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I provided the State of Michigan court (e.g., state district court) with an answer to a complaint brought against me by Midland Credit Management LLC. The answer to the complaint also stated my affirmative defenses which were: (1) Stale Affidavit pursuant to MCL 600.2145. I am relying on this affirmative defense because the affidavits provided by the plaintiff were over 200 days old which is beyond the 10 day timeframe in the state of Michigan pursuant to MCL 600.2145. (2) Arbitration Agreement Bars Bringing Suit. I am relying on this affirmative defense because after looking over the credit card agreement from the card issuer who sold the debt to Midland Credit Management LLC I noticed in the card agreement that there is an arbitration provision. I provided a copy of this agreement via Exhibit along with the answer to the complaint and affirmative defenses. (3) Failure to Establish a Claim for Breach of Contract. I am now waiting to have a pretrial conference in a week and wanted to know which of of the following should I file: (#1) Motion to Dismiss [or] (#2) Motion for Summary Judgment? The reason I am confused is because I read this https://get.courtroom5.com/the-motion-to-dismiss-or-the-motion-for-summary-judgment-know-the-difference/ article about the differences between motions to dismiss versus motions for summary judgment and when it is best to use one versus the other and I am in need of further clarification so that I can prepare things.
I just got sent this article by another attorney. http://finance.yahoo.com/news/2-americas-largest-debt-collectors-194552315.html
Recent Court of Appeals decision overturning Midland class action lawsuit settlement gives new opportunity to Georgia consumers affected by Midland Funding's filing of false robo-signed affidavits in debt collection lawsuits. You've probably heard about the Midland Funding class action lawsuits regarding robo-signed affidavits used in lawsuits against consumers, right? Well, a Court of Appeals recently decided that the settlement with Midland and its parent company, Encore Capital, was unfair and overturned the approval of the class settlement. The proposed settlement would have basically let Midland/Encore off with a slap on the wrist and an insulting $20 to each class member affected by the false affidavits. To read the Sixth Circuit opinion overturning the approval of the settlement, go here http://caveatemptorblog.com/files/2013/02/13a0050p-061.pdf This recent decision gives those Georgians who were sued during the dates of March 2010 and March 2011 where one of those false affidavits was filed an opportunity to stand up to Midland Funding, Midland Credit Management, and Encore Capital. Before, the class action could have extinguished certain rights of Georgia consumers to pursue Midland for those false affidavits. So, what does this mean? It means act quick! You may be entitled to a remedy under federal and Georgia law against Midland Funding if you were affected by those affidavits within a time period where the statute of limitations has not run out for you to do so. The statute of limitations under the Fair Debt Collection Practices Act ("FDCPA") is only one year so you can see why it is imperative to act now. The FDCPA has a provision in it that allows a consumer to recover attorneys fees and costs from the debt collector if a violation is proven - this means consumer attorneys often take on these cases for little to no money upfront from the consumer. Midland will not change its practices until it is held accountable for its policy of lying to the court. You should also know, that even while these legal class action proceedings were ongoing, Midland did virtually nothing to change its practices. Its staff continued to fill out form affidavits with little done to verify the truth of its statements to obtain judgments against Georgia consumers. So, what should you do? Contact Georgia consumer attorney Daniel DeWoskin Phone: (404) 987-0026 Email: firstname.lastname@example.org ASAP to discuss (for free) your legal options to hold Midland accountable for their actions. He is looking for people who've been sued by Midland Funding / Midland Credit Management between those dates and whose cases involved an affidavit filed by Midland Funding or Midland Credit Management. It does not matter if you lost your case to Midland Funding. You may be entitled to a remedy under federal and Georgia law.