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  1. 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 La
  2. 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 r
  3. 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
  4. 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 ques
  5. 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 Pla
  6. 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.
  7. I've attached the lawsuit, please tell me how you would answer... SC454e_108118101517020.pdf
  8. 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 sayi
  9. 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 sai
  10. 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
  11. 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'
  12. 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 do
  13. 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 Insuran
  14. 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 f
  15. 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 Car
  16. 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
  17. 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"
  18. 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 Defenda
  19. 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 the
  20. 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 & com
  21. 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
  22. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.
  23. I am being sued and have spent the last two weeks doing research. I have attached my answer but need advice! Is it too much Some basics: SOL is not violated No known FDCPA Violations No affidavit attached to summons Exhibits: plain white paper copy of purchased date with acct and contract date and last pay date HSBC account balance name and last 4 of my social but looks like I typed it (unofficial) Assignment and bill of sale with signature of Capital One (notice its wrong bank) but no account numbers either way . Who is the named plaintiff in the suit? Cavalry