Jump to content

Does anyone Know Mihcigan Statutes for relief?


Recommended Posts

Golden rule? Don't expect anything out of Michigan as far as consumer protection. You'd be best served going Federal.

REGULATION OF COLLECTION PRACTICES (EXCERPT)

Act 70 of 1981

445.257 Action for damages or equitable relief; amount of recovery; civil fine; attorney's fees and court costs.

Sec. 7.

(1) A person who suffers injury, loss, or damage, or from whom money was collected by the use of a method, act, or practice in violation of this act may bring an action for damages or other equitable relief.

(2) In an action brought pursuant to subsection (1), if the court finds for the petitioner, recovery shall be in the amount of actual damages or $50.00, whichever is greater. If the court finds that the method, act, or practice was a wilful violation, the court may assess a civil fine of not less than 3 times the actual damages, or $150.00, whichever is greater, and shall award reasonable attorney's fees and court costs incurred in connection with the action.

Link to comment
Share on other sites

So are you saying I should leave them out? I am so confused right now. They are suing me for $1500. That means they paid like $50. I am going to countersue them. Let them have to spend the time to fight me back as well as answer my depositon when the time comes. It is in District court. My claims for relief I think I have to include Michigan statutes asa well as Federal or they will motion to dismiss them. I dont want it to be that easy for them. I dont really care about getting money from them but leveraging it so the case they want it to go away. I know they want the easy targets who will just go away. I want to fight them so it at least costs them that much in time and they decide to just quit.

Link to comment
Share on other sites

I'm not the one to ask since:

1) I've never filled one out myself

2) I won't give adivce on how to put a lawsuit together - too much is at stake - especially if you lose.

If you, or any member wants help to research and dig stuff up, I can do that all day long - but that's about how far I'll go.

You were given some great resources. It would be in your best interest to either study that info, contact an attorney, or give up the countersuit. If you're having trouble just filling out the forms, you're going to be eaten alive in court. Gotta take that into consideration.

Link to comment
Share on other sites

txs Doc for the help. I have used the advice I have been given hear. I think I pout together a fairly strong case and counter-case especially since they are trying to cliam "account stated" on an open account and it is not. In fact, I had a feeling they would try that on me so I used their own type of wording in my last letter to them and stated if they do not reply they are waiving their rights. I would rather "through everything at them" and let them spend the time to work on disputing it. They already offered 25% disocunt in their letter which would make the total around $1100. If they bill even the minimal $100/hr. They will eat up that in very little time. They have nothing further to gain. In fact, the more I fight and request information, the worse it is for them cost wise and time. I think they would rather get someone who will not fight as I will. At least I hope. If not, I will be ready to fight them and study up on everything. My problem is I learn everything and then get anxiety and can't speak when the time comes. Txs for your help.

Link to comment
Share on other sites

My problem is I learn everything and then get anxiety and can't speak when the time comes.

That's understandable. Court is this mysterious scary place that was really never meant for us (unless we were in handcuffs). Procedure is the biggest hurdle - your nervousness would be forgiven.

Link to comment
Share on other sites

Txs Doc and everyone for their advice. I know it works because I did it once already successfully. I am hoping I have continued success. I am not saying I have not made mistakes. I sure have. Now I am working on correcting them. I just don't think it is fair someone who paid $50 should be able to completely disregard fair is fair and right is right and then twist things around to hurt those of us who have made msitakes. If my creditor had come to me and said I would sell you this $1200 debt for $50, I would have paid it myself as I am sure we all would have. I think omewhere down the line the cdonsumer shoudl get that right of refusal. ANyways, thanks for your help.

Link to comment
Share on other sites

Golden rule? Don't expect anything out of Michigan as far as consumer protection. You'd be best served going Federal.

REGULATION OF COLLECTION PRACTICES (EXCERPT)

Act 70 of 1981

445.257 Action for damages or equitable relief; amount of recovery; civil fine; attorney's fees and court costs.

Sec. 7.

(1) A person who suffers injury, loss, or damage, or from whom money was collected by the use of a method, act, or practice in violation of this act may bring an action for damages or other equitable relief.

(2) In an action brought pursuant to subsection (1), if the court finds for the petitioner, recovery shall be in the amount of actual damages or $50.00, whichever is greater. If the court finds that the method, act, or practice was a wilful violation, the court may assess a civil fine of not less than 3 times the actual damages, or $150.00, whichever is greater, and shall award reasonable attorney's fees and court costs incurred in connection with the action.

Ummm wait just a min here. I live in Michigan and am putting together

my federal complaint against a well known JDB.

I CAN PROVE pretty much with zero doubt that I have actuall damages

in the $100,000 range. I originally said $60,000 but I was forgetting a important peice of the puzzle.

So are you telling me that I can sue for $300,000 in this case?

and thats just actuall damages and does not include violations

and punitive damages.

Holy Cow!!!!!

Yes thank you Mr. Illeagal JDB for buying me a house.. now I can afford one with a garage!!

Seriously. From what I hear from others the highest amount awarded

in a FCRA case was about $94,000.

I was gonna go pro se... but if you are telling me I can collect 3x the amount then I will hire a lawyer, or perhaps a co-attorney becuase

I do not wish to hand over control to someone else.

Someone please reply because I am getting more geeked over

my case by the minute.

Peace

Rich

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.