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Found 21 results

  1. 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
  2. I'd love some help from you guys. I got a summons and complaint 7 days ago. I've literally been doing nothing but researching for the past week. Also, I applied for legal aid, but have little hope they will help. They aren't even slated to contact me until next week. I'm going to be honest with you guys. I need a hand to hold. I have no idea what I'm supposed to do and it feels like a bottomless pit. I have a couple weeks until the deadline. So here are the facts, thus far: 1. I received a summons and complaint between my screen door and main door -along with the busin
  3. I am being sued by Unifund. I don't recall the debt. I pulled my credit report and can't find OC (citibank cc) or JDB on any of them. I contacted their attorney and Unifund and requested any other info they had to help validate this so I could negotiate if in fact it was legit. (Just courtesy call nothing formal in writing) They sent appx 6 statements from 2015 and 2016 on act opened in 2012. At first glance I noticed my name. I have a very common name , (like Barb Jones or Cathy Smith common) and my medical records have been confused with a woman by the same name but different birthday,
  4. Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my nam
  5. My Missouri company was incorrectly named as defendant because of a similar, but no where near exact, corporate name. We have filed a motion to dismiss but it will not be heard until the time to respond to the summons is over. I am trying to do this pro se instead of paying hundreds if not thousands in legal fees. Is the time to respond to the summons extended because of the motion to dismiss or do we still need to respond by the summons date even though the suit is against the wrong company? Thanks for your assistance.
  6. In a separate thread, facts came up that a certain internet bank is governed by an arbitration clause in the contract. If they file in court vs. JAMS or AAA is it : 1. an improper forum for any controversy ? 2. can it be quashed with a demurrer or a motion to quash? 3. can it be struck with a Motion to Strike? or 4. Completing the steps already used for forcing arbitration? I am thinking if we can kick them out of court once then the judge has to see that every case is flawed
  7. I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal:
  8. I was served before Christmas and attended my first pre-trial case just after New Years, which thankfully I went in with some knowledge of my rights. When brought into the mediation room I asked for more discovery, and denied everything. PRA's lawyer was nice enough and granted an extension for discovery and another pre-trial date was scheduled by the court. A few days ago I received their "proof" in the form of a big manila envelope of old capital one letter of assignment. I contacted a local lawyer who unfortunately doesn't do PRA, but did advise me to file a motion to dismiss b
  9. 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
  10. Hi, I received a complaint and summons on April 30th. I filed and answer with a defense of statute of limitations. 1) do I need to file a motion to dismiss if I already noted the statute of limitations and if I do.. 2) is it too late to file for it since my arbitration date is in less than 4 weeks? Pertinent facts: Arbitration date: December 15, 2015 Last payment (per collector) February 4, 2009 Summons filed February 23, 2015 Complaint filed January 28, 2015. - Do BOTH need to be files before the 6 years? I'm hoping the answer is yes. Statute of limitations in Nevada - 4 years for open ac
  11. I am in Kentucky, have 3 cases laying in court. Questions I have are as follows: 1. Portfolio Recovery had filed suit, waited 15 months or so then files an MSJ claiming I didn't answer RFD, RFA and ADM. I opposed and told the judge that it is hard to answer them since I haven't seen them..Judge "stayed" the case to allow answers, etc. I answered their questions (general denial) and sent them requests for documents. They received the CMRRR on 1 May and have yet to respond. Do I have caselaw and grounds to request and win on a dismissal ? 2. Midland filed a suit on me claiming tha
  12. In the attachment you will find my NJ answer, demand for docs, request for admission, affirmative defenses and motion to dismiss. This is a New Jersey Special Civil case. Please, if anyone would like to review my documents recently filed and can offer advice on how to proceed next, I'd greatly appreciate it!! I am not an attorney. I am acting pro se. DEBTORSBOARD NJ CREDITOR ANSWER DEMAND FOR DOC REQUEST FOR ADMISS AND MOTION TO DISMISS.doc
  13. Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if a
  14. I am being sued by in Minnesota. I was served Summons and Complaint in October of 2012. I answered and then recieved Interogs/Discovery in August of 2013. I responded to everything in a timely manner. I did not ask for discovery. They filed with the court on December 9th and recently served me with all the pleadings for a Summary Judgment. I have quite a stack of paperwork. In sum, the action was commenced (I was served by process server) on October 9th of 2012 and they filed with the court on December 9th, 2013. I think they missed their deadline. Could it really be this easy? The rule was
  15. I'm in Florida - I am currently in foreclosure. Case was filed 8/2012. I did not request an extension of time and filed my answers and affirmative defenses (all 28 of them) within the 20 days. One defense was the non-resident cost bond issue. At the end of December, I filed motion to dismiss for failure to post cost bond. End of January, they filed motion for extension of time to answer my answer/affirmative defenses. End of April, they posted cost bond. Neither of us had set a hearing for either motion. About a week ago, I received a notice of hearing on my motion to dismiss (not their mot
  16. I need some help with determining what all needs to be filed for a motion to dismiss charges.
  17. I discovered that most of the Banks suing me are not registered in my state of Colorado. I thought this fact would allow me to dismiss the case, but lack of capacity cannot do it. Trial court erred in treating plaintiff's alleged lack of capacity to sue as a lack of subject matter jurisdiction. Ashton Props., Ltd. v. Overton, 107 P.3d 1014 (Colo. App. 2004). I do cover lack of subject matter jurisdiction in my defenses, yet now we are nearing trial. Can you suggest how I proceed? Here is my legal treatment so far, Motion to Dismiss - Subject Matter Jurisdiction A. Memorandum of Law
  18. I just claimed a defeat with a denial of a Motion for Summary Judgment. Is there anything I should or can do to stop the Plaintiff from trying again? Also, When the Plaintiff first filed the complaint, it was a couple of months before the Satatue of Limitation. Now the SOL has passed. Should I claim that now? The judge's ruling reads as follows: Plaintiffs Motion For Summary Desposition: The motion is denied for the reasons expressed on the record. Plaintiff is unable to proceed to trial for the reason that it has no witnesses to proceed. This matter is accordingly Dismissed without prejudice
  19. I successfully defended a lawsuit where the Plaintiff recently threw in the towel, withdrew their case and filed their Motion to Dismiss Without Prejudice with a cover letter requesting the Judge close the file. I had a pending Motion to Dismiss with Prejudice and Motion for Sanctions which was never heard. A few things have changed since their voluntary withdrawal of the lawsuit, including the Plaintiff sending me a 1099-C for the alleged, unverified debt. The Judge never closed the file, and the Judicial Assistant stressed to me by phone, no final Order has been issued. I believe the Jud
  20. The Supreme Court’s decisions in Twombly and Iqbal provide district court judges with a powerful screening device to help weed out FDCPA claims that lack facial plausibility. Collectors should consider filing motions to dismiss when they are served with FDCPA complaints that do little more than track the language of the Act and claim that the collector violated it.
  21. My spouse was sued for a credit card debt by collection lawyers. Summons were hand delivered and we answered within the time and in the affirmative defense we counterclaimed and asked for a motion to dismiss the case. The plaintiffs responded with a "Motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12 b(6). In the Answers I asked for original application with signatures...I have 8 days to respond to this motion and need help...Thanks in advance