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Being sued in Michigan for a Florida debt. Need help


kwells
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I need help preparing for court. I am being sued for a debt incurred in Florida, I am being sued in Michigan. The debt originated in July of 1996 with the last payment being made sometime in 1997. I pulled a credit report in August of 2005 and there was nothing on the credit report in reference to this debt. I received the summons in early December 2005 and I replied stating that the debt is past the SOL (even if they use Michigan SOL, as worst care senario, the SOL is 6 years).

My problem is, I need help preparing for court so that I do not have a judgement levied against me. My court date is Jan. 30, 2006. I do not have any of the original paper work and I do not know the exact date that the last payment was made on the account. I do know that I moved to Michigan in Jan of 1998. Any help offered is greatly appreciated.

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If you live in MI, that is where they have to sue you.

The SOL is a complete defense. The plaintiff has the burden of proof so it should be ready to say when the debt was incurred and how it arrives at the balance it is seeking. You can get all that in discovery, and it might not be too late to receive it if you ask the plaintiff. Ask for all documents the plaintiff intends to offer as evidence in its case at the trial, including statements, correspondence, and a print out showing all charges and payments.

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