bk85

After careful consideration of all my financial debts which amount to 20k-ish and further cost of litigation i have opted to file chapter 7. I am below poverty with my family size so it should go smoothly. Thank you all for your advice comments.

So today i received: Amended complaint and agreement.( This agreement does have my name on it and it only says bksales as the business name) So i dont know where he is going with bksales.us. It is only a merchant agreement but he is trying to say it was a dba. I have never had any such dba. Nor is any such dba registered anywhere i know of. Also an attached wois.net search with my name on it for BKSALES.US (The funny part is they printed and filed it with it stating (unlicensed printer license required) all over it and the footer address comes back to nothing. Plaintiff's First set of interrogatories,Admitals and request for production. ( 8 years of banking statements LOL can we get anymore vague) 3 subpoenas to paypal, ebay, and kabbage. I only have business accounts with paypal and ebay under an llc that is not mentioned in complaint. All three subpoenas are extremely vague. (Any and all contract agreements, statements and any other related documents). So im pretty confident the subpoenas will be challenged and come back with nothing. The only one is Kabbage that may come back but they had to do that through Georgia and have it served. Without paypal they have nothing so im not to worried. After reading all of this they are on a fishing expedition. Oh yeah here is the kicker. He is calling his wife Michelle Warner as a witness for Bloomfield Financial Group LLC. (Thank You Interrogatories and admitals here we come) If you don't believe in what i am doing please feel free not to comment. If you want to help feel free. I will scan and attach everything soon.

I have no tolerance for identity theft. I am hoping this attorney will give me something i can use. Why make the cops work harder than they have to if an attorney will do it for them. I will play this out and see what gets presented to the court. Then it is on record and i can reference this case in my police report. I understand why people want me to just file a police report now but with an open court case things can be gathered easier than if the police just investigate it especially with 90 days of discovery. I am hoping for hard evidence. Also i am looking at other ways of beating it in case an account was in fact opened under my name. Then i would have to subpoena account establishment documents from them. At this point i cant just say it is not mine if someone had my social security number they can do a lot from just a computer. So i need more information on this to proceed in filing a police report. Plus i am a stay at home dad currently and have a decent amount of time for this.

Nowhere in that document is the account number 2511364 as mentioned in the complaint. Also the balance is only $926 not $1852 or they would have sued for that. The first charge off is the initial and the other 3 are the summary of that charge off. This document is pure speculation at this time unless he can prove this by statements as anyone with excel could type this up.

The Plaintiffs attorney mentioned subpoenaing banking records and needing time. So i agreed to 90 days discovery. I have no feeling of doubt that this attorney has no case as this debt is not mine. My main concern is if there is no valid personal guarantee they can only go after the business. From research there personal guarantee was only on the merchants performance and not on any defaulted balance owed. They have since updated the personal guarantee terms for this reason im assuming as it now contains any defaulted balance owed. I'm interested in seeing this agreement. He now only has 5 days left so we will see as he stated on the record that he has it in front of him. Which makes no sense as to why it wasn't attached. The judge sounded annoyed with im.

I went to pretrial conference with a (Motion for More Definitive Statement) in regards to 2.113 (F) and the judge was going to allow me time to address the issue and the attorney agreed to amend his complaint with agreement within 7 days. So i am waiting until then before i file a ( Motion for Summary Disposition). So upon receipt of there amended complaint i have 7 days to amend my answer and affirmative defenses in response or file a motion. So i should prepare an affidavit denying this debt to submit with my answer and affirmative defenses?

No assignments, affidavits, or agreement were attached to the complaint. Only the account summary which doesn't even have the account number on it.

Here is the complaint and first answer. My address has been whited out. The judge ordered the agreement be attached within 7 days. He also has allowed me 7 days to response and amend by answer and affirmative defenses upon reciept. He has also required Plaintiff throw in all his cards (witnesses and exhibits) within 14 days. anwser.pdf complaint.pdf

This is what the personal guarantee section states: Owner's Personal Guarantee of Merchant's Performance of Merchant Contractual Covenants. Owner personally guarantees the performance of all of the covenants of Merchant in this Agreement, specifically including the Merchant Contractual Covenants above. (Owner does not absolutely guarantee that sufficient future receivables will be generated or Proceeds collected to equal the Specified Amount sold to Company.) Section 1.2. Merchant’s Contractual Covenants and Representations; Further Inquires. Covenants. You agree: (i) Not to use any amount loaned for personal, family or household purposes and not to repay us from any consumer account; (ii) Not to materially change the nature of the business that you conduct from the type of business originally disclosed to us in connection with this Agreement and, unless we are adequately notified in advance, to conduct your business substantially in accordance with past practices; (iii) To take all steps necessary to provide us with access to view the activity in your Business Payment Account, Bank Account and marketplaces where you do business and to such other accounts and sales and shipping data as we deem necessary and appropriate, for the purpose of monitoring your business activity and finances; (iv) Not to reduce or remove, or cause anyone to reduce or remove, our access, once granted, to your Business Payment Account, Bank Account, marketplaces where you do business and such other accounts and sales and shipping data as we have deemed necessary and appropriate; (v) With regard to information about any marketplace or other service provider that you provided to us to determine the amount of your Loan, to notify us promptly if the details of your account with such marketplace or other service provider changes, you open a new account or you close your account (vi) To use your Business Payment Account in a volume consistent with the level of transactions you processed through such account(s) when you received your Loan, or otherwise ensure that funds sufficient to satisfy your obligations under this Agreement are deposited into your Bank Account; (vii) To maintain a minimum balance in your Business Payment Account or Bank Account, as appropriate (as required by Section 1.3 below); (viii) To collect on your sales promptly, in compliance with all applicable federal, state and local laws, rules and regulations and consistent with your past collection practices; (ix) To make payments to us (in U.S. dollars) on the applicable Payment Due Date" (x) Not to take any action to discourage the use of your Business Payment Account and not to permit any event to occur that could have an adverse effect on the use, acceptance or authorization of your Business Payment Account for the purchase of services and/or products by your customers; (xi) Not to open a new account other than the Business Payment Account or Bank Account (collectively, the "Accounts") into which your sales will be deposited and not to take any action to cause future sales to be settled or paid to any account other than the Accounts; (xii) Not to sell, dispose, convey or otherwise payment your business or assets without our express prior written consent and the prior payment or assumption of all of your obligations under this Agreement pursuant to documentation reasonably satisfactory to us; (xiii) Not to take any intentional action that would substantially impair or reduce your generation or collection of accounts receivable adequate to satisfy your obligations under this Agreement without our prior written permission; (xiv) Not to terminate your authorization of scheduled debits in Section 1.3, stop payment on any debit authorized pursuant to Section 1.3, claim that a debit transaction pursuant to Section 1.3 is unauthorized, or seek a refund, return, chargeback or dispute of a credit card transaction related to a payment under Section 1.3; and (xv) To notify us promptly if, with regard to any Business Payment Account or Bank Account, the details of your account change, you open a new account or you close your account.

They are suing for $926 in district court. I found an old agreement online from 2015 https://www.lawinsider.com/contracts/VtZdVAsY9og0T0Aq6W7kA/nef-enterprises-inc/1530981/2017-01-27 I wouldn't think it changed to that so i assume it was the same or worse in 2013. The personal guarantee is not of the amount owed but of the merchants performance. There also is an arbitration clause in there agreement. If anyone could review and let me know: Any suggestions on motions? Affirmative Defenses? Would be greatly appreciated.

I proof read what clydesmom suggested and confirmed it and have no intention of calling them anymore. But as for the debt i have no knowledge of it as i was working a full time job when this loan was created. During pretrial conference the Plaintiff's attorney said this is a business loan for bksales.com and after research i see it is a promotional products business in Florida and i have lived in Michigan my whole life.They say i made a personal guarantee on this account which is not true. I am currently just waiting to see what this agreement looks like and if it is even signed. After researching Kabbage INC i see they are all digital and loans are issued instantly. So i am planning on questioning if identification was validated before initiation of the loan. Im just stressed out over this and trying to figure out how to proceed.

Sorry the paragraph was so large it was hard to comprehend. I now went over it again and see your point. Thank You for your posted.

Date of alleged loan: 5/15/2013 Date served: 05/06/2018 Dated of answer and affirmative defenses:05/24/18 Date of answer to affirmative defenses:6/1/2018 Pretrial Conference:6/19/18 I am currently being sued by Bloomfield financial group llc for a kabbage business loan in district court in Michigan. I have already been to pretrial conference and mentioned 2.113 f 1 and the judge informed me that i must make this by motion of more definitive statement. I informed the judge that i have it ready to file today and Plaintiffs counsel requested to amend complaint. The judge ordered the agreement be attach by amendment within 7 days. He also ordered that i respond with my amended answers and affirmative defenses within 7 days upon receiving the amended complaint. That all witnesses and exhibits are due within 14 days and 90 days for discovery. This was a savior as i kinda messed up my original affirmative defenses. Also it gives me time for interrogatories on the structure of Bloomfield Financial Group LLC. This agreement i assume was made digitally. My main concern is that i believe this attorney owns Bloomfield Financial Group LLC and is filing this complaint on his own behalf through a shell LLC. I believe this to be a violation of MCL 450.681 that is referenced below and highlighted in red. If anyone has suggestions on how to prove this that would be great. Also any help with the case would be appreciated. Can i call opposing counsel as witness? 450.681 Practice of law by corporations and voluntary associations prohibited; exceptions; penalty. Sec. 1. It shall be unlawful for any corporation or voluntary association to practice or appear as an attorney-at-law for any person other than itself in any court in this state or before any judicial body, or to make it a business to practice as an attorney-at-law, for any person other than itself, in any of said courts or to hold itself out to the public as being entitled to practice law, or render or furnish legal services or advice, or to furnish attorneys or counsel or to render legal services of any kind in actions or proceedings of any nature or in any other way or manner, or in any other manner to assume to be entitled to practice law or to assume, use or advertise the title of lawyer or attorney, attorney-at-law, or equivalent terms in any language in such manner as to convey the impression that it is entitled to practice law, or to furnish legal advice, services or counsel, or to advertise that either alone or together with or by or through any person whether a duly and regularly admitted attorney-at-law, or not, it has, owns, conducts or maintains a law office or an office for the practice of law, or for furnishing legal advice, services or counsel. It shall be unlawful further for any corporation or voluntary association to solicit itself or by or through its officers, agents or employees any claim or demand for the purpose of bringing an action thereon or of representing as attorney-at-law, or for furnishing legal advice, services or counsel to a person sued or about to be sued in any action or proceeding or against whom an action or proceeding has been or is about to be brought, or who may be affected by any action or proceeding which has been or may be instituted in any court or before any judicial body, or for the purpose of so representing any person in the pursuit of any civil remedy. Any corporation or voluntary association violating the provisions of this section, and every officer, trustee, director, agent or employe of such corporation or voluntary association who directly or indirectly engages in any of the acts herein prohibited or assists such corporation or voluntary association to do such prohibited acts shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed 1,000 dollars or by imprisonment for a period of not to exceed 6 months, or by both such fine and imprisonment, in the discretion of the court. The fact that such officer, trustee, director, agent or employee shall be a duly and regularly admitted attorney-at-law shall not be held to permit or allow any such corporation or voluntary association to do the acts prohibited herein nor shall such fact be a defense upon the trial of any of the persons mentioned herein for a violation of the provisions of this section. This section shall not apply to any corporation or voluntary association lawfully engaged in a business authorized by the provisions of any existing statute, nor to a corporation or voluntary association lawfully engaged in the examination and insuring of titles of real property, nor shall it prohibit a corporation or voluntary association from employing an attorney or attorneys in and about its own immediate affairs or in any litigation to which it is or may be a party, or from employing an attorney or attorneys to render legal aid without charge to any employes of such corporation or voluntary association, nor shall it apply to organizations organized for benevolent or charitable purposes, or for the purpose of assisting persons without means in the pursuit of any civil remedy, whose existence, organization or incorporation may be approved by the circuit court of the circuit in which the principal office of said corporation or voluntary association may be located. Nothing herein contained shall be construed to prevent a corporation from furnishing to any person, lawfully engaged in the practice of the law, such information or such clerical services in and about his professional work as, except for the provisions of this act, may be lawful: Provided, That at all times the lawyer receiving such information or such services shall maintain full professional and direct responsibility to his clients for the information and services so received. But no corporation shall be permitted to render any services which cannot lawfully be rendered by a person not admitted to practice law in this state nor to solicit directly or indirectly professional employment for a lawyer.