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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 th
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 r
Hello All - Anyway ever have a Bank fail to submit an Affidavit in the Complaint and Motion for Summary Judgement and then just magically produce a new one dated that week and served that day to Defendent in Court? I did. I have been watching this forum for help as I have decided to fight BIG BANK Discover over a credit card debt. I think I have zeroed in on something but need some case law. 1) They filed the Complaint in October, 2014 using an account stated theory with 1 statement attached for a 10 year account. 2) I filed an answer but not an affidavit. I didn't know that I needed to.