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determined2fight

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    Michigan

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  1. Is there a time limit to file an ammended answer in Michigan? I did not add any affirmative defenses in my answer. The plaintiff has filed a MSJ that occurs 2.5 weeks from today. Do I still have time to amend my answer to reflect affirmative defenses?
  2. @Brotherskeeper, thank you! I had not idea that they had the walk in clinics for free legal aid....u are always so helpful...I really appreciate it!
  3. @Brotherskeeper, you think so....darn, i hope they don't have billing statements! ill look into arbitration....lawsuits are no fun!!!!
  4. @Brotherskeeper, Thank you. Midland made up their own statement and their own agreement. Im assuming they don't have any billing statements of the original creditor, seeing how they didn't attach any and went so far as to make up their own statement.
  5. i remember reading bmc's thread and it stated to file a sworn affidavit with your answer.
  6. @Brotherskeeper, thank you very much! I read through the thread and that really helps.
  7. Hello, I am being sued by a law firm on behalf of Midland Funding in Michigan. In my answer, I stated that I do not recall having the alleged credit card. However, I did not attach a sworn affidavit to my answer. Could someone please tell me how I would go about ammending my answer so that I can attach the affidavit to it. It has been over 14 days since I filed the answer.
  8. Im so nervous to fight this suit with the same judge. Could someone tell me if I am being sued on an account statement, or a breach of contract? This is the Complaint: 1. The Plaintiff is the owner of the within credit card account through purchase, bearing account number ........... 2. By use of the account, the Defendant became bound by the terms in the credit card agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit D. 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. That there is now due and owing to Plaintiff by Defendant, the sum of $1,000.00 on said credit card agreement. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the Defendant failed to do so.
  9. @shellieh98, I fought the last suit and the judge pretty much told me that it was in my best interest to settle with them because he was going to accept their evidence so I ended up making an arrangements with them, that I can't even afford. However, in the last suit, I had admitted that I had defaulted on a debt and so my argument was standing. Yea, that was the wrong thing to do. In Michigan, I have seen first hand that you can not win on standing alone.
  10. Please help me!! I don't want to loose this suit! 1. Who is the named plaintiff in the suit? --Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) --Weltman, Weinberg, and Reis 3. How much are you being sued for? --$1000.00 4. Who is the original creditor? (if not the Plaintiff) --Fifth Third Bank 5. How do you know you are being sued? (You were served, right?) --was served 6. How were you served? (Mail, In person, Notice on door) --In person 7. Was the service legal as required by your state? --yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? --none 9. What state and county do you live in? --Oakland County, MI 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) --5.5 years ago 11. What is the SOL on the debt? To find out: --6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). --I filed an answer and I have a pretrial in a couple of weeks. I am nervous to fight this suit because Weltman just got through suing me in another suit and I have the same exact judge this time around. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) --No 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. --They never sent me a letter letting me know that they had acquired my debt. They sued me right off the bat. 15. How long do you have to respond to the suit? --already responded. Basically,I denied all the allegations. I wrote that I did not recall the alleged credit card in my answer. 16. What evidence did they send with summons? --They sent a statement made by the JDB. There are no actual fifth third bank statements. Also, there are general bill of sales and affidavits that do not specify my name, account, social, etc.
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