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I was served by an officer this morning with a pretrial notice. I’ve never been sued before so I’m not quite sure what to do. Details below: Original Creditor: Credit One Account Open: May 2018 Account Closed: October 2018 Amount Sued For: $1105.15 Attachments: Bill of Sale to Midland, Affidavit of Credit One Bank & Midland, The account info (account #, Name, Bill amount, last payment date, etc.), and my first and last credit card statement. Any advice would be helpful. I’m worried this would impact my credit score that I’ve been working to bring up. Should I work with Midland to pay the debt? Should I file an attribution? Thanks in advance.
Hi all! I am trying to get editing assistance with my affidavit and my answer to a complaint and summons I received 20 days ago from PRA, LLC. I have read so many posts on here including @bmc100 's step by step guide to defending JDB lawsuits and finally think I am ready to drop these off at the CH tomorrow (DUE DATE!). The summons was served in person to my home and only had an affidavit listed as the exhibit A. I have prepared both my affirmative defenses using the MCR 2.113 (F), MCL 600.2145 and MCR 2.201 (B). I am just really stuck on my affidavit and if whether or not my reasons for denying each allegation (plaintiff has not provided any evidence to support this allegation) are durable and correct. I am inlining both the affidavit and the answer for help. Any feedback would be appreciated. Thank you !!!!! The Affidavit: STATE OF MICHIGAN 47th DISTRICT COUNTY DEFENDANT’S COUNTER AFFIDAVIT PURSUANT TO MCLA 600.2145 CASE NO: JUDGE: Plaintiff’s name, address and telephone Portfolio Recovery Associates, LLC as successor in interest of SYNCHRONY BANK / SYNCHRONY BANK 120 Corporate Blvd. Norfolk, VA 23502 (866) 428-8102 v Defendant’s name, address and telephone M Plaintiff’s attorney, bar no., address and telephone Kevin L. Holst (P66274) David M. Greenbaum (P64731) Kirsten L. Pepper (P66208) 120 Corporate Blvd Norfolk, VA 23502 (866) 428-8102 Defendant’s attorney, bar no., address and telephone Defendant, In Pro Per, makes this affidavit per MCL 600.2145. 1. I am the Defendant. 2. If sworn as a witness, I can testify competently to the facts stated here. 3. The statement of account is untrue or inaccurate because: _______________________________________________________ I am unaware of an account with plaintiff or plaintiff’s assignor as stated in the plaintiff’s complaint. I have never received statements from plaintiff or plaintiff’s assignor as stated in the plaintiff’s complaint. I do not agree with and dispute the amount of $1813.66 the plaintiff is claiming is due and owed. I am not in possession of the terms and conditions of the account as stated in the plaintiff’s complaint. 4. I declare that the statements above are true to the best of my information, knowledge, and belief. _______________________________ _______________________________ Signature Date Subscribed and sworn to before me this _________ day of ___________________________,_____. __________________________________________________________________ NOTARY PUBLIC, COUNTY OF __________________________________, MI MY COMMISSION EXPIRES: ___________________________________________ The Answer: I X agree with the statements in paragraph 1. disagree with the statements in paragraph 1 because ___________________________________. do not know if the statements in paragraph 1 are true. 2. I agree with the statements in paragraph 2. X disagree with the statements in paragraph 2 because the plaintiff has not provided any evidence in support of this allegation. do not know if the statements in paragraph 2 are true. 3. I agree with the statements in paragraph 3. X disagree with the statements in paragraph 3 because the plaintiff has not provided any evidence in support of this allegation. do not know if the statements in paragraph 3 are true. 4. I agree with the statements in paragraph 4. X disagree with the statements in paragraph 4 because the plaintiff has not provided any evidence in support of this allegation. do not know if the statements in paragraph 4 are true. 5. I agree with the statements in paragraph 5. X disagree with the statements in paragraph 5 because the plaintiff has not provided any evidence in support of this allegation do not know if the statements in paragraph 5 are true. X continued on page 2. ____________________________ ____________________________________________ Date Defendant/Attorney signature _____________________________________ Name (type or print) IMPORTANT: If you have affirmative defenses, you must state them now using the last page of this form. If you do not, the court may prohibit you from raising them later. An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful defense. Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff’s complaint. CERTIFICATE OF SERVICE I certify that on this date I served a copy of this answer on the plaintiff(s) or their attorney(s) by personal service. first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3). ANSWER, CIVIL (PAGE 1 OF __) MCR 2.111 Original – Court 2nd copy – Defendant 1st copy – Plaintiff 3rd copy – Proof of Service STATE OF MICHIGAN ANSWER, CIVIL (PAGE 2 OF __) Plaintiff’s name(s) Portfolio Recovery Associates, LLC as successor in interest of SYNCHRONY BANK / SYNCHRONY BANK v Defendant’s name(s) Continued from page 1. 6. I agree with the statements in paragraph 6. X disagree with the statements in paragraph 6 because the plaintiff has not provided any evidence in support of this allegation. do not know if the statements in paragraph 6 are true. 7. I agree with the statements in paragraph 7. X disagree with the statements in paragraph 7 because the plaintiff has not provided any evidence in support of this allegation. do not know if the statements in paragraph 7 are true.
Ok, so I've been reading more Posts on here for the last month than I can count, but just barely registered today for maybe a little advice or information sharing. First timer being sued by Midland for a measly $1000 CC debit they apparently purchased from GE Capital, with another one on the way apparently. Maybe someone can help... 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law (Phoenix) 3. How much are you being sued for? 1000 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, they might have called but I do not answer restricted or unavailable numbers, I do not open any mail that only shows a return address and no company name those go right into the shredder 9. What state and county do you live in? Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They claim 07-13-11 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). Served Answered They filed for default I received motion for MSJ and disclosure / admission requests etc on the same day Defendants opposition to motion for MSJ Plaintiffs response to Defendants opposition for MSJ 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? I answered, Provided disclosure and opposition to their motion for MSJ 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a Affidavit and cc statement (2) 1 showing payment and 1 showing charge off, and usual generic bill of sale