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  1. Hello everyone, I am in the state if Michigan and I have been sued by a debt buyer in which I responded but I failed to support my answer with affidavits. The plaintiff has filed for Motion for Summary Disposition and I will be appearing for hearing on September 15th. I need help. I have attached the Mortion and Exibits to this post. I need a quick response on how to respond to this case. I am thinking of denying the amount. From the last statement and the bill of sales, the amount shown was $3094.09 but they are requesting for $3054.09. They are requesting this amount because they said after account setoff and all known counter claims but I did not make any payments on the account during the period it was purchased.
  2. Hi all, I received a Summons and Compliant on March 6th. I was properly served and it is within the statute of limitations. I am currently prepping my answer and affirmative defenses for submission to the court, and service to the plaintiff's attorney. My story: At the time of treatment by this medical provider, January 2016, I had to see this provider as my secondary insurance from a car accident settlement required me to go there as a condition of continuing to pay for my treatment. It is a neurologist and I have on-going migraines and neck issues from a car accident. My bills are submitted through my primary insurance and then the secondary pays the remaining bill. I went to see this neurologist and provided my insurance information and secondary insurance. I went to an appointment and they advised me that I had an outstanding balance. I once again provided the insurance information. I believed everything was good to go as I never received anything in the mail and I went back to seeing my selected neurologist and not the one that I was required to be evaluated by, per the secondary insurance company. In 2019 my father received a bill at his home and brought it to me. I immediately contacted the neurologist office and let them know that they did not have the correct address. I also advised that the insurance should have been billed and I would not have any out of pocket monies due. I found out at this time that they had been attempting to bill the incorrect primary insurance. Due to the length of time from the original evaluation, my primary insurance had changed and could no longer accept claims as it was over a year. When I spoke to whomever answered the phone at the neurologist office, they told me that they would not bill the secondary insurance again as it was denied. I explained to the person that they used the incorrect insurance, had the wrong address, never updated any of the information as requested, and I wanted to get this taken care of now that I knew that it was still outstanding. The person on the phone ended up hanging up on me after we went back and forth. I received a letter from the plaintiff's attorney in December or January of 2021. I sent a certified letter explaining everything above and received back an internal account inquiry from the neurologists office that lists me as "self-pay", still has the incorrect address, and shows that they attempted to bill an insurance company that I did not have at the time of my evaluation. The response letter from the attorney had a phone number and stated to call to discuss a payment arrangement. I called the attorney the same day and left a voicemail message that I would like it to be paid via my secondary insurance that required me to go to that office. I asked that the neurologists office please submit the bill to them as they are required to pay any bills that are not covered by my primary insurance. I never received any response, or return phone call. I received the summons and complaint. The items in the complaint are as follows- 1. City that I live in. It is correct and I will agree. 2. Plaintiff, at the express or implied request of Defendant sold and delivered certain reasonable, and necessary medical and/or psychology merchandise and/or services to or for Defendant, and/or his/her minor child, for the dates of service identified on the attached invoice.- The invoice that was attached had no information and had zero balance. I am going to upload a redacted copy here.- I am going to deny, but need advise as to how to word my answer. 3. As a result Defendant is indebted to Plaintiff, on open account, a copy being attached in the principal amount of $475- I will deny 4. Defendant has failed or neglected, despite demand, to pay the amount due- I will deny Plaintiff requests judgement against the Defendant in the amount of $475 plus interest to the date of judgement, costs, and attorney fees. If anyone can offer any help with my answers/affirmative defense, I would greatly appreciate any advice and help
  3. Hey All! Seriously need help! So stressful with this situation on top of having one lung (hot weather is tough!) and a 93 year old father with dementia that I advocate for - he just got out of the hospital yesterday, after being there for two weeks for emergency surgery. I have to answer the pretrial statement by Monday. I have been reading about a motion to dismiss, but with Covid, everything is short staffed at the courts. The courts told me not to do a motion to dismiss. Is anyone familiar with FIFTH THIRD, Jefferson Capital Systems, Trak America and/or Stillman Law Offices? Years ago I had a credit card with FIFTH THIRD BANK. I kept in close communication with FIFTH THIRD during difficult times. Due to unforeseen circumstances, I had no choice but to default. I called Fifth Third Collections - they said they cannot settle anymore; my account went to Jefferson Capital Systems. I called Jefferson Capital Systems, they said my account went to Trak America. I am not sure who owns my debt at this time. I have court scheduled for July 2, and have to submit a Pretrial Statement 10 days before court. Need to drop off at court Monday, June 22, 2020 and mail to the Plaintiff. * I received a letter from Stillman Law Office, LLC last night, Friday, 6/19/2020, after the offices are closed until Monday. Letter says "Our firm is interested in speaking with you so that we may discus you in resolving your account." It states, "This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose." **** I AM EXTREMELY UNCOMFORTABLE WITH STILLMAN LAW OFFICES **** ORDER OF EVENTS: Had a credit card with Fifth Third. After life crisis events (cancer, had right lung removed, abuse from husband with a son with special needs (mentally 2-4 years old) who has medical issues, had to leave with three children, daughter with epilepsy, let marriage home foreclose,...) I fell behind. I explained this to Fifth Third. The minimum I had to pay was too much. Credit limit was $10,000. My balance was $8126.32 when I defaulted. They continuously offered amounts to settle. The final offer was just over $1,500. I communicated with Fifth Third that I wanted to pay this offer but could not. There was nothing I could do. TIMELINE: 6/2/2014 - My last payment posted to the account Fall 2018 - I received a notice from Jefferson Capital Systems stating I owe $8971.87. I sent the the notice back stating I needed more details/information. My balance was $8126.32 when I defaulted. 6/24/2019 - I received notification from Stillman Law Offices stating they are a debt collector re: Jefferson Capital Systems. 7/16/2019 - I sent a certified letter stating: This letter is sent in response to a letter received by you on June 24, 2019. I am requesting that you provide verification of this debt. Send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed. Details about the age and amount of the debt including a copy of the last billing statement from the original creditor; a detailed explanation of any interest added or payments made since the last billing statement and the legal authorization for this interest; the date the original creditor claims this debt became delinquent. Whether this debt is within the statute of limitations and how that was determined. Details about your authority to collect this debt: whether you are licensed in my state, and if so, provide the date of the license, name on the license, license number, and the license number, and the name, address and telephone number of the state agency issuing the license. I need more details about what you claim I owe so that I can make an informed decision. 9/9/2019 - I received a cover letter with a copy of a Bill of Sale between FIFTH THIRD and Jefferson Capital (The Bill of Sale said “see file attached” with nothing attached), and some copies of statements. I did not respond since they did not answer my many inquiries - I thought it was over. Then, on March 17, 2020 (lockdown now in effect) - I received a summons that had very few papers included. The paperwork stated that I was avoiding them (not true). The paperwork said “see attached affidavit,” only thing included is an excel spreadsheet. I then looked more closely at the statements Stillman sent to me 9/9/19. He sent a year of statements excluding one month, and duplicates of two pages. Forty-Six pages as follows: Cover letter - “This communication is from a debt collector” Copy of Bill of Sale (says “to those Accounts identified in the File attached…) nothing attached Page 1 Statement dated November 18 to December 28, 2014 Page 2 Boilerplate Page 3 dated October 18 to November 17, 2014 (Note date different from #3, same as #9) Page 4 dated October 18 to November 17, 2014 (Note date different from #3, same as #10) Page 1 Statement dated October 18 to November 17, 2014 Page 2 Boilerplate Page 3 dated October 18 to November 17, 2014 (See #5) Page 4 dated October 18 to November 17, 2014 (See #6) Page 1 Statement dated September 18 to October 17, 2014 Page 2 Boilerplate Page 3 dated September 18 to October 17, 2014 Page 4 Header only dated September 18 to October 17, 2014 - Blank Page 1 Statement dated August 18 to September 17, 2014 Page 2 Boilerplate Page 3 dated August 18 to September 17, 2014 Page 4 Header only dated August 18 to September 17, 2014 - Blank Page 1 Statement dated July 18 to August 17, 2014 Page 2 Boilerplate Page 3 dated July 18 to August 17, 2014 Page 4 Header only dated July 18 to August 17, 2014 - Blank Page 1 Statement dated June 18 to July 17, 2014 Page 2 Boilerplate Page 3 dated June 18 to July 17, 2014 Page 4 Header only dated June 18 to July 17, 2014 - Blank *****NOTE DATES ***** MONTH MISSING ***** 27) Page 1 Statement dated April 18 to May 17, 2014 28) Page 2 Boilerplate 29) Page 3 dated April 18 to May 17, 2014 30) Page 4 Header only dated April 18 to May 17, 2014 - Blank 31) Page 1 Statement dated March 18 to April 17, 2014 32) Page 2 Boilerplate 33) Page 3 dated March 18 to April 17, 2014 34) Page 4 Header only dated March 18 to April 17, 2014 - Blank 35) Page 1 Statement dated February 18, 2014 to March 17, 2014 36) Page 2 Boilerplate 37) Page 3 dated February 18, 2014 to March 17, 2014 38) Page 4 Header only dated February 18, 2014 to March 17, 2014 - Blank 39) Page 1 Statement dated January 18 to February 17, 2014 40) Page 2 Boilerplate 41) Page 3 dated January 18 to February 17, 2014 42) Page 4 Header only dated January 18 to February 17, 2014 - Blank 43) Page 1 Statement dated December 18, 2013 to January 17, 2014 44) Page 2 Boilerplate 45) Page 3 dated December 18, 2013 to January 17, 2014 46) Page 4 Header only dated December 18, 2013 to January 17, 2014 - Blank ***** TAKE NOTE: ALL ACCOUNT NUMBERS ON PAGE 1 of STATEMENTS listed above, ARE BLACKED OUT WITH A HEAVY BLACK MARKER (as opposed to the paperwork sent to court, which are blacked out neatly and professionally with black tape) PAPERWORK STILLMAN SENT INCLUDING SUMMONS, 17 pages as follows: Order Regarding Alternate Service Second Summons Motion for Second Summons and Order; States “See Attached Affidavit” **No Affidavit attached 4. Summons 5. Copy of Complaint 6. Page 1 Statement dated November 18-December 28, 2014 7. Page 2 Boilerplate 8. Page 3 Statement dated November 18-December 28, 2014 shows “clearing offset” and “client service fees” **Please see #3, #4, #5 and #6 of the 46 pages he sent to me. 9. Page 4 Statement dated November 18-December 28, 2014 - Blank 10. Page 1 Statement dated May 18 to June 17, 2014 **Missing statement in the 46 pages above - last month I made a payment 11. Page 2 Boilerplate 12. Page 3 Statement dated May 18 to June 17, 2014 13. Page 4 Statement dated May 18 to June 17, 2014 - Blank 14. Copy of Bill of Sale (says “to those Accounts identified in the File attached…)” 15. Excel spreadsheet p. 1 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018 **Shows 23 redacted lines. One line with my name, ss#, acct #, Seller acct#, date act opened 16. Excel spreadsheet p. 2 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018 **Shows 23 redacted lines. One line with charge off date, charge off amount, purchase balance, last payment date, last payment amount 17. Excel spreadsheet p. 3 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018 **Shows 23 redacted lines. One line with Original creditor The papers included by Stillman were the papers missing in what they sent me. Also, no mention of attorney in paperwork sent to me, just “Stillman Law Offices.” Attorney name, Stuart Lebenbom, is listed on summons in court papers. He is one of the partners. I called his office and was told Jefferson Capital has a very large volume of debtors and that a staff attorney will be handling my account. ON PAPERWORK TO ME: Stillman appears to be a debt collector. ON PAPERWORK WITH THE COURT: Stillman appears to be representing Jefferson Capital I am a single mom on a very low budget... Had kids later, and was forced to retire early to be with them. Child support also just got cut in half... very small pension. HELP!! ** Have paperwork to share, not sure how to attach here
  4. 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 (info@berndtlegal.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?
  5. Synopsis- Sued by Midland Funding. I responded in the proper amount of time with denying all the the items in the complaint. I was prepared to go to the pretrial settlement hearing. Date in my planner and in my phone. Made a huge mistake and put in on the Tuesday of the following week, so Nov. 13 instead on Nov. 6. My daughter was ill on November 6th and had to go to the doctor. Missed school for 2 days. Since we were home, I opened my huge file to last minute prepare for the pretrial settlement hearing the next week because I had done nothing to prep. My plan was to ask the judge to stay or dismiss pending contractual arbitration. When I opened my file, saw that I had missed the court date the day before. I freaked out, called the court and was advised that a default judgement had been entered. I was told that before I could do anything else that I needed to file a motion to set aside the default judgement and that I could do so at the court. The woman advised that they had the forms and I would fill them out and pay $20. My naive thought was I would fill in the blanks and write that my daughter was ill, I could prove so with paperwork from doctor and attendance documentation from school. When I showed up at the court on Tuesday 11/12 (Monday was Veterans Day and court was closed), I was told that I needed to write in why I didn't owe the money for the default judgement. I explained that I had planned to ask the judge to stay or dismiss, etc... I was then advised that I should come back with more documentation. Do I have any chance of getting the default judgement set aside? Should I just call Midland and set up payments? Amount is around $2,100 from the default judgement. Debt is 5 years and 9 months old, so not out of the statute of limitations. I appreciate any help or advice.
  6. The latest scene in the **** show that is my life is- Summons and complaint received served, in person, to me yesterday Being sued by Midland for a past account with JC Penney/Synchrony Bank formerly GE Capital. Court venue is Midland Summons and Complaint_Redacted.pdf correct. Attached summons and complaint, along with the docs that were included. My redactions are in pink. On the last page of their supporting docs, the address that they had for me, redacted in pink, is an address that I lived at 3 years ago. Midland Summons and Complaint_Redacted.pdfMy first question is, when I answer do I include my denials and affirmative defenses at this time, or do I first just answer and file a motion to dismiss for improper venue based on my residence? Also, how do I serve the Plaintiff's attorney when the only address provided is a PO Box? If I were to send anything via CMRRR doesn't it have to be a physical address? Can I only send correspondence via first class mail in this case? Midland Supporting Docs_Redacted.pdf
  7. Good Day All, After receiving mail from bankruptcy lawyers about a pending lawsuit I thought to Look Up Cases / Balances in my district. Lucky me own case number and register of actions. Never having been through this I want to be as proactive as possible. This suit will be within the SOL unfortunately. I am being sued by Portfolio Recovery Associates LLC (“PRA” [took forever to figure that abbreviation out]). The attorney listed is Michael J. Olcese. The ROA only lists a few things thus far: · Summ & Comp filed · Summ & Comp By Plantiff Issued · Filling Fee Pad · Check tendered ROA shows a date of 11/9 and as of 11/28 I still have not been served. When can I reasonably expect this to occur, and is there anything that I can do between now and being served? I found a thread with some outstanding content started by bmc100, “Those being sued in Michigan by a JDB, step by step in Defending” but 2012 was years ago. Combine this with the thread, “My experience losing in court (pretrial)” I am left with an unsettling feeling. I must protect my family’s assets to the best of my ability. Last thing I want is a debt from surviving college to set my household back. With that being said, outside of, https://www.bsdd.com/sitefiles/7887/new-guidelines-on-to-draft-the-answer-and-affirmative-defenses.pdf what information can I delve into to start preparing for this. What threads what case law, where do I start? My assumption is I will not have the luck that ‘not_me_ok’ had in obtaining an outright dismissal. In recent history, how often is success realized by the defendant in these cases? I have seen mention of arbitration. Are the courts so favorable to plaintiffs / hostile to defendants that this is the best course of action? My wife went through something like this in 2010 and simply said, “she had no knowledge of the debt” and the case was dismissed. Is it still as simple as saying this? Also I just found this section of the forum and at a quick glance there seems to be some great information that I am completely ignorant to. This will be resolved on the weekend. Also for those of you that made it to the end of this post, thank you for your time and attention. Any and all input is greatly appreciated. Sincerely, OD
  8. Hello, I just received a summons from Cavarly. I would like some advice on how to proceed. I read some old posts regarding filing a motion to dismiss and/or an answer. I would like to see if those older posts from a few years ago still apply in Michigan. Please advise. I appreciate all the help. Thank you.
  9. I've attached the lawsuit, please tell me how you would answer... SC454e_108118101517020.pdf
  10. Yes I have read all the Michigan posts but has been very confusing so here goes: Do I file an 2) motion to dismiss first for lack of standing or b) answer the numbed allegations or c) do MTD with accompanied by answers? Short Summary of Situation; 1. Midland is suing for Capital One card they say was from 2016, amount $ 650 2. Midland is the 4th, 3rd party debt buyer in this chain. 3. Attached are 4 Affidavits from each company (1 page each) 4. Attached are 4 Bill of Sale/Assignment from each company (1 page each) 5. Attached is 1 Affidavit from Midland saying they have personal knowledge of my account, and business records. _____________________________________________________________________________________________________________________________________________________________ This is starting to get scary as they have served me twice within 2 weeks now. The second set of documents look similar to the first. There are 4 lawyers names in the paperwork. Should I just post the paperwork and have you guys help me decide on what to do next????
  11. Hello All! I'm looking for some advice for how to proceed with my current case. I've had amazing help over at debtorboards.com but wanted to get feedback from here as well. Here's a rundown- PRA filed suit in December, I was served in Febraury for $578.36 from WFNNB Victoria's Secret. After reading advice from debtorboards, I filed a MTC. The PA filed a opposition, and I then filed a reply. Court was today! It was ROUGH!! The PA sent some young girl and she immediately as me if I wanted to make a payment plan- NO! She says "so you deny this debt is yours"? I said "yes!" I told her only settlement was a dismissal with prejudice and she didn't reply. She continues to argue that the court uses some printout of a CC Agreement from 2009 since that was the year it was opened (because there is no Arb. Agreement). I rebuttal with the 2012 CC Agreement that shows Arbitration since it's the year that the alleged account was in good standing". The judge them starts grilling me! Treating me like a child. He asks is this your debt ? I answered "No, to the best of my recollection I paid my debt in full". He asked me again- I have the same answer. He then asks "So are you saying "you THINK this isn't your debt, or no it's not your debt". I said "No its not my debt". I argued "the PA hasn't given me any authenticated documents from the OC and have no way to prove this is my debt". He says "Why Arbitration? Do you no how much that costs you? You have to pay half? Why do that? Do a trial by judge! It's quicker, easier and free. I think that's what you should do. Arbitration takes forever". So I panic and say "ok, fine". He asks the PA if there's anymore paperwork they have that they intend to use at the trial by judge. She said no- but they haven't done Discovery yet. The judge says "it's okay. Just do an informal one, just make sure the defendant has the paperwork you intend to use". So its scheduled for May. Now I'm worried. Why was he so pushy about this? How the heck can I beat these dummies? Did I perjure myself when the Judge asked me like 4 times if it's my debt and I said no?!
  12. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC 2. What is the name of the law firm handling the suit? Roosen, Varchetti & Oliver, PLLC 3. How much are you being sued for? $2,400 4. Who is the original creditor? Citibank, N.A. 5. How do you know you are being sued? Served papers 6. How were you served? 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? They contacted me by phone several times, i would just tell them i was unable to talk at the time. I believe I received mail from them also. 9. What state and county do you live in? Bay County, Michigan 10. When is the last time you paid on this account?early 2014 i believe. I tried to find OC on my credit report but it is no longer there. Though while looking i noticed that Cavalry reported tat my balance went down 100 bucks last month... strange 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? Summons and Complaint served, need to file response this week. 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? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? only have a few days left 16. What evidence did they send with the summons? A very vague bill of sale from Citibank to Cavalry , no acct specified, an Asset Schedule that shows three bulk lots with their sale id and cut off date of 9/20/16., and then the final statement from CITI showing the full balance due which is same amount they are after. There is not an affidavit attached. 1) Defendant entered into a contract with plaintiff or plaintiffs assignor, the acct #xxxx and pursuant to MCR2.113(F)(1)(b)Plaintiffs claim is based on on a written instrument which is not attached as it is in the possession of the adverse party 2) defendant defaulted under the terms and conditions of the contract 3) Plaintiff and/or its assignor completed the performance under the terms and conditions of the contract 4)That Statements were sent to the defendant detailing the amount owed on the account and defendant has failed to object to said statements. 5) The acct has been stated and/or is open between the parties 6) As a result of defendants default plaintiff claims breach of contract, open account,account stated, and/or unjust enrichment 7)The current claim amount due and owing by defendant to plaintiff is $2,4xx plus interest, cost and attorney fees. I have done a ton of reading on here, the Michigan cases in particular. I have a decent idea of my options moving forward. I am trying to decide which way should proceed. Im really leaning toward arbitration and filing MTC in Lieu of answer , but havent been able to find the cardmember agreement from when the account was still active. Im still having trouble with filing an answer if i proceed that way.
  13. I recieved a summons and complaint, by a serving officer in the state of Michigan. Barely anything was attached to it, except 7 statements to the court which I will now copy 7 Claimed Statements and what my reponse would be (I Just have no idea how to send it) 1. Jurisdiction and Venue are proper in this court. (the 60th district, has jurisdiction over me I don't dispute that). Me- The Defendant admits this allegation in its entirety 2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in XXXX (Honestly don't know if I did) Me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 3. Upon Infomrmation and belief, Defendent has poession of this contract upon which this claim is based (either I didn't open it (the account), or I lost it) The Defendant denies this allegation in its entirety 4. The Account Was duly assigned, in the normal course of buisness, to the plantiff. (I Have no idea if they bought it or can prove it) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 5. Plantiff and/or it's assignor completed performence under the terms of its account (I have no idea what that means) Me- C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 6. Defended Has defaulted under the terms and the condtions of the account by failing to pay as promised (again no idea if I opened this account (Bipolar as hell), or they even bought it correctly if I did) me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. 7. There is presently due and owing the sum of 1366.18. plus costs and atty fees. (again no idea) Me -C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. I'm bipolar I had my identity stolen before and I actually have some bad debt, I have no idea of who where and what to respond to but I can't afford this I have no bank account because I am on disability and my wife pays everything on my behalf, secondly I do real estate 2 very old cars one worth 2000k and one worth 4500k, and 1 modest home. The cars are paid for and I have about 30000 worth of equity in my home. Thing is I have no idea if I opened this, second I don't want a lien on my property or for it to be acutioned off, how do I respond (Mail, Phone, email) secondly where this is the 60th district court.... I want a day in court to explain. What should I do?
  14. 1. Who is the named plaintiff in the suit? Midland Funding LLC (Warren, MI) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No named law firm - lists 4 separate plaintiff's attorneys 3. How much are you being sued for? ~$860 4. Who is the original creditor? (if not the Plaintiff) Amazon.com -- Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Received a Summons and Complaint via mail and notice on door 6. How were you served? (Mail, In person, Notice on door) Mail and notice on door. 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? No correspondence 9. What state and county do you live in? Michigan, Ingham County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/13/2014 11. What is the SOL on the debt? 6 years in Michigan 12. What is the status of your case? Unsure - so far have only received the Summons and Complaint, and Order Regarding Alternate Service 13. Have you disputed the debt with the credit bureaus? No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Until 4/14/16 - 28 days, as I received the Summons & Complaint by mail 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of the Midland Funding officer (not sure about the formal name for this document), bill of sale from Synchrony Bank to Midland Funding, and account activity summary/payments from Amazon.com - please see documentation they sent by following the link below. HERE IS A LINK to the Summons and Complaint/attached exhibits: https://drive.google.com/file/d/0Bx30KmII08DUVDVOcVdvY2NjVDA/view?usp=sharing Other details that may be pertinent: I have no assets or income -- currently unemployed -- and I would prefer to take care of this outside of court, if possible. What is my best course of action, here? Should I file a Motion to Compel Arbitration and request the American Arbitration Association (I've read that they’re not so fond of Midland…)? If so, if anyone has any “pre-written” or outlined documents to alter and send to Midland and my district court, I would sincerely appreciate those, as well. I welcome any other suggestions...I’m new to this and quite overwhelmed! Thank you very much for your time and assistance.
  15. Hello & HELP!, I work for a medical provider and I am assisting a patient who is being harassed by a collection agency and her insurance company. Here is the breakdown: Patient had surgery in California but the Patient lives in Michigan and her Insurance company's coverage is out of Michigan. Our patient was seen and services were rendered in June 2011. We are a medical facility out of California and the patient lives and has insurance coverage out of Michigan. Our surgical center submitted an out of network claim correctly. Shortly after submitting the claim the Insurance carrier paid out the out of network claim directly to the patient for $42k who in turn forwarded the check to our office July 2011. The patient was then contacted about 3-6 months later demanding a $21k refund from the patient due to an error from the insurance carrier. In 2012 our office attempted to contact the insurance company and request necessary documents so we can look at the validity of the refund request in order to consider the refund. Months went by and the insurance carrier could not/did not provide our office with the necessary information. We fast forward to 2015 after years went by and the patient was contacted by a collection agency demanding payment. *** I am working with the patient to resole this debt. I have been researching Michigan statute laws and looking for some kind of defense or angle. I have been in contact with the collector and have sent certified mail a written debt validation request. "which they did not respond" so I then had the patient send her own request to validate the debt demanding 30 days from 2/26/16 to respond. I did note that we can try to use California collection laws due to the services were rendered in California. QUESTION: Can we apply the Borrowing statute law or does Michigan have a borrowing statute law that can help the patient by making the insurance carrier or collection agency adhere to California statutes/collection laws due to the services were originally rendered in California even though the insurance carrier is out of Michigan? Is there any other defenses or approach we can take?
  16. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe
  17. Ok! Just came back from hearing on my Motion to Compel Private /Contractual Arbitration was DENIED! After the attorney barked for 15 minutes saying I could not claim anything from a contract a denied having, the judge agreed and said she could not grant me my motion because I denied on my affidavit having an account/contract with Portfolio Recovery Associates or its "assignor" Synchrony Bank (old navy credit card). What is next? Is it to late to file MSJ to get the case dismissed? Here is some background: Being sued by Portfolio Recovery Associates (Synchrony Bank - Old Navy Credit Card) for $2.589, last paid on April 2013 (Michigan SOL is 6 years) 05/11/2015 - Summons and Complaint Filed was served end of June 2015 07/12/2015 - I answered my complaint denying ever having such account 08/28/2015 - Ordered Mediation (didn't settle as the JDB offered to take off about $300 from the amount allegedly owned) 09/28/2015 - Plaintiff filed Motion for Summary Disposition 10/05/2015 - Defendants Brief in Opposition to Plaintiff Motion for Summary Disposition filed 11/02/2015 - Hearing where judge gave me 48 hours to file Affidavit denying Plaintiff claims 11/02/2015 - Defendant filed Affidavit Denying Plaintiff's Claim 11/05/2015 - Plaintiff Motion for Summary Disposition DENIED 11/06/2015 - Defendant's Motion to Compel Private/Contractual Arbitration filed 11/30/2015 - Defendant's Motion to Compel Private / Contractual Arbitration DENIED
  18. So discovered this place a little late or else I would have nailed them for the stale affidavit and been done months ago. Here's what's happened so far. Received the complaint, it's a stale affidavit by months so I'll be sure to point that out. (Affidavit Dec 2014, Complaint written Feb 2015, Filed with the courts May 2015) Filed answer to the complaint and a request to produce. Went to court and they sent a local lawyer who had nothing. (It's visibly frustrating her.) Judge told them to produce and set a new date. They sent their own request to produce which I did not receive. Went to court and judge ordered everyone to answer requests (He's asking them for statements and what is actually owed.) Answered their request to produce, interrogatories, etc. I haven't received anything from them, neither has the courts when I checked yesterday. So I'm trying to write up my motion to dismiss and am rather lost. I found peanuts and while I can use some most of it isn't necessary for my case. So my defense is that they're trying to use a stale affidavit, which they can't do; and they have nothing to prove the account. It feels way to simple, but I might just be trying to make this more difficult then it actually is. They've proved nothing unless they decide to file everything at the court date. Then I can object, correct? Any assistance is greatly appreciated. Even just pointing me in the right direction will be a great help.
  19. My pre trial paperwork is due tomorrow and I want to make sure I filled it out correctly. Mainly the sections "issues of law" and "issues of fact"
  20. I am in the midst of litigation w/Midland. Served by PRA on 8/22. I have read and reread many of the threads.It is all sinking in. I have copied and pasted salient points, as I consider if they are of value to my responses apropos to my case. I have saved many samples from this site and refer back to numerous Michigan posters, yet I am in need of a few tips, tweeks and wisdom am searching this site for the following: Format - Looking for a straight forward Style Rules for Michigan Civil Court. Language - proper phrasing Example of Request for Documents... Any experience as a Defendant, Pro Se, as far as what was accepted or denied re: format etc @antiquedave had a great list of questions for discovery, interrogatories, etc. Would it be best to start the process with simple request for documents? So much good advice, just trying to consolidate it all and work each step, step by step.
  21. I have received on summond 2/24/15 from LVNV FUNDING C/O STENGER & STENGER Kent county Michigan AMOUNT 746.95 for a credit card debt from CREDIT ONE BANK EXHIBIT A Plaintiff affidavit signed by Matt Summers Exhibit B Photo copy or print out "account statement" prepared by jds Lvnv. I have not yet sent my answer because i was wondering how to do the motion to strike the affidavit. also i havent received the summons from portfolio yet ,and cant find it online. But I received a letter from a lawyer stating i was being sued 63 district court my portfolio. I heard sometimes they do not send a summons so they can get a default. please help i dont want to file bankruptcy if i dont have to. scared they will take my car or something. please help cant afford to be garnished head of household low income family
  22. I just received a letter here in MI again. This time it's from a Lawyer in Novi. Along with every new letter comes dozens of new questions. I was thinking I had a handle on this JDBing thing but there I go thinking again. (When will I ever learn?) The letter states that SYNCHRONY BANK owns the debt now. Here's my confusion, GE Capital owned it (OC), someone else owned it from TX, PRA owned it, btw:PRA took me to court and lost, now I get a letter saying that Synchrony Bank owns it. Well, needless to say, I'm confused. The letter was sent by a Lawyer, this is not a summon & complaint from the courts, just a letter telling me I owe them money. And just a letter too. OC is noted - Amount is noted - New owner is noted. All the pertinent information has been included. I've written a letter back requesting validation, proof of license to do business in MI and Proper Chain of Title. I'm hoping the strongly worded response letter shows them that I'm a fighter when it comes to JDBs. Maybe I can scare them off. If anyone has any other recommendations for me, let me know, I will be sending the letter out Monday the 21st.
  23. I'm being served again on another ID theft Credit Card by the same stupid Lawyer. I won last time but they didn't learn anything and are now filing another Summons and Complaint on me. I want to stick it to them this time by filing a counterclaim for lost wages and other costs that I couldn't get last time because I didn't know how to file it. This time, with your help, I hope to stick it to them. Any suggestions/guidance would be appreciated. I will be posting the specifics of the suit as I get them. Thanks, Lostboy
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