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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.
Greetings, A Law firm named Berndt & Associates representing Jefferson Capital Systems LLC, whom bought the debt from Fifth Third Bank sent me a letter the end of this past summer trying to collect a credit card debt. I sent the firm an email provided on the law firm's website (email@example.com) stating that I can not afford to pay them, due to me having health issues, barely able to work part time and I just scrape by month to month (the letter was a couple of paragraphs and more explanatory). I sent it in text form as well as an attached PDF. I never received any type of reply or letter after. Fast forward to this past week, about 5 months later and I received a letter in the mail with a court summons, with Second typed in under it, I have attached a picture of the top of the form. Berndt & Associates also filed a motion for a second summon s with a motion stating "Defendant evading service." in the 2nd box. Also included was a complaint with 7 lines as well as stating: WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the sum of...$ There was also an ORDER REGARDING ALTERNATE SERVICE asking for electronic certified mail-RRR. There was a bill of sale from Fifth Third to Jefferson Capital, as well as a few pages of mostly redacted sales document with my information included. The next day I had a note in my mail box that missed a certified mail that was to be signed for, assuming from them, since it is from the same city as the law office. I never received a First summons, I'm confused as to why I received a Second alleged summons though. I have a record of the email that I sent to Berndt & Associates , can I present that as evidence? Also, can I ask to see the received email from their end, since I sent it to the email provided on the law firm's website? With this presented, does this mean that they are providing false information on the summons stating "defendant evading service"? I have had a debt collection lawyer,use dirty tactics in the past and ultimately was involved in 2 class action lawsuits against them, but that was after they ruined my life for a bit. I don't want to let this happen again. Can you please help me?
Hello all, Thanks in advance to all those who help. You are appreciated. Am I allowed to ask a question that isn't debt collection related? If not, I do apologize and feel free to delete this post. Here is my question: 1. I attempted to sue a corporation in a Michigan district court. The defendant was never properly served but the summons is still valid. 2. The corporation I wanted to sue then turned around and filed a small claims suit against me. 3. I was properly served, made a successful request to have the case moved into district court, filed an answer to the complaint listed on the small claims paperwork, included my affirmative defenses in my answer, and included with my answer a counterclaim. My counterclaim was clearly labeled as such and noted that a responsive pleading was required. 4. I mailed a copy of my answer and counterclaim to the company (no lawyer yet) on September 14. It was delivered on Sept. 18 Certified mail, return receipt requested. The court received their copy on Sept. 16. I believe the company has 21 days to file an answer to my counterclaim. When does the 21 day clock start? There is a pre-trial scheduled for Oct. 5. I plan to keep my mouth shut about the company not filing an answer. Will the magistrate presiding over the hearing say anything? Can we even hold a pre trial without a filed answer? Any thoughts would be welcomed. Thanks in advance for your time!