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Everything posted by BitsyM

  1. Thanks @Clydesmom. I'm revising my Answer. I'm going to private message you as soon as I finish up that part. I really appreciate you taking the time to read, respond, and assist!
  2. Hi all, I received a Summons and Compliant on March 6th. I was properly served and it is within the statute of limitations. I am currently prepping my answer and affirmative defenses for submission to the court, and service to the plaintiff's attorney. My story: At the time of treatment by this medical provider, January 2016, I had to see this provider as my secondary insurance from a car accident settlement required me to go there as a condition of continuing to pay for my treatment. It is a neurologist and I have on-going migraines and neck issues from a car accident. My bills are submitted through my primary insurance and then the secondary pays the remaining bill. I went to see this neurologist and provided my insurance information and secondary insurance. I went to an appointment and they advised me that I had an outstanding balance. I once again provided the insurance information. I believed everything was good to go as I never received anything in the mail and I went back to seeing my selected neurologist and not the one that I was required to be evaluated by, per the secondary insurance company. In 2019 my father received a bill at his home and brought it to me. I immediately contacted the neurologist office and let them know that they did not have the correct address. I also advised that the insurance should have been billed and I would not have any out of pocket monies due. I found out at this time that they had been attempting to bill the incorrect primary insurance. Due to the length of time from the original evaluation, my primary insurance had changed and could no longer accept claims as it was over a year. When I spoke to whomever answered the phone at the neurologist office, they told me that they would not bill the secondary insurance again as it was denied. I explained to the person that they used the incorrect insurance, had the wrong address, never updated any of the information as requested, and I wanted to get this taken care of now that I knew that it was still outstanding. The person on the phone ended up hanging up on me after we went back and forth. I received a letter from the plaintiff's attorney in December or January of 2021. I sent a certified letter explaining everything above and received back an internal account inquiry from the neurologists office that lists me as "self-pay", still has the incorrect address, and shows that they attempted to bill an insurance company that I did not have at the time of my evaluation. The response letter from the attorney had a phone number and stated to call to discuss a payment arrangement. I called the attorney the same day and left a voicemail message that I would like it to be paid via my secondary insurance that required me to go to that office. I asked that the neurologists office please submit the bill to them as they are required to pay any bills that are not covered by my primary insurance. I never received any response, or return phone call. I received the summons and complaint. The items in the complaint are as follows- 1. City that I live in. It is correct and I will agree. 2. Plaintiff, at the express or implied request of Defendant sold and delivered certain reasonable, and necessary medical and/or psychology merchandise and/or services to or for Defendant, and/or his/her minor child, for the dates of service identified on the attached invoice.- The invoice that was attached had no information and had zero balance. I am going to upload a redacted copy here.- I am going to deny, but need advise as to how to word my answer. 3. As a result Defendant is indebted to Plaintiff, on open account, a copy being attached in the principal amount of $475- I will deny 4. Defendant has failed or neglected, despite demand, to pay the amount due- I will deny Plaintiff requests judgement against the Defendant in the amount of $475 plus interest to the date of judgement, costs, and attorney fees. If anyone can offer any help with my answers/affirmative defense, I would greatly appreciate any advice and help
  3. @Brotherskeeper First and foremost, thank you so much for your help! I appreciate every response and all of the information that you have assisted me in finding, and for providing. I tried to go to the court yesterday, after checking on the website to ensure that they were open. I pulled up and the doors were locked. Closed today and tomorrow as well, I'm assuming. The judge just said that I had a week to file for arbitration and send the election of arbitration to Midland (on 12/18/2019). I mailed CMRRR to Midland, the attorney, and JAMS a copy of election of arb., copy of agreement, cover letter to JAMS denoting what enclosed (demand form, 2 copies of agreement, notice of election that I sent to Midland and attorney). I also noted that I was requesting that Midland pay the fees per the enclosed agreement. I included in all 3 mailings a signed and dated certificate of service. I have a copy to drop off at the court of everything that was sent and copies of the CMRRR green card. So, I did everything within the 7 days from the 18th. Now I guess I just wait for JAMS, or Midland to contact me. I've never had the process go this far. Thank you also to @fisthardcheese for all of the information that you have taken the time to provide on this forum. I could not have made it this far without the information. I greatly appreciate it.
  4. @Brotherskeeper I plan to do exactly that regarding the filing fee Should I send everything to both Midland and their attorney? Of course CMRRR via USPS.
  5. @Brotherskeeper and @Harry Seaward- Thank you! That's what I thought, but I needed some reassurance. I appreciate the help To answer your question about the wrong venue- the judge told me that they did handle parts of Northville City, not just the township, no violation. I don't think that I would qualify for a waiver.
  6. Can anyone help me out quickly? Went to court on Wednesday the 18th. Judge set aside the default judgement based on my Affirmative Defense in my Answer. I have one week to send the attorney for Midland my Election for Arbitration Notice. I've got that covered. My question is the JAMs part of it. Can someone look at the attached agreement and let me know if I can request that Midland pay the fee for filing? I need to run to the court house today as soon as I leave work to provide proof that I have sent the letter and began the arb. process. Thanks in advance for any advise or help. CC Agreement.pdf
  7. @Goody_Ouchless-answer was posted above 😊 Update-hearing today for Motion to Set Aside Default Judgement was granted by the Court. I have a week to send the opposing counsel my Arbitration Election Notice. I also plan on filing a copy with the court (of my application with AAA) We’ll see from here....
  8. @Brotherskeeper- No. I did not file a MTCA. My apologies, I missed that questions. @Goody_Ouchless- No worries. If I was trying to cover anything, I certainly wouldn’t be posting on the interwebs
  9. @Goody_OuchlessEven if “they” monitor these boards, I still need advice... Worst case scenario, I pay an attorney to handle this on my behalf. At this point, the amount of stress that this has caused me, is worth paying a couple of thousand dollars to an attorney. Between a very sick child, an on-going custody battle, and normal day to day crap, Midland Funding can kiss my whole behind.
  10. @Brotherskeeper Attached is the Summons and Complaint and my Answer. My answer stated that it was not the proper venue. At the first hearing the judge denied that then set the date for the hearing for 11/06. That is the one that I missed. My defense is that I responded to the complaint, showed up for the first hearing, called immediately after missing the hearing on the 6th, showed up and filed the Motion and Affidavit to Set Aside Default Judgement. Midland Summons and Complaint Redacted.pdf Civil Answer Redacted 07.13.2019.pdf
  11. @Brotherskeeper- that is correct. I have my daughter's attendance record from school to show that she was absent on 11/06 and documentation to show that we were at the doctor on 11/07. I received the attached opposition that was filed by the attorney for Midland. I received the letter on Saturday. Not quite sure if I need to take any action, other than showing up at the scheduled hearing on the 18th with a copy of the card agreement, attendance record, and doctor's note? I'm going to scan and upload my Answer that was filed in response to the Complaint and Summons. Opposition Letter Redacted 12.16.2019.pdf
  12. I suck for being a super procrastinator and not adequately preparing, but the outcome was good. Dismissed w/out prejudice. Met with Midland's attorney prior to the hearing, showed that I had the AAA documents ready to be completed, a copy the card agreement, and nerves of steel. One more to go....
  13. Latest and greatest. Served 06/07/2019. Responded- denied all, provided affirmative defense (binding arbitration). Settlement conference hearing is today at 2pm. Do I just take the card agreement marked as Exhibit A, and verbally ask the judge to set aside, or dismiss pending private contractual arbitration? I was also planning to print out a copy of the application for arbitration through AAA to show that I was ready to do so that day. Also planned to have copy of Proposed Order to Dismiss, or in the Alternative, Stay Proceedings Pending Private/Contractual Arbitration. Not sure if I can do this as I never filed a MTCA. Can anyone give me any advise before I head out in an hour or so...?
  14. I went back to the court. Filed a Motion and Affidavit to Set Aside Default. I included a copy of the card agreement and stated that there is a binding agreement with an arbitration clause. Hearing is scheduled for two weeks from now. Any advice as to what I need to take with me to court, document-wise, or say when I go? Other than that I have diagnosed anxiety and panic disorder and would rather deal with arbitration? (Joking. Half joking)
  15. 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 advice.
  16. @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.
  17. @Brotherskeeper Thank you. I'm not going to risk it and will just file an answer just to be safe.
  18. Attached in the Motion and Notice of Hearing Review.pdf
  19. @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?
  20. @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.
  21. @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.
  22. @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.
  23. 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
  24. Letter to be mailed via CMRRR today. Open to any and all suggested edits. Thanks Tate and Kirlin Working Letter 06.17.2019.docx
  25. @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.
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