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Pumaz's Achievements


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  1. I am from MI as well May I add to get familiar with FDCPA and MCPA to try and come up with some violations to counter with.
  2. Hey Im fighting in MI too. I assume you are composing your answer to their summons and, as I was at that point, very confused... First make sure you deny everything in the complaint either because it is not true or because they have not provided enough information in the complaint for you to know one way or the other... Second examples of Affirmative defenses can be found throughout the site. This is the point where your list anything that might possibly be a defense in your situation. You do not have to be specific at this point. MAKE SURE YOU LIST AS A AFFIRMATIVE DEFENSE: "The existence of an agreement to arbitrate within the contract provided by the Plaintiff/Counter-Defendant." or something similiar. After you respond you will be scheduled for pre-trial. At pre-trial the attorney for the other side will ask you if you can settle (probably for horrible terms, ours asked for the full amount due without interest or fees despite our counter-claims). Since you probably will not accept those terms you will go before the judge and get a trail date set (probably about 90 days out) at which point you can start with discovery and all that. IN MI they call Summary Judgement - Summary Disposition. If they file a Motion for Summary Disposition it is important to find out if it is in referance to their claim or to your counter-claim and then respond. A motion hearing can take place BEFORE pre-trial so watch your mail carefully. Third is the section on "Counter-claims". You seem to be confusing these with affirmative defenses. Counter-claims are wrongs commited by the plaintiff, (under FDCPA or MCPA) against you that you are sueing them for. You will also need to list relief requested (how much money you want and from who). There are many examples throughout this site and debtorboards.com of responses to summons. The main thing is to respond within the time (21 days i think), and deny, everything else can be fought over later and your pleadings can be amended or elect arbitration (as I am in the process of doing).
  3. I am dealing with AMEX as well.. If you dont mind could you elaborate on what happened between them having a a witness flown in and your settlement? Did you settle at trial?
  4. So what happened... Did they come through and get judgement anyway. I am scheduled for trial in april and in the process of striking the affidavit thinking they wouldnt have much of a case otherwise...
  5. I think the point of my post was missed. The confusion is not with the dates, although I agree we should be checking our mail everyday. The point is that it appears zwicker is off the case and Stillman is on the case. Do my discovery requests, defenses, motions and counter suits still apply? Zwicker was named in my counter suit along with AMEX (they did a block party while tryoing to collect) The notice to appear from Stillman is the same case # and account #.
  6. We live in MI. Got served summons from AMEX on CC debt by zwicker. Answered summons denied everything, affirmative defenses, discovery, counter sued... the works. So they filed for summary and we didnt show up because we got the notice 3 days prior to the appearence and didnt get the mail in time, but they didnt show up either. Meanwhile we had gotten a letter for Stillman Law Office saying that they were collecting on a debt of .01 and said verify or we'll proceed blablabla. Stupidly we ignored it and it turns out that Stillman is the new law firm and we missed the validation window (we recieved the letter on Nov 5). We still have a notice to appear for Jan 5 for pretrial conference, but now we just received notice from Stillman to appear on Jan 11 for summary disposition. Do all my requests for discovery and such still apply. Plus Zwicker was named in my countersuit.. what happens with that? Not sure how to proceed. Also I'll be looking up how to fight summary judgement but any pointers would be great. Thanks
  7. Pardon me for asking to be spoon fed... but I only have 21 days to file a response and I have 2 jobs, 2 kids and a pregnant wife. So instead of arguing income tax law on my thread could you maybe please post what "your friend" stated in affirmative defense that had them "running scared" time after time. Thank you for your time.
  8. I didn't mean to offend. I am just trying to get good advise that will hold up... this is the internet after all and everyone knows that you can sometimes get info that will do nothing but get you on a judge's SH** list. I understand the concept and like I said it sounds brilliant, but like any responsible person I was seeking a second opinion. Thanks again for the advise I truly appreciate it. I'll be posting my response soon and would love some feedback on that as well.
  9. This sounds either brilliant:idea: or reason to get laughed out of court . Of course I appreciate all advise, would love it if another knowledgable person could second this as a possible affirmative or counterclaim.
  10. When they go up they will go up FAST... I am amazed how long theyve been able to supress rates. The key to look for is trouble with Fannie and Freddie. As soon as banks actually have to take on risk again rates will rise.
  11. Student loans are rough. I would send a validation request to shut them up.
  12. Thanks for the reply. Although the amount is under $25,000. About $8,000. Also, you mentioned going to the courthouse to research. Do I just go to records and have them search for plaintiff=Zwicker/AMEX? Then I assume I pay a nominal fee for any records I'm interested in... (excellent idea by the way)
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