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Found 37 results

  1. Good Day All, After receiving mail from bankruptcy lawyers about a pending lawsuit I thought to Look Up Cases / Balances in my district. Lucky me own case number and register of actions. Never having been through this I want to be as proactive as possible. This suit will be within the SOL unfortunately. I am being sued by Portfolio Recovery Associates LLC (“PRA” [took forever to figure that abbreviation out]). The attorney listed is Michael J. Olcese. The ROA only lists a few things thus far: · Summ & Comp filed · Summ & Comp By Plantiff Issued · Filling Fee Pad · Check tendered ROA shows a date of 11/9 and as of 11/28 I still have not been served. When can I reasonably expect this to occur, and is there anything that I can do between now and being served? I found a thread with some outstanding content started by bmc100, “Those being sued in Michigan by a JDB, step by step in Defending” but 2012 was years ago. Combine this with the thread, “My experience losing in court (pretrial)” I am left with an unsettling feeling. I must protect my family’s assets to the best of my ability. Last thing I want is a debt from surviving college to set my household back. With that being said, outside of, https://www.bsdd.com/sitefiles/7887/new-guidelines-on-to-draft-the-answer-and-affirmative-defenses.pdf what information can I delve into to start preparing for this. What threads what case law, where do I start? My assumption is I will not have the luck that ‘not_me_ok’ had in obtaining an outright dismissal. In recent history, how often is success realized by the defendant in these cases? I have seen mention of arbitration. Are the courts so favorable to plaintiffs / hostile to defendants that this is the best course of action? My wife went through something like this in 2010 and simply said, “she had no knowledge of the debt” and the case was dismissed. Is it still as simple as saying this? Also I just found this section of the forum and at a quick glance there seems to be some great information that I am completely ignorant to. This will be resolved on the weekend. Also for those of you that made it to the end of this post, thank you for your time and attention. Any and all input is greatly appreciated. Sincerely, OD
  2. I've attached the lawsuit, please tell me how you would answer... SC454e_108118101517020.pdf
  3. Yes I have read all the Michigan posts but has been very confusing so here goes: Do I file an 2) motion to dismiss first for lack of standing or b) answer the numbed allegations or c) do MTD with accompanied by answers? Short Summary of Situation; 1. Midland is suing for Capital One card they say was from 2016, amount $ 650 2. Midland is the 4th, 3rd party debt buyer in this chain. 3. Attached are 4 Affidavits from each company (1 page each) 4. Attached are 4 Bill of Sale/Assignment from each company (1 page each) 5. Attached is 1 Affidavit from Midland saying they have personal knowledge of my account, and business records. _____________________________________________________________________________________________________________________________________________________________ This is starting to get scary as they have served me twice within 2 weeks now. The second set of documents look similar to the first. There are 4 lawyers names in the paperwork. Should I just post the paperwork and have you guys help me decide on what to do next????
  4. Hello, I just received a summons from Cavarly. I would like some advice on how to proceed. I read some old posts regarding filing a motion to dismiss and/or an answer. I would like to see if those older posts from a few years ago still apply in Michigan. Please advise. I appreciate all the help. Thank you.
  5. I recieved a summons and complaint, by a serving officer in the state of Michigan. Barely anything was attached to it, except 7 statements to the court which I will now copy 7 Claimed Statements and what my reponse would be (I Just have no idea how to send it) 1. Jurisdiction and Venue are proper in this court. (the 60th district, has jurisdiction over me I don't dispute that). Me- The Defendant admits this allegation in its entirety 2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in XXXX (Honestly don't know if I did) Me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 3. Upon Infomrmation and belief, Defendent has poession of this contract upon which this claim is based (either I didn't open it (the account), or I lost it) The Defendant denies this allegation in its entirety 4. The Account Was duly assigned, in the normal course of buisness, to the plantiff. (I Have no idea if they bought it or can prove it) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 5. Plantiff and/or it's assignor completed performence under the terms of its account (I have no idea what that means) Me- C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 6. Defended Has defaulted under the terms and the condtions of the account by failing to pay as promised (again no idea if I opened this account (Bipolar as hell), or they even bought it correctly if I did) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 7. There is presently due and owing the sum of 1366.18. plus costs and atty fees. (again no idea) Me -C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. I'm bipolar I had my identity stolen before and I actually have some bad debt, I have no idea of who where and what to respond to but I can't afford this I have no bank account because I am on disability and my wife pays everything on my behalf, secondly I do real estate 2 very old cars one worth 2000k and one worth 4500k, and 1 modest home. The cars are paid for and I have about 30000 worth of equity in my home. Thing is I have no idea if I opened this, second I don't want a lien on my property or for it to be acutioned off, how do I respond (Mail, Phone, email) secondly where this is the 60th district court.... I want a day in court to explain. What should I do?
  6. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Roosen, Varchetti & Oliver, PLLC 3. How much are you being sued for? $2,400 4. Who is the original creditor? Citibank, N.A. 5. How do you know you are being sued? Served papers 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They contacted me by phone several times, i would just tell them i was unable to talk at the time. I believe I received mail from them also. 9. What state and county do you live in? Bay County, Michigan 10. When is the last time you paid on this account?early 2014 i believe. I tried to find OC on my credit report but it is no longer there. Though while looking i noticed that Cavalry reported tat my balance went down 100 bucks last month... strange 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint served, need to file response this week. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? only have a few days left 16. What evidence did they send with the summons? A very vague bill of sale from Citibank to Cavalry , no acct specified, an Asset Schedule that shows three bulk lots with their sale id and cut off date of 9/20/16., and then the final statement from CITI showing the full balance due which is same amount they are after. There is not an affidavit attached. 1) Defendant entered into a contract with plaintiff or plaintiffs assignor, the acct #xxxx and pursuant to MCR2.113(F)(1)(b)Plaintiffs claim is based on on a written instrument which is not attached as it is in the possession of the adverse party 2) defendant defaulted under the terms and conditions of the contract 3) Plaintiff and/or its assignor completed the performance under the terms and conditions of the contract 4)That Statements were sent to the defendant detailing the amount owed on the account and defendant has failed to object to said statements. 5) The acct has been stated and/or is open between the parties 6) As a result of defendants default plaintiff claims breach of contract, open account,account stated, and/or unjust enrichment 7)The current claim amount due and owing by defendant to plaintiff is $2,4xx plus interest, cost and attorney fees. I have done a ton of reading on here, the Michigan cases in particular. I have a decent idea of my options moving forward. I am trying to decide which way should proceed. Im really leaning toward arbitration and filing MTC in Lieu of answer , but havent been able to find the cardmember agreement from when the account was still active. Im still having trouble with filing an answer if i proceed that way.
  7. 1. Who is the named plaintiff in the suit? Midland Funding LLC (Warren, MI) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No named law firm - lists 4 separate plaintiff's attorneys 3. How much are you being sued for? ~$860 4. Who is the original creditor? (if not the Plaintiff) Amazon.com -- Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Received a Summons and Complaint via mail and notice on door 6. How were you served? (Mail, In person, Notice on door) Mail and notice on door. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence 9. What state and county do you live in? Michigan, Ingham County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/13/2014 11. What is the SOL on the debt? 6 years in Michigan 12. What is the status of your case? Unsure - so far have only received the Summons and Complaint, and Order Regarding Alternate Service 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Until 4/14/16 - 28 days, as I received the Summons & Complaint by mail 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of the Midland Funding officer (not sure about the formal name for this document), bill of sale from Synchrony Bank to Midland Funding, and account activity summary/payments from Amazon.com - please see documentation they sent by following the link below. HERE IS A LINK to the Summons and Complaint/attached exhibits: https://drive.google.com/file/d/0Bx30KmII08DUVDVOcVdvY2NjVDA/view?usp=sharing Other details that may be pertinent: I have no assets or income -- currently unemployed -- and I would prefer to take care of this outside of court, if possible. What is my best course of action, here? Should I file a Motion to Compel Arbitration and request the American Arbitration Association (I've read that they’re not so fond of Midland…)? If so, if anyone has any “pre-written” or outlined documents to alter and send to Midland and my district court, I would sincerely appreciate those, as well. I welcome any other suggestions...I’m new to this and quite overwhelmed! Thank you very much for your time and assistance.
  8. Hello All! I'm looking for some advice for how to proceed with my current case. I've had amazing help over at debtorboards.com but wanted to get feedback from here as well. Here's a rundown- PRA filed suit in December, I was served in Febraury for $578.36 from WFNNB Victoria's Secret. After reading advice from debtorboards, I filed a MTC. The PA filed a opposition, and I then filed a reply. Court was today! It was ROUGH!! The PA sent some young girl and she immediately as me if I wanted to make a payment plan- NO! She says "so you deny this debt is yours"? I said "yes!" I told her only settlement was a dismissal with prejudice and she didn't reply. She continues to argue that the court uses some printout of a CC Agreement from 2009 since that was the year it was opened (because there is no Arb. Agreement). I rebuttal with the 2012 CC Agreement that shows Arbitration since it's the year that the alleged account was in good standing". The judge them starts grilling me! Treating me like a child. He asks is this your debt ? I answered "No, to the best of my recollection I paid my debt in full". He asked me again- I have the same answer. He then asks "So are you saying "you THINK this isn't your debt, or no it's not your debt". I said "No its not my debt". I argued "the PA hasn't given me any authenticated documents from the OC and have no way to prove this is my debt". He says "Why Arbitration? Do you no how much that costs you? You have to pay half? Why do that? Do a trial by judge! It's quicker, easier and free. I think that's what you should do. Arbitration takes forever". So I panic and say "ok, fine". He asks the PA if there's anymore paperwork they have that they intend to use at the trial by judge. She said no- but they haven't done Discovery yet. The judge says "it's okay. Just do an informal one, just make sure the defendant has the paperwork you intend to use". So its scheduled for May. Now I'm worried. Why was he so pushy about this? How the heck can I beat these dummies? Did I perjure myself when the Judge asked me like 4 times if it's my debt and I said no?!
  9. Hello & HELP!, I work for a medical provider and I am assisting a patient who is being harassed by a collection agency and her insurance company. Here is the breakdown: Patient had surgery in California but the Patient lives in Michigan and her Insurance company's coverage is out of Michigan. Our patient was seen and services were rendered in June 2011. We are a medical facility out of California and the patient lives and has insurance coverage out of Michigan. Our surgical center submitted an out of network claim correctly. Shortly after submitting the claim the Insurance carrier paid out the out of network claim directly to the patient for $42k who in turn forwarded the check to our office July 2011. The patient was then contacted about 3-6 months later demanding a $21k refund from the patient due to an error from the insurance carrier. In 2012 our office attempted to contact the insurance company and request necessary documents so we can look at the validity of the refund request in order to consider the refund. Months went by and the insurance carrier could not/did not provide our office with the necessary information. We fast forward to 2015 after years went by and the patient was contacted by a collection agency demanding payment. *** I am working with the patient to resole this debt. I have been researching Michigan statute laws and looking for some kind of defense or angle. I have been in contact with the collector and have sent certified mail a written debt validation request. "which they did not respond" so I then had the patient send her own request to validate the debt demanding 30 days from 2/26/16 to respond. I did note that we can try to use California collection laws due to the services were rendered in California. QUESTION: Can we apply the Borrowing statute law or does Michigan have a borrowing statute law that can help the patient by making the insurance carrier or collection agency adhere to California statutes/collection laws due to the services were originally rendered in California even though the insurance carrier is out of Michigan? Is there any other defenses or approach we can take?
  10. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe
  11. Ok! Just came back from hearing on my Motion to Compel Private /Contractual Arbitration was DENIED! After the attorney barked for 15 minutes saying I could not claim anything from a contract a denied having, the judge agreed and said she could not grant me my motion because I denied on my affidavit having an account/contract with Portfolio Recovery Associates or its "assignor" Synchrony Bank (old navy credit card). What is next? Is it to late to file MSJ to get the case dismissed? Here is some background: Being sued by Portfolio Recovery Associates (Synchrony Bank - Old Navy Credit Card) for $2.589, last paid on April 2013 (Michigan SOL is 6 years) 05/11/2015 - Summons and Complaint Filed was served end of June 2015 07/12/2015 - I answered my complaint denying ever having such account 08/28/2015 - Ordered Mediation (didn't settle as the JDB offered to take off about $300 from the amount allegedly owned) 09/28/2015 - Plaintiff filed Motion for Summary Disposition 10/05/2015 - Defendants Brief in Opposition to Plaintiff Motion for Summary Disposition filed 11/02/2015 - Hearing where judge gave me 48 hours to file Affidavit denying Plaintiff claims 11/02/2015 - Defendant filed Affidavit Denying Plaintiff's Claim 11/05/2015 - Plaintiff Motion for Summary Disposition DENIED 11/06/2015 - Defendant's Motion to Compel Private/Contractual Arbitration filed 11/30/2015 - Defendant's Motion to Compel Private / Contractual Arbitration DENIED
  12. So discovered this place a little late or else I would have nailed them for the stale affidavit and been done months ago. Here's what's happened so far. Received the complaint, it's a stale affidavit by months so I'll be sure to point that out. (Affidavit Dec 2014, Complaint written Feb 2015, Filed with the courts May 2015) Filed answer to the complaint and a request to produce. Went to court and they sent a local lawyer who had nothing. (It's visibly frustrating her.) Judge told them to produce and set a new date. They sent their own request to produce which I did not receive. Went to court and judge ordered everyone to answer requests (He's asking them for statements and what is actually owed.) Answered their request to produce, interrogatories, etc. I haven't received anything from them, neither has the courts when I checked yesterday. So I'm trying to write up my motion to dismiss and am rather lost. I found peanuts and while I can use some most of it isn't necessary for my case. So my defense is that they're trying to use a stale affidavit, which they can't do; and they have nothing to prove the account. It feels way to simple, but I might just be trying to make this more difficult then it actually is. They've proved nothing unless they decide to file everything at the court date. Then I can object, correct? Any assistance is greatly appreciated. Even just pointing me in the right direction will be a great help.
  13. My pre trial paperwork is due tomorrow and I want to make sure I filled it out correctly. Mainly the sections "issues of law" and "issues of fact"
  14. I am in the midst of litigation w/Midland. Served by PRA on 8/22. I have read and reread many of the threads.It is all sinking in. I have copied and pasted salient points, as I consider if they are of value to my responses apropos to my case. I have saved many samples from this site and refer back to numerous Michigan posters, yet I am in need of a few tips, tweeks and wisdom am searching this site for the following: Format - Looking for a straight forward Style Rules for Michigan Civil Court. Language - proper phrasing Example of Request for Documents... Any experience as a Defendant, Pro Se, as far as what was accepted or denied re: format etc @antiquedave had a great list of questions for discovery, interrogatories, etc. Would it be best to start the process with simple request for documents? So much good advice, just trying to consolidate it all and work each step, step by step.
  15. I have received on summond 2/24/15 from LVNV FUNDING C/O STENGER & STENGER Kent county Michigan AMOUNT 746.95 for a credit card debt from CREDIT ONE BANK EXHIBIT A Plaintiff affidavit signed by Matt Summers Exhibit B Photo copy or print out "account statement" prepared by jds Lvnv. I have not yet sent my answer because i was wondering how to do the motion to strike the affidavit. also i havent received the summons from portfolio yet ,and cant find it online. But I received a letter from a lawyer stating i was being sued 63 district court my portfolio. I heard sometimes they do not send a summons so they can get a default. please help i dont want to file bankruptcy if i dont have to. scared they will take my car or something. please help cant afford to be garnished head of household low income family
  16. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.
  17. I am being sued and have spent the last two weeks doing research. I have attached my answer but need advice! Is it too much Some basics: SOL is not violated No known FDCPA Violations No affidavit attached to summons Exhibits: plain white paper copy of purchased date with acct and contract date and last pay date HSBC account balance name and last 4 of my social but looks like I typed it (unofficial) Assignment and bill of sale with signature of Capital One (notice its wrong bank) but no account numbers either way . Who is the named plaintiff in the suit? Cavalry 2. What is the name of the law firm handling the suit? Roosen... 3. How much are you being sued for? 3XXX 4. Who is the original creditor? HSBC... however they sent capital one assignment bill of sale and schedule one with no account info 5. How do you know you are being sued? served legitimately 6. How were you served? in person 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? MI 10. When is the last time you paid on this account? statement with black out address is dated Nov 2011, 11. What is the SOL on the debt? To find out: No SOL violation Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. NO 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Due Monday Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
  18. I just received a letter here in MI again. This time it's from a Lawyer in Novi. Along with every new letter comes dozens of new questions. I was thinking I had a handle on this JDBing thing but there I go thinking again. (When will I ever learn?) The letter states that SYNCHRONY BANK owns the debt now. Here's my confusion, GE Capital owned it (OC), someone else owned it from TX, PRA owned it, btw:PRA took me to court and lost, now I get a letter saying that Synchrony Bank owns it. Well, needless to say, I'm confused. The letter was sent by a Lawyer, this is not a summon & complaint from the courts, just a letter telling me I owe them money. And just a letter too. OC is noted - Amount is noted - New owner is noted. All the pertinent information has been included. I've written a letter back requesting validation, proof of license to do business in MI and Proper Chain of Title. I'm hoping the strongly worded response letter shows them that I'm a fighter when it comes to JDBs. Maybe I can scare them off. If anyone has any other recommendations for me, let me know, I will be sending the letter out Monday the 21st.
  19. I'm being served again on another ID theft Credit Card by the same stupid Lawyer. I won last time but they didn't learn anything and are now filing another Summons and Complaint on me. I want to stick it to them this time by filing a counterclaim for lost wages and other costs that I couldn't get last time because I didn't know how to file it. This time, with your help, I hope to stick it to them. Any suggestions/guidance would be appreciated. I will be posting the specifics of the suit as I get them. Thanks, Lostboy
  20. Looking for recommendations on what to do. My spouse foolishly signed a complaint against her for $2500 or so without looking into what she should do first. She has no job, no income and absolutely no prospect for work. The lawyer that file the complaint against her knows she is judgment proof but has attempted to take my state tax return for the last three years. As my wife has no income, the tax return was awarded to me. But now I believe the lawyer is going to attempt to take our (my) checking and savings account monies because her name is on the accounts. Any suggestions as to what I can/should do?
  21. 1. Who is the named plaintiff in the suit? Lvnv Funding LLC 2. What is the name of the law firm handling the suit? Stenger & Stenger 3. How much are you being sued for? 900$ 4. Who is the original creditor? (if not the Plaintiff) (world Financial Network National Bank) 5. How do you know you are being sued? (You were served, right?) Physically served at work 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) within limits still 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). suit served? 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. I never knew they were trying to serve me. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 21 days. Count 1) Breach of Contract. Count 2) Account Stated 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit (exhibit A) And a cheaply computer generated "account Statement" (exhibit B ) (looks like something any person could type up in MS Office)
  22. Howdy, gang! I'm hoping someone can help walk me through the next steps of my fight against Midland Funding here in Michigan. Background So far, we were served the complaint with only an affidavit attached, filed our answers, and went to pretrial. The judge provided time for discovery, ordered mediation, and set a trial date. Today, we received a packed in the mail that includes a Proof of Service, Plaintiff's First Request for Admissions, Plaintiff's First Set of Interrogatories, Plaintiff's First Request for Production of Documents, Plaintiff's Witness List, and Plaintiff's Exhibit List. Attached is a "Bill of Sale, Assignment and Assumption Agreement", "Card Agreement", and "Field Data" (data printout of account number, last payment date, name, SSN, amounts, etc). The Bill of Sale does not include specifics about the account, addresses, names, etc. It's a generic "We're the bank, you're the JDB, and we give you rights to the accounts in a section of the Agreement". From what I gather, I should push them to provide the actual agreement to prove they have standing to bring the case. Where I'm Lost There is a lot of information here and in other threads and honestly, I'm a little overwhelmed by it all. As such, I'm not really sure what I need to do next. The logical thing to me seems to get my request for discovery out, wait the 28 days, and then file a Motion to Dismiss based on them not providing any information that shows the account is mine. Though, I think I'm also reading that I should file that first, just to get the ball rolling and force their hand since they won't likely respond to the discovery with anything meaningful anyhow. My Question There's so much information to absorb on this boards and I've been reading page after page after page of well worded information, but I can't seem to get where my particular path should take me. Do I request discovery, wait, then file my motion? Do both in parallel? Reverse the order? Is there another option I should be pushing for at this stage? Sorry if this was a long read, or if I'm breaking any rules/guidelines around these posts. My brain is going a thousand miles a minute right now trying to soak in so much information, I just need a little light to show me the way. Edit - Found the "Answer these questions..." post, so I didn't want to break any forum ediqute by not filling it out. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (Too Specific) 3. How much are you being sued for? ~$2,000 4. Who is the original creditor? (National Credit Card Company) 5. How do you know you are being sued? Served with a complaint 6. How were you served? Mail and in-person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Michigan, Wayne County 10. When is the last time you paid on this account? Unknown, no documents, but suggested date implies 4-5 years 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Complaint > Defendant Answers > Notice of Pretrial > Pretrial > Mediation and Trial dates set 13. Have you disputed the debt with the credit bureaus? No (Unaware of until the suit) 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Already have, will need to post specific charges later (keeps to lockbox left at work) 16. What evidence did they send with the summons? The complaint only had an affidavit, post pretrial documents include non specific bill of sale, cardholder agreement, and account printout.
  23. Hello everyone, I am being sued for CC debt by Midland and need some help (even after reading bmc100's thread and tons others), it mostly pertains to the answer. I want to thank you in advance for your help! I would love to put together a form for every step of my Michigan suit, so others could simply enter their information and tune some of the responses to their particular case. Hopefully that would lift some burden off anyone sued in the future. I have attached the entire complaint (edited of course) and listed a google drive location below where you can view it Link: Removed until fully edited Basically I'm not sure if this is account stated or breach of contract. I'm leaning towards breach of contract, but I'm not sure. Complaint: 1. The plaintiff is the owner of the within credit card account through Purchase, bearing account number XXXXX. 2. By use of the account, the defendant became bound by the terms in the credit card agreement. The existence is established in the exhibit attached hereto as Exhibit A. 3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff. 4. That there is now due and owing to the plaintiff by the defendant, the sum of $1500ish on said credit card agreement. 5. Although demand has been made upon the defendant to liquidate the balance due and owing, the defendant failed to do so. I don't see an affidavit in here dated even close to the summons date. If none, do I file a MTD or MSJ? I’d like to just get a PTD at a reasonable price so it is removed from reporting. If it is breach of contract, did they need to attach the contract? They one have the front and back of a statement! If it is account stated, Here are my current Answers and Defenses: 1. Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account." 2. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 3. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 4. Denied: This request calls for admission of matter defendant has denied and thus it is improper. 5. Denied: This request calls for admission of matter defendant has denied and thus it is improper. AFFIRMATIVE DEFENSES (Should I use this? Do I need to list a defense for each complaint item?) As and for a Defense The plaintiff has failed to provide legal evidence that they are legally entitled to collect the debt. I will add the certificate of service. If it is Breach of Contract, I really haven't seen any answers. So i could use some help. Questions Summarized Breach of contract or Account Stated? ACCOUNT STATED Is there an affidavit? NO Should I file an Answer, MSD, or MSJ? Is my answer good and complete? Or should I just use an Affirmative Defense? Should I attach an affidavit? 1. Who is the named plaintiff in the suit? Midland Fundling LLC 2. What is the name of the law firm handling the suit? Weltman 3. How much are you being sued for? $1500ish 4. Who is the original creditor? Midland Fundling LLC 5. How do you know you are being sued? Summons 6. How were you served? In person, at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence with the plantiff before you think you were being sued? Calls I think, but I'm not sure. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? I don't recall 11. What is the SOL on the debt? SOL is 6 years I think, the debt is not older than 3 years. 12. What is the status of your case? Suit served? Motions filed? I have until Friday to file an answer o MTD. 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? I have until Friday to file an answer or MTD. 16. What evidence did they send with the summons? The entire complaint is on a google drive that is viewable in PDF here: Removed until fully edited Again, I thank all of you in advance for your help and comments. I apologize if there is a thread that I missed, I have been searching this site for a little over 2 weeks.