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BitsyM last won the day on May 14

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  1. Synopsis- Sued by Midland Funding. I responded in the proper amount of time with denying all the the items in the complaint. I was prepared to go to the pretrial settlement hearing. Date in my planner and in my phone. Made a huge mistake and put in on the Tuesday of the following week, so Nov. 13 instead on Nov. 6. My daughter was ill on November 6th and had to go to the doctor. Missed school for 2 days. Since we were home, I opened my huge file to last minute prepare for the pretrial settlement hearing the next week because I had done nothing to prep. My plan was to ask the judge to stay or dismiss pending contractual arbitration. When I opened my file, saw that I had missed the court date the day before. I freaked out, called the court and was advised that a default judgement had been entered. I was told that before I could do anything else that I needed to file a motion to set aside the default judgement and that I could do so at the court. The woman advised that they had the forms and I would fill them out and pay $20. My naive thought was I would fill in the blanks and write that my daughter was ill, I could prove so with paperwork from doctor and attendance documentation from school. When I showed up at the court on Tuesday 11/12 (Monday was Veterans Day and court was closed), I was told that I needed to write in why I didn't owe the money for the default judgement. I explained that I had planned to ask the judge to stay or dismiss, etc... I was then advised that I should come back with more documentation. Do I have any chance of getting the default judgement set aside? Should I just call Midland and set up payments? Amount is around $2,100 from the default judgement. Debt is 5 years and 9 months old, so not out of the statute of limitations. I appreciate any help or advise.
  2. @Brotherskeeper I will definitely take that advice and call for legal advice. I'll report back with my findings, in case anyone else should ever run into this problem.
  3. @Brotherskeeper Thank you. I'm not going to risk it and will just file an answer just to be safe.
  4. Attached in the Motion and Notice of Hearing Review.pdf
  5. @Brotherskeeper I am filing my motion for change of venue and notice of hearing today. I already got the date from the 35th District Court. I will also include proof of service when I file. My questions are- 1) the fill-in order that you linked to, should I include that with my filing with the basic information filled out for the Judge in advance? 2) the hearing for the motion is scheduled after my answer to the summons and complaint would be due for the 21 day deadline. Should I file that with the court that is not in my county? The one that I'm motioning to move the venue from?
  6. @BV80Yes. Only a quarter mile or so, but my house is in that small area. Right on the border of Novi. Involved in a child support/custody situation right now and Oakland County because of my residence. My ex is in Northville Twp, Wayne County.
  7. @BV80 Account was opened when I was living in St.Louis, MO. I live in Northville City, but the very small area that is Oakland County.
  8. @Brotherskeeper Court venue is incorrect. I don't know why my attachment showed up there. I live in the 52-1 court district and that was filed in 35th district.
  9. The latest scene in the **** show that is my life is- Summons and complaint received served, in person, to me yesterday Being sued by Midland for a past account with JC Penney/Synchrony Bank formerly GE Capital. Court venue is Midland Summons and Complaint_Redacted.pdf correct. Attached summons and complaint, along with the docs that were included. My redactions are in pink. On the last page of their supporting docs, the address that they had for me, redacted in pink, is an address that I lived at 3 years ago. Midland Summons and Complaint_Redacted.pdfMy first question is, when I answer do I include my denials and affirmative defenses at this time, or do I first just answer and file a motion to dismiss for improper venue based on my residence? Also, how do I serve the Plaintiff's attorney when the only address provided is a PO Box? If I were to send anything via CMRRR doesn't it have to be a physical address? Can I only send correspondence via first class mail in this case? Midland Supporting Docs_Redacted.pdf
  10. Letter to be mailed via CMRRR today. Open to any and all suggested edits. Thanks Tate and Kirlin Working Letter 06.17.2019.docx
  11. @fisthardcheese If I had to guess, the last time that I would have made a purchase would have been in 2013. @Brotherskeeper I'm redrafting my letter now. I didn't want it to look like a cut and paste job where I just included a bunch of crap that doesn't even apply to debt verification requirements, but I am going to follow your advice and include include the MCL 339.918(2) requirement. I plan on mailing via CMRRR today. Would you mind taking a look at my draft when you have a moment and letting me know if I should make any revisions? Thank you all for your input. I really appreciate it. The help that I have received from this forum has really helped to alleviate my anxiety.
  12. So, I think that my current plan of action will be to send a debt validation letter to Tate & Kirlin, in order to be within the 30 days from their letter. I’ll then figure out my next step once I receive a response.
  13. @Brotherskeeper I was in St.Louis, MO from 2000-2015. I think the SOL for Missouri is 5 years. (But, I’m using Google for my info, so unsure on the accuracy of my info) Last payment was allegedly in 2014.
  14. @Brotherskeeper- I don't remember. I was in a complete mental and physical free-fall between approximately 2010 and 2014. I can't confirm any mail received. Divorce, inter-state move, and overall head in the sand mentality. But, I did have a file that was from a bunch of statements that I had provided to my attorney during my divorce that had a Neiman Marcus bill. That was what I used to figure out what the letter from Tate and Kirlin was referencing. I do not have anything saved regarding an "opt out", or any "change of terms" notice.