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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.
Hi, Below will explain my summons in more detail: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Sessoms & Rogers, P.A. 3. How much are you being sued for? $2,457.62 + costs of the action 4. Who is the original creditor? WebBank/Fingerhut 5. How do you know you are being sued? Served last night 6. How were you served? In person by sheriff 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 have sent a few letters but that is it 9. What state and county do you live in? North Carolina / Mecklenburg County 10. When is the last time you paid on this account? January 4, 2014 11. What is the SOL on the debt? To find out: Moved from PA to NC - PA is 6 NC is 4 so both are within SOL 12. What is the status of your case? Suit served? Motions filed? I have just been served and am given 30 days to answer the complaint (no court date is listed just instructions to answer to plaintiff and file with court) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) As a matter of fact, I mailed out CERTIFIED letters to all CRA's on January 4, 2016 disputing these accounts. That night I was served these papers. 14. Did you request debt validation before the suit was filed? Not sure if it was too late but it was on the same day I was served (see above)omatically. 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? It says CLAIM FOR RELIEF and states that I am lawfully indebted to the Plaintiff for the amount above because I made an express or implied promise to pay the balance due on the account. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Exhibit A - Statements from the beginning to end of alleged account Exhibit B - Bill of sale of OC or Acquirer - with this is also a page with my field data that states: Data printed by Midland Credit Management INC. from electronic records provided by Bluestem Brands, INC., for itself and as an agent for Santander Consumer USA pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 8/29/14 in connection with the sale of accounts from Bluestem Brands, INC., for itself and as agent for Santander Consumer USA to Midland Funding LLC. Exhibit C - An affidavit in support of judgement from a Legal Specialist that has access to account records for Midland Credit Management, INC. I have read quite a few posts here but wanted to have some personalized input as I am not sure how to respond to the complaint.