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  1. Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included the questionnaire below but am including my general inquiries here to get right down to it. So, first things first, I wasn't personally served with the summons, my father received the summons and complaint for the suit since I wasn't home at the time, so I believe that means I have 30 days to file an answer. I set an appointment to file my answer for tomorrow morning but I will be pushing that back to give myself more time to be more informed and see if I should file the motion to compel in order to begin the arbitration process instead. I was using LawHelpNY to formulate my answer and, during the walkthrough, was asked about how I was served and, apparently, I was supposed to receive a mailed copy of the summons in the mail since it wasn't given to me directly, but haven't received anything like that. It said I wasn't served properly as a result, so, just for clarification, does that mean I can claim I wasn't served correctly in my answer? Would it be correct to claim that even? Aside from that, I wanted some insight into what else to include in my answer. I wonder if a straight denial is out the question, or should I dispute specific allegations within the complaint? I can claim three things to be true as far as the allegations are considered: my name and address are correct, I recognize Lending Club as the original creditor, and the transaction took place in NY. So, if I proceed to claim lack of knowledge for the other allegations, do I have to defend why that is? For the most part, I am not sure what the amount left to be paid was for the loan, nor do I recall the account number, and I've seen that I could claim lack of standing because I've never directly done business with Velocity Investments themselves. Is that the case here? Could I claim lack of standing with Velocity? That's where my confusion lies with this truth vs. denial business. Any light that can be shed in how I can formulate my answer would be tremendous help for me, I would so appreciate it. I just don't want to screw anything up and get ahead of myself here. As for arbitration, is it really the best route to take? (I pasted the arbitration agreement I could dig from LC below for reference.) It's incredibly intimidating to me, so I'm wondering, if I go down this road, do I have to hire a lawyer? I'm unrepresented at this point in time, but I've consulted 2 different lawyers, but they told me what I already know through my google searching, so not sure if I should really bother with one at this point. Of course, it'll be beneficial but I'm unemployed at the moment and strapped for cash, which is why I'm even considering arbitration to begin with because I don't think I can settle, so I really don't have the means for a lawyer right now. Also, would it be worth to try to negotiate and reach out to them to see if something can be done? Will that need to happen before I file my answer and/or MTC? And any guidance as to what to include in my MTC and how to draft it (as per NY rules) would mean the world to me! I'm incredibly sorry for the long post, but I wanted to be thorough here, so, if you made it this far, you're a saint, thank you! I appreciate any and all responses, thanks for taking the time to help me out! I appreciate it so much! ___________________________________________________________________ 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Malen & Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Lending Club 5. How do you know you are being sued? (You were served, right?) My father gave me the summons that was delivered. 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 that I'm aware of 9. What state and county do you live in? NY, Orange County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2017 12. What is the SOL on the debt? To find out: 6 years 13. 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). It just says Pre-RJI on the court site 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Through a credit repair agency earlier this year, yes 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, not personally, but I don't know if the credit repair agency I worked with did this. 16. 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? 30 days, included copy of S+C below; No questionnaire included. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. 18. How did you find out about this site? Google ------- Arbitration Agreement: 21. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If you are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out of or take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of section 21(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Lending Club Corporation, 71 Stevenson St., Suite 300, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or Lending Club; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence of section 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. S+C (Velocity)_Redacted.pdf
  2. Greetings! I need assistance answering a summons to a suit filed against my husband by Asset Acceptance LLC and Fulton, Fieldman..etc. We talked to an attorney who said that he could do it for us and fight the entire thing for $1200. He said that the attorney that is working for Asset Acceptance is very overwhelmed and that he could almost guarantee that we would win. Were also meeting with a bankruptcy attorney early next week to see if filing would be in our best interest to avoid any further suits by JDB. All I need is more time to navigate this. My goal is to answer the summons on Monday and at least buy us some more time. I just dont know where to start. They listed common counts as their course of action in the papers. Any advice would be great appreciated! Were in California too! Thank you!!!
  3. I read through the posting guidelines for something like this, so here goes... 1. Who is the named plaintiff in the suit? SJMC Hospital (not a collections agency) 2. What is the name of the law firm handling the suit? Law firm in Lansing, MI 3. How much are you being sued for? $1800 4. Who is the original creditor? Plaintiff is OC 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? For 5 months I had a payment plan in place with their collections arm. I stopped the payment plan (with their permission) to overcome a reduction in income, increased expenses and an unexpected IRS bill. The plan stoppage was understood to be temporary, though admittedly it's been 6 months since I last paid and things have only gotten worse. 9. What state and county do you live in? Livingston County, MI 10. When is the last time you paid on this account? February, 2012 11. What is the SOL on the debt? To find out: N/A 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). Served, received summons and complaint. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Partially. 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. Yes. 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? I have 10 days. I've never been sued before, so right after service I set the summons aside because the first date I saw on the paperwork was that the summons expired at the end of October. Fortunately I looked it up a little later and found I only have 21 days. I did not receive a questionnaire with the lawsuit. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The evidence I received was an itemization of accounts that had my name, account number, service date and amount owed. It isn't really on letterhead, just the hospital's name printed in the same font/point size as everything else. In the complaint they state there is exhibit B, which is supposed to be an affidavit, but the only other thing attached is a notarized statement from the attorney that says I'm "justly indebted upon open account to the Plaintiff..." It is written as if the attorney says I'm indebted, not the hospital. The complaint reads like this... 1. Plaintiff sold and delivered certain goods to defendant or performed certain services for defendant upon open account, upon the promise of the defendant to pay for same. 2. There is now due and unpaid upon said account the principal sum of $1800 3. The account has become stated between the parties as shown by a copy of said account attached hereto as Plaintiff's Exhibit A. Also attached hereto as Plaintiff's Exhibit B is an Affidavit verifying said account. 4. Although demand has been made, Defendant has failed and neglected to satisfy the indebtedness presently due. Wherefore, Plaintiff requests entry of judgment against the defendant(s) in the principal amount of $1800 plus court costs and statutory attorney fees. ====== So what is the best way to answer this? I spoke with an attorney briefly on this today (not sure it make sense to hire one) and he said deny everything and let it go to court. I'm afraid of owing a whole lot more than this original $1800 if I do that? Thank you in advance for all your help!! This forum has served a lot of interesting information up to this point.
  4. When answering a summons with an affidavit do they have to be filed at the same time? My husband is the one who is being sued and he needs to sign the affidavit but he leaves for work at 6:30am and usually doesn't get home until after 6pm and I am leaving out of town for a funeral and was wondering if it can wait until next week? Thanks
  5. I had posted this in the wrong place earlier. I am answering a summons and Plaintiff is named as (Large Credit Card Provider). I called this LCCP ( I know pretty arrogant to create my own acronym) and they definitely sold it. Sorry, I am going to cut and paste my original post: It's been awhile, but I return, hat in hand so to speak, to ask this question. I have received a "complaint for money due". The complaint names a major credit card company as the plaintiff and is represented by, as near as I can tell a JDB/Law firm here in NM. I contacted the CC issuer. The robo voice on the other end said "(name of issuer) no longer handles or has access to this account it is being handled by ( a large national CA/lawfirm but not the one named in my complaint. I have read and reread admin's and others comments re:"who really is the plaintiff here". It is apparently not the CC issuer. In answering this complaint should I: 1) Tip my hand that I know the JDB/Law firm is lying about who the plaintiff is, when it is in fact the JDB/Law firm named on the complaint? 2) Just answer the complaint on its own merit? I have no other correspondence from the JDB so I have not dv'd them. Thanks
  6. Been fly~n~by the seat of my pants since answering a summons . I wanted first off to say I appreciate your input. Just a little background. Never been sued before. $xxxxxx AMENDED ANSWER OF THE DEFENDANT OF PLAINTIFF CLAIM OF COMPLAINT Defendant,xxxxxxxxx, appearing pro se, for its reply to the Complaint naming xxxxx., Plaintiff, as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. ANSWERS TO COUNT 1 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 2. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 3. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 4. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint . ANSWERS TO COUNT 2 1.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 3. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 4.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 5.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. 6.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint. Defense . No affidavit regarding any alleged verification of any alleged debt. The defective validation of the alleged debt,was rubber stamped on each page "THIS IS A COMMUNICATION FROM A DEBT COLLECTOR"
  7. I hope someone knows how this works in Michigan. I have been reading the chapter 2 civil procedures over and over and having a hard time understanding what is happening here. I received a summons and complaint in early April from an attorney representing a credit card company. I actually hired an attorney in the same city of the opposing attorney to negotiate and help me with the answer to the summons and complaint in early April. Last Friday I received in a 2 day priority postal package a notice of hearing and a "Plaintiff's Motion for summary disposition and for judgment on the complaint". I spoke with the attorney and we talked about what I would negotiate for and claiming bankruptcy(I am not sure he is doing a good job). He never told me what to do next so I did not panic at that moment. I don't think it is necessary to claim bankruptcy. I don't want to mess this up. I don't think I should have to pay the abusive penalties, fees and usurious interest rates now considered illegal by the new credit card act. I have been researching for about a week on how to answer this and called the self-help center 2 days ago. I called to find out about sitting in on similar trials and what my next step should be after answering a summons and complaint and receiving the above package. Again this package contained a "Notice of Hearing scheduled next month" and a separate "Plaintiff's Motion for Summary Disposition and for Judgement on the Complaint" as well as another package of paper stapled together called "brief in support of plaintiff's motion for summary disposition and for judgment on the complaint" I thought after reading everything I understood this as having to get my answer in 7 days prior to the Notice of Hearing. This is where I am having a panic attack. The courthouse self help lady left me a message today in a panic voice telling me to hurry up and get my objection in asap. I got the message today (Friday) after 5:00 pm and now I am sick to my stomach. I am embarrassed to say I am a huge newbie to the court system and never gave it a passing thought until now. It is nearly impossible to understand what is going on in such a short time frame. Can someone explain to me what the next step in Michigan is? Can the Notice of Hearing titled "Plaintiff's Motion for Summary Disposition shall be brought on hearing on Monday............." (to be held later next month) be canceled and a judgment just made anytime?
  8. I have received a summons to pay a debt on a credit card. The summons comes from the 3rd set of lawyers that say they are the lawyers representing the credit card co. They are legitimate lawyers in MASS. Of the 3 sets of lawyers that have contacted me since June, 2011 (when the debt was charged off), only one of them got the right account # for the credit card. The account number on my credit report is NOT the same as the credit card I currently have. I think it may have been the very original credit card number on this account, which has changed 3 times over a 6 year period. The correspondence in letters from the current set of lawyers (who also served the summons) has had the wrong (or old) number in all of them. They also checked my credit report without my knowledge (shows up on credit report with Experian) and they repeatedly called a relative of mine in Ohio and said they were trying to collect a debt I owed. The number they left on their phone would answer and put them on hold, but never give them a chance to get their number off their list. I sent them a written letter telling them they were in violation of the law and to stop calling that number. They have stopped calling them. So, my question is, in my Answer to their Summons, can I mention: 1) that I do not currently have a credit card with the number they were contacting me about (there is NO account number in the summons, only the debt amount (the number they were using IS on my credit report and states that it was opened in 2005. I do not have records of that number, but I did open an account then. I only have a record of the subsequent 2 numbers that were on the account.) 2) that they violated my privacy by calling a relative saying they were trying to collect a debt I owed to them 3) that I am over 60, have no money saved, own no assets, and live off a small part-time job and social security which cannot be garnished. 4) That they have not provided me with any proof of the debt I owe for that particular credit card account number nor any proof that they are actually lawyers representing the creditor--since I've had 3 different sets contact me. The most recent correspondence from the creditor to me about a debt has the newer credit card number, not the very old one that the lawyers are using. Also, I did sent them (the latest set of lawyers) back one letter stating that I could possibly make $35 / mo payments on a balance of $2000 (not $9500 is in the summons). But I did not sign the letter they sent back because it had the word " judgment" in it and it also had interest charges in it. I would be 84 years old before I could pay off that much money! When I did not respond to that latest letter from them, they served me with a Summons. Please advise which points would be valid for me to include in my answer. Also, is it a good idea to put in a motion for an "Enlargement of Time"...until I can research this more? Thanks so much to whoever can help me. I only have about 10 days left of the 20 to give an answer.
  9. Due to Michigan having specific and unusual requirements for answering a summons and complaint, I thought I'd start a thread to address these specific issues. DISCLAIMER: Please remember, this is ONLY for information that relates to MICHIGAN! For other states, YMMV and this thread do not constitute the "end all-be all" to submitting answers in ANY state! Laws and rules change, so be sure to do your own research, or consult with an attorney. I could be making this up for all you know!!! Do you live in Michigan? Have you just been served a "Summons and Complaint"? Wondering how you should respond and answer this complaint? Hopefully this thread will help you research how to answer your complaint. One procedural rule a defendant in Michigan should be aware of is Rule 2.115 "Motion to Correct or to Strike Pleadings". Rule 2.115 states: "Rule 2.115 Motion to Correct or to Strike Pleadings (A) Motion for More Definite Statement. If a pleading is so vague or ambiguous that it fails to comply with the requirements of these rules, an opposing party may move for a more definite statement before filing a responsive pleading. The motion must point out the defects complained of and the details desired. If the motion is granted and is not obeyed within 14 days after notice of the order, or within such other time as the court may set, the court may strike the pleading to which the motion was directed or enter an order it deems just. ( Motion to Strike. On motion by a party or on the court's own initiative, the court may strike from a pleading redundant, immaterial, impertinent, scandalous, or indecent matter, or may strike all or part of a pleading not drawn in conformity with these rules." Chapter 1. General Provisions Did you catch that (the bolded part)? "An opposing party" --usually known as the defendant (aka: the debtor/YOU!)--"may move for a more definite statement"--meaning you can ask them to clarify what the claims in the suit are--"before filing a responsive pleading."--and there's the timeline of when it must be filed, which is BEFORE you submit your ANSWER to the court!! So basically if you want to file a "Motion for a More Definitive Statement", you MUST do it BEFORE you file your answer! Now, this thread is not to debate, discuss, or otherwise list the whys and wherefores that someone might need to file such a motion. Please do not hijack this thread on this topic. If you feel the need to discuss or have questions about this motion please see these other two threads that are already active on this subject: http://www.creditinfocenter.com/forums/there-lawyer-house/310289-motion-more-definite-statement.html http://www.creditinfocenter.com/forums/there-lawyer-house/309751-motion-more-definite-statement-before-answering-worked-great-me-oh.html NOW!! On to the subject of "Answering a Summons and Complaint in Michigan"
  10. Hello, I was served papers: Nelson and Kennard representing Razor Capital. I have requested several times for them to prove to me that they own the loan and that I would be happy to pay them. They have not shown me anything. So now here I sit with the court papers. I have to file an answer but I have no clue on how to fill out the PLD-C-010 or if I should even use this form. Everytime I talk to someone they end up being a lawyer who wants me to hire them for my case. I don't have the money for that nor do I have the money to give Razor Capital... Any help would be greatly appreciated. Lynnea, California
  11. Alaska. Answering a summons, have 20 days. (15 left) It came in certified mail. The return address is the address for the Law Firm representing CapOne. The summons is from the district court. signed by a local Deputy Clerk and has some type of an embossed seal. It has a case #. It says who the magistrate is assigned to the case. There is also another paper challenging the assignment of the judge (magistrate) by the plaintiffs attorney. (represented by a firm in Anchorage. Routh Crabtree, apc) It appears to be a real summons. Plaintiff: CapOne Bank(USA) N.A. vs. Defendant (Me) This is whats on the complaint: 1. CapOne a nat. banking assoc. not doing biz within the state of AK. as defined in AS 10.06.718 2. (Me), a resident of xxxxx, AK. 3. Defendant opened and used a credit acct. with CapOne. Now in default under terms of credit agreement. 4. Defendant enjoyed benefit of account (xxxxxxxxxxxxxxxx) but has failed to make necessary payments. (I stopped paying about 2 yrs ago.) A copy of agreement is attatched as Exhibit 1. 5. Defendant owes $1506.78 for goods services received from plaintiff as of july 18,2009 along with interest at the rate of 23.15% as shown in account statement referenced as Exhibit 2 6. Demand for payment has been made upon defendant, but defendant has refused to pay. Wherefore, Plaintiff requests judgement: 1.awarded the sum of $1506.78 2.awarded interest accruing at the rate of 23.15% per annum from and after july 18, 2009. 3.awarded its costs and disbursements incurred in this action. 4.awarded statutory or reasonable attorney's fees incurred in this action. 5.awarded such further and additiional relief as deemed just or appropriate by the court. Exhibit 1- page 1 and 2 are the 2005 customer agreement. page 3 is the arbitration agreement. Exhibit 2 is a half page printout titled: capital one cycle facsimile report. acct and card number balance, min payment, late fee, etc. bottom is two trandate from 7/13/2009 past due fee and 7/18/2009 over limit fee. any help or guidance would be greatly appreciated.
  12. Ive been saving up funds to file Ch.7, but now I have been served with a summons and complaint from (Hunt & Henriques) acting on Citibank's behalf for an account I stopped paying late last year. I understand I need to file an answer. What do I say on the answer? that my intentions are to file Ch.7 or do I have to state anything other than I am answering. I am in Los Angeles county, California. When I look up the case online it says: Future Hearings 01/10/2011 at 08:30 AM in department 2 at XXXXXXX Courthouse. OSC - 3.740 COLLECTIONS-PROOF OF SERVICE When I look on my paperwork, no date is stated. Just says to respond within 30 days. Thanks for your help in advance.
  13. I was served on April 12 and need to file and answer by May 6th. I am being sued by First Resolution Investment Corporation for $3,387.65. along with the complaint came an affidavit signed by an employee of the JDB, and also a statement of account(exhibit A). The statement of account is extremely vague...just has a statement date, account number, charge-off date, balance due, and interest caluculated. There are no signatures on it, just something First Resolution Management typed up. I have to file an "answer under simplified civil procedure" and I am not sure what to even say. It just states: The defendant, answer the complaint as follows: 1.The amount of damages claimed to be due to the plaintiff by the complaint in this action is not due and owing for the following reasons: I guess I am just confused on whether I mention the affidavit and exhibit in my answer..and if so what do I say. I want to file a motion to strike affidavit later. It is in the SOL, so I cant say that. Just not sure how to take this first step. Any help would be greatly appreciated. I have had much sleep this past 2 weeks. thank you!!!
  14. This is my first post and I apologize for it being a lengthy one, but I need as much help as possible. I need to file an answer to a summons and complaint I received within 21 days - the clock starting ticking yesterday. I'll post the complaint in my next post. 1. Who is suing you? Unifund CCR Partners 2. For how much? ~$4900.00 + 5% interest retroactive from 12/2006 + court costs and interest from date complaint filed at 5% 3. Who is the original creditor? Chase Bank 4. How do you know you are being sued? Received summons and complaint 5. How were you served? Were you served? In person by a court officer 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? Michigan 8. When is the last time you paid on this account? Approx. June 2006 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Unsure 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No. 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? I have 21 days to file an answer with the court or to take other lawful action with the court. The complaint was received by the court on 08-07-2009 but it was not served to me until 10-06-2009 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? An affidavit and a copy of the cardmember agreement (neither one contains a signature) 14. What is the SOL on the debt? 6 years
  15. Hi all. This is my first post on this site and I am looking for some last minute advice. I've spent as much time as I could trying to research this but its a little overwhelming. I am in the 8th district in Illinois and I am answering a summons tommorow afternoon. I have been told that I will only being asked if I accept or deny the charges and that I didn't have to file a formal answer to the complaint. Is this correct? Have I screwed up? If so whats next? An exchange of discovery requests? How do I go about this? The plantiff listed is Discover Card represented by Weltman, Weinberg and Reis. I asked for debt validation a few months ago and their response is 4 years of reprinted statements. The first 2 of which have an incorrect address on them. Its my current address, but I have only lived here for about the last 2 years not all 4 of them. I read somewhere that's a big mistake on their behalf. Seems to me that would be considered fabricated evidence. Secondly they sent a copy of the user agreement that does not have my signature. I know that this is VERY last minute but I would greatly appreciate any advice that anyone could give me. Thank you in advance
  16. After answering a summons and complaint from a collection attorney. I received their interogatories and then within a couple of days a letter stating they reviwed our answer to the complaint and would like to discuss the case to discuss a possible settlement. In our answer to the original complaint we answered that we should have the case dismissed because we felt it was time barred and also they hadnt proven that they in fact had any legal right to collect this debt. A court date was set. it's in camden county Nj and when i called the court clerk they told me that they just automatically set a court date and it really doesnt matter if in your answer you request dismissal. Any advice on how to proceed since they sent the letter to call them for a settlement. i know i will have to still answer the interogatories, but I'm not sure how or what to do if anything about their letter. would this be a time to ask them to validate this debt and file a motion to dismiss based on this being time barred and no documents have been provided to show any facts by them thanks in advance for any info you can help me with
  17. I am answering a summons me and my hubby received ( he was an authorized user we believe before we got married). Sadly this is my second Summons and thanks to this amazing forum I am getting my credit in order and hoping to win the 1st next month. My question is this Summons seems more complicated than the last this has " General Allegations,First, Second & Third Causes all followed by atleast 3-4 allegations under them ( 26 in total). when i deny them all i should all 1-26, not jus the Causes right? And its not off that there is no date set yet correct? Thanks Again,i hope i was as clear as posssible!!!
  18. I received a summons in the mail on 3/21/09 from the Circuit Court on behalf of FIA Card Services. I need to file an answer within 20 days. Is there a general outline I can follow to answer the summons properly? If I loose, can they take my house? I lost my job, husband left and live on alimony. A couple of friends moved in to help, can they take their stuff if I get a judgement against me?
  19. I received a summons for a debt that is beyond the SOL in my state (Connecticut/6 years) I know I need to answer it (by 12/09/08) and I've been reading the boards all day but still don't totally understand how. The first page is a standard form and then attached is: RET: DECEMBER 09, 2008 : SUPERIOR COURT xxx vs ME COMPLAINT 1. On or before August 02, 2007 the defendant became indebted to the plaintiff in the sum of $5,092.40 for reasonable and necessary medical services rendered to ME 2. Despite demand the balance of $5,092.40 remains wholly unpaid and the defendant has failed and continues to fail to make payment. 3. Plaintiff claims statutory interest on the balance due. Notice is hereby given to the defendant that the plaintiff intends to seek satisfaction of any judgement rendered in the plaintiff's favor in this action from any debt accruing to the defendant by reason of the defendant's personal services. Statement of amount in demand The amount, legal interest, or property in demand, exclusive of interest and costs, is greater than $5,000.00 but less than $15,000. The remedy sought is based upon an express or implied promise to pay a definite sum. The plaintiff claims; 1. Money damages; 2. Statutory interest; and 3. Cost of suit. As far as I can figure out, the debt was purchased by a 'junk debt collector' The sol began 07/02 and my state has a 6 year SOL. I realized I need to go to the clerk and file and answer but I don't know if I'm supposed to type something up or if they have a generic form or... I've read through my states site (www.jud.state.ct.us) and they do have forms but none that apply. Any help anyone can offer would be greatly appreciated and I thank you for reading. Should I also be sending a letter to the Debt collector asking for validation or is there no point in that now? Adding: 1. Who is suing you? collection agency howard lee schiff 2. For how much? 5092.40 plus interest and court fees 3. Who is the original creditor? hospital 4. How do you know you are being sued? received a summons on my door 5. How were you served? Were you served? left on my door 6. What was your correspondence (if any) with the people suing you before you think you were being sued? they called and sent letters but I never responded/answered 7. Where do you live? CT 8. When is the last time you paid on this account? NA 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. no (but that answers one of my questions!) 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Yes it does require a response and no I did not receive a questionnaire 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Just what I typed above
  20. I answered a summons last week from a JDB. Thanks for your help. What happens next and/or what should I do? Should I just wait for a court date or should I try to get it dismissed? crash4
  21. I was recently sued by a "debt buyer" in Michigan. I answered the summons within the 21 days, so from what I've read the next step is to ask for discovery from the plaintiff. Could anyone advise me on how to do this? Also is there default questions I should ask and paperwork I need to request? I have a feeling the plaintiffs attorney will not be able to validate the debt because of it's age so this may be the best way for them to dismiss the lawsuit. If this question has already been answered for Michigan courts, could you please respond with the link.. Thanks!
  22. Hi there, I would like a review of my wifes answer to a summons. A little background... The summons was one page and only stated ..breach of contract in the amount of $xxxx.xx plus interest and legal fees And that was it, one page with a few lines other than case #, plaintiff and defendant. There were no allegations listed I had a consultation with Kristy of this site and said I should do a answer and a motion to dismiss due to improper venue. I will post that in a diff. thread. Here is what I have for the Answer, please advise if this is good enough or if I should change any of the language. Obviously, I deleted any personal info related to the case. Answer to a Summons Collectio Agency, LLC Plaintiff Vs. My Beautiful wiFe Defendant xxxxxxxxxxx answers the complaint by stating and showing that: 1. There is insufficient evidence to affirm or deny the complaint and demand strict proof. AS AND FOR AFFIRMATIVE DEFENSES 2. Plaintiff fails to state a cause of action against the defendant. 3. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action. 4. The action is barred by the Statute of Frauds. 5. The action is barred by the Statute of Limitations. 6. The court would unjustly enrich the plaintiff by granting the relief sought herein. WHEREFORE, the defendant asks the Court for judgment: a. dismissing the complaint herein, b. such other and different relief as the Court finds proper. Thanks in advance!
  23. I have learned through internet means that I recently had an alias summons issed on me for a debt that meets dismissal under SOL. #1 - How do you answer a summons or complaint when you never recievd it? (I don't want it to go to an automatic judgement) # 2 - Assuming I get a copy of the complaint - Would a standard Motion for Dismissal solve this? # 3 - I have no contact info for the filing Attorney - should I go through the CC Company and try to get this resolved? I guess I need help with ''how to approach this''
  24. I am answering a summons to a citation in a day or so. NCO is suing me over an account they bought from MBNA. They already had their side heard by the NAF which ruled that I did owe them money. I got a call from NCO today. I'm almost sure they might want to settle. I didn't call them back though b/c I've heard that talking to a ca is usually a bad idea. I also didn't want to risk being recorded. In my answer I'm denying that I owe NCO the debt. That was the main reason I didn't want to make the call today. If I made the call, then I would basically be admitting that I do owe them money. By doing that, couldn't I get in trouble by denying it in my answer? I also am pretty sure that whatever settlement they want; they want now. I'm still trying to find a way to come up w/ the amount I owe and I don't want them to use any info I give them against me. So should I call now or wait and see if there is any way I can come up w/ the money (which is unlikely but I'm going to keep trying) and then deal w/ them once I have the amount they would probably want immediately? Thanks for any input.
  25. When answering a summons, is it necessary to state which source you are using for your defenses and claims? By sources I mean case law and state or federal statutes. In your answer would you say plaintiff does not have jurisdiction and along w/ that statement would you put the name of the case that is supporting your claim? What if you don't cite a certain law or case in your answer but you find it after you file the claim and want to use it to supplement in any subsequent proceedings or in your appeal? Thanks for any advice.
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