach an affidavit to the motion. Now I will. Thanks for the help. I'll polish it up.
  13. Another oddity of their case: JDB claim = OC account - A&S + $9.36. A&S was 4 years ago, so I don't think that extra $10 could be interest... Hm. Might this be a basis to demand production of the account history in full?
  14. Here's a draft of my MTD: DEFENDANT'S MOTION FOR SUMMARY DISPOSITION Defendant moves for the Court to dismiss, with prejudice, Plaintiff's claims, pursuant to MCR 2.116©(7) by reason of release and payment, providing arguments and supporting documentation in the accompanying memorandum. MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY DISPOSITION In this motion, Defendant petitions the Court for summary disposition, and dismissal, with prejudice, of Plaintiff's claims alleged against him, pursuant to Michigan Court Rule 2.116©(7), wherein relief is deemed “appropriate because o
  15. I know that in general, one is not required to give prior notice to a suit... I was just wondering if a debt collector needed to attempt to collect the debt outside of the legal system. The laws, and case law regarding Assignment of Account Stated confuse the heck out of me. So if assignor has valid claim to a stated account, assignment does not change the state of the Account. I somehow got the impression that in the absence of a contract stipulating rights of transfer and assignment, Statement of Account between debtor and assignee would need to be reestablished. That plays back to t
  16. 1. Named Plaintiff: Capital Alliance Financial, LLC 2. Firm: Stenger & Stenger PC 3. Amount: $600-$1000 4. Original Creditor: Bally Total Fitness 5.-7.: Legally served in person at home 8. Correspondence prior to suit: Absolutely nothing. 9. I live in Macomb Co, Michigan 10.-11.: Approaching end of year 4 of 6-yr SOL 12. Status: Complaint served 13. Have you disputed the debt: Not sure ... see below 14. Did you request debt validation? No, Complaint was first contact 15. How long do you have to respond to the suit? Today is day 6 of 21 days to respond 16. No ROGs. Allegations are paraphr