juiceky

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About juiceky

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  1. Linda: thanks yes,I did not see that you said it did not work in Michigan, so much great info I ignored the caveat. I'm still in front of that scenario, having not been served yet, and sending my election paperwork to JAMS today. Your efforts are amazing and im on the bandwagon with the rest here who thank you. I wish I never had to come here, but alas I am grateful for the info and the confidence it instills.
  2. I have the same situation with a Cap1 2005 card that i am being served on - they have attempted service but I wasnt home. After electing Arb on 3 separate occasions sent to Weltman et al (the Cap 1 atty in MI) via CMRR and based on the excellent advice on this forum, I sent another election letter with Jams paperwork filled out to both Attorney and Cap 1 CMRR, and I am ready to send in my election and initiate with JAMS (I received my green cards back) Today, however, I received a fedex letter from a non attorney specialist at cap 1 saying they are rejecting my arb election because it is no
  3. Barblong: Dont forget to include a Sworn Denial in your answer, based on advice from many on here, I did that and my attorney complimented my answer as "really good" Just a friendly reminder... I started by denying everything line by line, as presented herein. Then affirmative defenses... based on suggestions here, make sure you dont go overboard, you have the responsibility to prove those. AND the sworn denial. With so much ambiguity on the ownership and dates and SOL, you need to decide if they can actually prove title so use a tiered denial letter and make them overcome it. SWORN DENIAL I
  4. A quick search for "fair debt collection attorney michigan" on G oogle presents a great number of these firms dedicated to FDCPA cases Without consulting my attorney, I would like his permission prior to posting his name (its after hours), send me a PM if you need him. the list generated by the search above, however, yields 3-4 who take cases on contingency. I am sure within a few minutes, any attorney in this niche can tell you the chances on a given situation. Dont let anyone railroad you into settling! *PS im not a lawyer, just trying to offer the helping hand
  5. I forgot to mention that they have not updated my CR with the new balance of the agreement, and still report their fabricated amount which seems to increase every month. Are they obligated to update the credit agencies with correct amounts or do I need to dispute with the agencies and go through the debt validation process? Agreed that " My lawyer screwed me..." is a typical statement heard in jails worldwide, but i never thought anything was wrong (hey I got a 50% reduction from them") until I learned on this forum that their claim was based entirely on account stated. Honestly, I got totally
  6. In addition to my current woes (see other posts), I have learned thru this forum that I have a situation with A$$et Acc that I have been paying on for about 16 months. It was the same scenario, Account stated, really old debt and no real proof etc. Before I take the time to fll out the 20 question thing (it's already been conditionally dismissed with a payment plan)and I am paying on essentially a BS claim, my question is this: Can i go back after them for a bad claim? Is there a way for me to reopen the case and get it dismissed etc because they were in violation before i settled? can I get m
  7. All: Thanks for the continued great posts. I had a consumer credit attorney look at my case and he took it on contingency after about 10 minutes of review. (if you are on this forum - thanks for that) I will continue to update throughout the process but suffice to say that after filing my answer denying everything in their allegation, and filing a sworn denial, we are in the process of counter claiming under FCDPA. Will update this thread with generic results and info in the hopes that all who read and understand the advice in here can safely act against those JDB's who act incorrectly or il
  8. Lets say i get into it and answered my complaint pro se. Can i employ an attorney after the fact if one will take the case? Sorry cant send PM's yet
  9. just getting ready to send it out. Will continue to update the forum as to my prgress
  10. The plaintiff did not properly serve the first time. The original summons was stamped received by the court on 30 Mar The affadavit was dated 22 Mar The revised summons and complaint (Order for Alternate Service) is dated 2 July and was mailed to me on the 17th and 24th and taped to my door on or around the 24th of July I believe that i have 28 days to answer as it was mailed to me, but would like to mail today 8 Aug No updated Affadavit was provided with the revised summons, i.e. the affadavit included was the orginal one dated 22 Mar. Does this qualify as inadmissible under account stated?
  11. Need to consider leaving the affirmative defenses in then. No info from original OC included in complaint This is allegedly from 2007. I don't really know anything about it. And nothing was provided other than "trust me it's yours " documents from AA. Affidavit was sent within 10 days of original filing I don't know about allegation 1. I live here but don't know whether to save myself ARB rights? So deny based on not enough info? Thanks.
  12. BTW should I deny #1 in part, I live here but dont agree the venue is proper in this court? this would leave it open for ARB? Or flat out deny Allegation 1?
  13. After reading a lot of ColtsFan's threads i realize that I need to pare down the affirmative defenses to Standing. Let them prove the rest, right? I believe there was a great thread related to Midland and a laundry list to admissions that I need to prep right away. You guys are the best, i feel at least I can get over the first hurdle. Thanks for the humbling note, I dont want to get into proving anything for the plaintiff. I will keep updating my thread for info purposes. Thanks again,
  14. Thanks for the advice. Copied herein is their complaint - redacted NOW COMES the Plaintiff, ASSET ACCEPTANCE, LLC, by its attorney, and for its Complaint against the above named Defendant(s), states to this Honorable Court as follows: , I, The Defendant(s) resides within this court's venue and venue is proper in this court, 2. The amount in controvesry is within the courts jurisdiction 3, The Defendant(s) had an agreement for alan CREDIT CARD, originally with FiFtH THIRD BANK, 4. The Defendant(s) has defaulted in payments on the above mentioned account, said aC'count being shown in the Affida
  15. I have attached the Answer form for MI, SHould I use this for the second page or more like : State of MICHIGAN) )ss. County of OAKLND ) format? I have the counter affadavit (Sworn Denial) and they are n the correct timeframe, just wondering if the second page needs the headings like attached, just clarifying. Your advice and threads are fantastic, and I appreciate your help.