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Being sued by Credigy, please help!


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Hi, first I want to thank everyone upfront, this site has taught me so much in so little time, I only wish I'd found it sooner, then maybe I wouldn't have so much difficulty. I live in Michigan, and I'm being sued by Credigy for about $7K. I received a letter from thier lawyers in December, and I had no idea who this "Credigy" was...so I looked them up on the internet, and did not like what I found (Bud Hibbs' site, for example). Thinking it was a scam, I ignored them (dumb, I know), and turned my attention to my other debts, and am happy to say that I have taken care of all of them, save this one. Obviously now the situation has taken a dire turn as I was served a Summons and Complaint two weeks ago, tomorrow. Safe to say, it scared the hell out of me, and now has my undivided attention. Turns out, this stems from an old Accociates card that I had, ran into problems, got defaulted, got sold to First select (I stopped dealing with them after getting lied to and cheated every step of the way) Now Credigy alleges to own this account, though I'm still wary of them...with good reason. The problem is, I just spent all my money squaring my other debts away, so my options are limited. I tried calling the lawyer...big mistake, for he just yelled at me, told me to follow the instructions on the summons, and hung up on me. I tried contact a lawyer off the NACA site, but I cannot even afford $175 an hour with a $600 retainer. I have one week left to file my answer, and I'm hitting some snags. I have tried to use as much as I can from this site, but some things I'm just not sure how the Michigan laws apply, and I have trouble deciphering the jargon in the Michigan Legislature.

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1. Who is suing you?

Credigy Recievables

2. For how much?

$7,000

3. Who is the original creditor?

Associates

4. How do you know you are being sued?

Complaint and Summons was served to my house

5. How were you served? Were you served?

Guy showed up on my doorstep

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

Was sent a letter from the attorneys in December.

7. Where do you live?

Michigan

8. When is the last time you paid on this account?

Not sure...They claim I made a payment in 2002, but I cannot verify that. Account was charged off in 2001.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Was served with the summons, a case # has been assigned, awaiting my answer.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No, unfortunately. I did not know about DVing or anything like that before. Hindsight is always 20/20....

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No.

13. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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.

Count I - Breach of Contract

4. That Plaintiff (or predecessor) at the request of defendant, opened a retail charge account for Defendant.

5. ...sent to Defendant a copy of the retail charge aggreement, which agreements sets forth the terms of said retail charge account, which agreement is in the possession of the Defendant, persuant to MCR 2.113 based upon Plaintiff's reasonable information and belief.

6. That defendant did charge purchases to and/or did obtain credit services on said charge account, and Plaintiff (or predecessor) did send monthly statements to Defendant showing the computation on the balance due on said account and requesting payment, but defendant(s) have not paid off said account and are in default. (See attached exhibits)

7. There is due and owing on the account the sum of ...... together with legal interest and cost applicable thereto.

8. As near as the undersigned can estimate the same, over and above all legal counterclaims, there is due .......

WHEREFORE, Plaintif prays that Judgement....

Count II - Account Stated

9. Plaintiffs hereby incorporates each of the foregoing Paragraphs one (1) through eight (8) of this Complaint as though same were fully set forth herein

10. Plaintiff has completed performance, but Defendant has failed to pay for same.

11. This account has become an account stated.

12. An affidavit stating the amount due on this account as nearly can be estimated, together with a copy of the account is attached hereto as Exhibit 1

WHEREFORE, Plaintiff prays that Judgement be entered.....

14. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Well, let's see....we have: an Account Verification Statement, with Credigy's Letterhead; something that looks like a printout from a computer screen with basic account info; an Affidavit saying that the lawyer deposes I owe the money, signed by the notary public acting in Oakland MI; the account agreement from First Select (not a contract, but basically says that they bought the Accociates account); and a suspicious looking Bill of Sale with no account info, saying that Credigy bought "Acquired Assets" from First Select.

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Honestly, I have no problem with having to pay my debt. The problem lies within the fact that:

1. I had never heard of Credigy before now, and I don't know if I can trust them. Yes, they seem to have bought my account, and are something of a legitimate company if they are able to sue me over this, but beyond that, I don't trust them.

2. I have no proof that the amount that they say I owe is completely legit.

3. They are now refusing to talk with me except through the courts, and I know my defenses are limited, but I don't want to get handed a default judgement.

I have been trying my best to come up with my answer, but some of the details (discovery, evidence, procedure, that account stated really baffles me) are as much as I can figure, a little harder to press than some that I've seen. If anyone can help me sort out this mess, it would be most appreciated.

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"8. When is the last time you paid on this account?

Not sure...They claim I made a payment in 2002, but I cannot verify that. Account was charged off in 2001. "

When in 2001? Charge off usually occurs 6 months after default. For the sake of argument, if it was CO Jan 01, back it up 6 months, you get Jun 00. Add 6 yrs for MI and you come up with Jun 06 as your SOL date. So no matter how you slice it, it is still inside SOL...they probably filed it now to beat the SOL.

They claim a payment in 2002 to bolster their "its not close to SOL argument"....they will often lie about this kind of stuff.

The notarized statement is insufficient. They must PROVE when you made your last payment, what the balance was then, charges accrued since then, etc.

YES, you need to request discovery. I would call Associates because you don't have time to wait, and any other OC in the chain to get the exact date of your last payment, balance, etc.

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here is a copy of my discovery request, it may be enough to make them go away. I beat them back, without a lawyer on retainer. I had the option of calling several lawyers to get a good idea of what I needed to do, but that was a fluke according to several other posters. But, this may help you with doing discovery.

The key to Credigy is that they don't want to deal with someone who fights them in court. They pay their "rent-a-lawyer" associates to go down to the courthouse per day, and if that lawyer can get several judgments rendered in one day, then they can enforce a previously un-enforceable debt. Depending on the laws in your state, they can take certain assets. This is what they want to do, since they paid pennies for your debt, and most likely cranked up the amount owed by 3X's (like they did to me). So, if you can bog them down with hearing requests, motions to compel discovery (because they will NOT provide what you ask for, most likely they will IGNORE it hoping you were bluffing), and motions for summary judgment (if applicable in your state).

Follow your local courts rules, and make them work to get you. They will drop you off faster than you can blink. But don't worry, I have been there, and I can help a little.

Here is my discovery. Amend it as needed to fit your circumstance. Have you filed your answer yet?

Cause XXXXX

CREDIGY RECEIVABLES, INC. ) IN THE COUNTY COURT

Plaintiff )

)

vs. ) AT LAW NO. 1

)

Avenger against Scumbags )

Defendant ) XXXXXXXXXXXX

PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS

To: Credigy Receivables, Inc., by and through its attorney, Dumbass & Dumbass, Stewart & Associates, P.C., Post Office Box 2629, Suwanee, GA 30024.

Pursuant to the My State Rules of Civil Procedure, the Defendant Avenger Against Scumbags requests that the Plaintiff Credigy Receivables, Inc. produce and permit his attorney to examine and make copies of the following designated documents that are in the possession, custody or control of said Plaintiff within thirty (30) calendar days of service of these Requests, in accordance with the Definitions and Instructions set forth herein.

I. Definitions

1. The term “Plaintiff” shall refer to Credigy Receivables, Inc., a Nevada corporation that is the named Plaintiff in the Lawsuit, as that term is defined herein.

2. The term “Avenger” shall refer to Avenger Against Scumbags, a natural person who is a resident of the State of My State and who is the named defendant in the Lawsuit, as that term is defined herein.

3. The term “Lawsuit” shall refer to that certain civil lawsuit initiated by Credigy Receivables, Inc., as Plaintiff, against Avenger Against Scumbags, as Defendant, in County Court at Law Number 1 in and for My county County, which bears cause number XXXXX.

4. The term “Original Charge Account” shall refer to that certain revolving charge account that Avenger had opened and maintained with DiscoverCard Financial Services, which account bore number #########.

5. The term “Disputed Account” shall refer to that certain credit card collection account bearing number ###########.

6. The term “person” shall include the plural and the singular, and shall refer to an individual, corporation, partnership, trust, incorporated or unincorporated association, joint venture, joint stock company, limited liability company, federal, state, county or municipal government or an agency or subdivision thereof, or any regulatory commission organized under the laws of the United States of America.

II. Instructions

1. Failing mutual agreement of the parties regarding the date, time and place of production, you are to produce and deliver true, complete and legible copies of all of the enumerated documents to Avenger Against Scumbags, Defendant pro se, at ### Street Xx, City, My State zip on or before the expiration of thirty (30) calendar days from the date on which your attorney receives these Requests.

2. The documents shall be produced as they are kept in the usual course of business and shall be labeled to correspond with the paragraph and/or subparagraph to which they are responsive.

3. In producing documents, you are to furnish all documents that are presently known or available to you, regardless of whether such documents are in actual or constructive possession, custody or control by any of your family members, employees, personal representatives, attorneys, accountants or bookkeepers.

4. The terms possession, custody and control include constructive possession such that the person need not have actual physical possession. As long as the person has a superior right to compel the production from a third party, including an agency, authority or representative), that person has possession, custody or control.

5. All enumerated documents are to be produced in a complete, un-redacted, unexpurgated state. If, however, any of the documents cannot be produced in full, you shall produce the same to the fullest extent possible, specifying each and every reason for your inability to produce the remainder and stating, with particularity, what information, knowledge or belief you do possess concerning the un-redacted portion.

6. If any requested document cannot or will not be produced in full, you are to produce that document to the extent possible and to respond, in writing, all of the reasons why the remainder of the document in question is not being produced. This written response is to be filed with the Court and served upon the Defendant pro se. You are also requested to submit to the Court and Defendant pro se a written listing of the documents not being produced with sufficient descriptions so that the Court and the Defendant pro se are each able to determine whether a motion to compel is appropriate and whether an in camera inspection is needed to test the validity of any claimed privilege or other reason for non-production.

7. If any of the enumerated documents were in existence at one time but are no longer so, then specify for each document:

(a) the type of document no longer in existence;

(B) the type of information contained therein;

© the date upon which the document ceased to exist;

(d) the circumstances under which the document ceased to exist;

(e) the identity of all persons having knowledge of the circumstances under which it ceased to exist; and

(f) the identity of all persons having or who had knowledge of the contents thereof.

8. File folders with tabs or labels identifying requested documents should be produced intact with the document.

9. Selection of documents from the files and other sources should be preformed in such a manner as to insure that the source of each document may be determined.

10. Documents attached to each other should not be separated, unless sufficient records are kept to permit reconstruction of the groupings.

11. These document production requests are continuing in nature. All documents that are covered by these requests but which are not presently in existence or are not within the scope of your knowledge must be immediately produced as soon as they come into existence or come to your attention. This supplemental production is to be done in conformity with the definitions and instructions contained herein.

III. Documents to be Produced

1. The original application for credit submitted by Avenger in connection with the creation of the Original Charge Account.

2. The original revolving charge agreement between DiscoverCard Financial Services, Inc. and Avenger pertaining to the Original Charge Account, together with any and all changes thereto.

3. Any and all monthly statements issued by DiscoverCard Financial Services, Inc. to Avenger for the Original Charge Account.

4. Any and all notices and correspondence issued by DiscoverCard Financial Services, Inc. to Avenger pertaining to the Original Charge Account.

5. The contract or agreement, together with any and all supporting exhibits, evidencing the sale and purchase, assignment, or transfer of all right, title and interest of DiscoverCard Financial Services, Inc. in the Original Account to First Select Corporation.

6. Any and all documents evidencing the payment of consideration by First Select Corporation to DiscoverCard Financial Services, Inc. for the alleged purchase, assignment or transfer of the Original Account from DiscoverCard Financial Services, Inc. to First Select Corporation.

7. Any and all documents which evidence a contract by and between First Select Corporation and Avenger.

8. Any and all documents which show, reflect, or otherwise evidence an agreement on the part of Avenger to enter into a contract or other agreement with First Select Corporation.

9. Any and all monthly statements of account issued by First Select Corporation to Avenger for the Disputed Account.

10. Any and all notices and correspondence issued by First Select Corporation to Avenger pertaining to the Disputed Account.

11. The contract or agreement, together with any and all supporting exhibits, evidencing the sale and purchase, assignment, or transfer of all right, title and interest of First Select Corporation in the Disputed Account to the Plaintiff.

12. Any and all documents evidencing the payment of consideration by the Plaintiff to First Select Corporation for the alleged purchase, assignment or transfer of the Disputed Account from First Select Corporation to the Plaintiff.

13. Any and all documents which evidence a contract by and between Plaintiff and Avenger.

14. Any and all documents which show, reflect, or otherwise evidence an agreement on the part of Avenger to enter into a contract or other agreement with Plaintiff.

15. Any and all statements of account issued by Plaintiff to Avenger for the Disputed Account.

16. Any and all notices and correspondence issued by Plaintiff to Avenger pertaining to the Disputed Account.

17. The engagement letter or other contract signed by Plaintiff with its attorneys regarding the Lawsuit.

18. All statements or bills issued by the Plaintiff’s attorneys to Plaintiff for services rendered in the Lawsuit.

19. All canceled checks, money orders or payment receipts reflecting the payment of attorney’s fees and/or court costs by Plaintiff in the Lawsuit.

Respectfully submitted,

AVENGER AGAINST SCUMBAGS, Defendant Pro Se

### Street Xx

City, My State zip

Telephone (XXX) xxxxxx

_______________________________

Avenger Against Scumbags

Certificate of Service

On this ________ day of September, 2005, the undersigned served a true and complete copy of the Defendant’s First Set of Requests for Production of Documents upon Plaintiff’s attorney, Kyle L. Dumbass, by U.S. Certified Mail, Return Receipt Requested and First Class Mail, postage pre-paid, addressed to Stewart & Associates, P.O. Box 2629, Suwanee, GA 30024.

_______________________________

Avenger Against Scumbags

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Good stuff, Avenger.

Now on to what they provided you - this is my take:

Well, let's see....we have: an Account Verification Statement, with Credigy's Letterhead; something that looks like a printout from a computer screen with basic account info; an Affidavit saying that the lawyer deposes I owe the money, signed by the notary public acting in Oakland MI; the account agreement from First Select (not a contract, but basically says that they bought the Accociates account); and a suspicious looking Bill of Sale with no account info, saying that Credigy bought "Acquired Assets" from First Select.

  • Account Verification Statement - is hearsay, and means nothing.
  • Affidavit saying that the lawyer deposes I owe the money, signed by the notary public acting in Oakland MI - is hearsay, and means nothing
  • the account agreement from First Select (basically says that they bought the Accociates account) - what you need is something from Associates saying they sold the account to First Select, not the other way around. What they gave you is similar to our old bogus friend, the affadavit of account.
  • Bill of Sale with no account info, saying that Credigy bought "Acquired Assets" from First Select - this could mean they bought a portfolio of accounts from First select and not your specific account.

I'd say they did not:

a) prove a chain of ownership of the account from Associates to Credigy and therefore lack the legal capacity to sue.

B) prove any kind of proof on how the debt was calculated. In other words what transactions were carried out between you and Associates that would prove the debt amount.

On your answer:

Items 4-12 are basically: "Defendent does not have sufficient knowledge to either admit or deny the allegations and demands specific proof."

I would also include as your affirmative defenses, you can state that the Plaintiff lacks the legal capacity to sue, this has not been proven.

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Thanks guys, I appreciate your help!

I tried tracking down Associates, apparently they were bought out by Citibank. Tried calling them, all I got was a recorded message saying to call Arrow, which was just a company collecting on behalf of Assoc., which tells you how well they update thier systems. They refuse to talk to me about the account, since it was sold off. I wish I had everything in my account history, but unfortunately, I believe a lot of it was distroyed when our basement flooded. I actually have no idea when it charged off, in truth, I just got that off of the Credigy verification statement. It says it was charged off Dec 25, 2001...but yeah, who knows if it's true or not. I'm not trusting anything these guys say, but I pretty sure I don't fall into the SOL anyways. I agree that they don't have squat worth of evidence, and I was definately planning on filing discovery, but then I came upon this:

Rule 2.302 General Rules Governing Discovery

(A) Availability of Discovery.

(1) After commencement of an action, parties may obtain discovery by any means provided in subchapter 2.300 of these rules.

(2) In actions in the district court, no discovery is permitted before entry of judgment except by leave of the court or on the stipulation of all parties. A motion for discovery may not be filed unless the discovery sought has previously been requested and refused.

(3) Notwithstanding the provisions of this or any other rule, discovery is not permitted in actions in the small claims division of the district court or in civil infraction actions.

Now maybe I'm reading this wrong, but why do I have to wait for a judgement first? Do I really need permission from Credigy to get discovery? That is a serious blow against me if that true, cause I'd be willing to bet that they would flatly refuse.

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hmmm.... interesting. Maybe you need to look into bumping it up into civil court. is that possible?

Plus: LOOK AT YOUR CREDIT REPORT. THE ORIGINAL CREDITOR SHOULD STILL BE ON THERE, AND IT WILL SAY WHEN IT CHARGED OFF. THE SCUMBAGS CAN ONLY CHANGE THEIR OWN ENTRY, NOT THE OC.

WWW.ANNUALCREDITREPORT.COM is your free resource for all 3 reports. Check it NOW to see if you are outside the SOL or not.

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Also, found an interesting tidbit in regarding account stated and avidavit rules in Michigan

600.2145 Open account or account stated; proof, counterclaim.

Sec. 2145.

In all actions brought in any of the courts of this state, to recover the amount due on an open account or upon an account stated, if the plaintiff or someone in his behalf makes an affidavit of the amount due, as near as he can estimate the same, over and above all legal counterclaims and annexes thereto a copy of said account, and cause a copy of said affidavit and account to be served upon the defendant, with a copy of the complaint filed in the cause or with the process by which such action is commenced, such affidavit shall be deemed prima facie evidence of such indebtedness, unless the defendant with his answer, by himself or agent, makes an affidavit and serves a copy thereof on the plaintiff or his attorney, denying the same. If the defendant in any action gives notice, with his answer of a counterclaim founded upon an open account, or upon an account stated, and annexes to such answer and notice a copy of such account, and an affidavit made by himself or by someone in his behalf, showing the amount or balance claimed by the defendant upon such account, and that such amount or balance is justly owing and due to the defendant, or that he is justly entitled to have such account, or said balance thereof, set off against the claim made by said plaintiff, and serves a copy of such account and affidavit, with a copy of such answer and notice, upon the plaintiff or his attorney, such affidavit shall be deemed prima facie evidence of such counterclaim, and of the plaintiff's liability thereon, unless the plaintiff, or someone in his behalf, within 10 days after such service in causes in the circuit court, and before trial in other cases, makes an affidavit denying such account or some part thereof, and the plaintiff's indebtedness or liability thereon and serves a copy thereof upon the defendant or his attorney, and in case of a denial of part of such counterclaim, the defendant's affidavit shall be deemed to be prima facie evidence of such part of the counterclaim as is not denied by the plaintiff's affidavit. Any affidavit in this section mentioned shall be deemed sufficient if the same is made within 10 days next preceding the issuing of the writ or filing of the complaint or answer.

Okay, this still makes my head spin, but apparently prima facie means "in first view". So, they recieve the affidavit, and assume it's evidence? And I have to dispute it with my own affidavit?

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They still don't have legal capacity to sue - where is their chain of ownership?

The affadavits are still hearsay.

What admin said is true. Affidavits ONLY ensure somebody will not committ perjury, it is hearsay.

Check this out: Affidavit

From Wikipedia, the free encyclopedia

Jump to: navigation, search

An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant), and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for he has declared upon oath.

One use of affidavits is to allow evidence to be gathered from witnesses or participants that may not be available to testify in person before the court.

In American jurisprudence, under the rules for hearsay, admission of an unsupported affidavit as evidence is unusual (especially if the affiant is not available for cross-examination) with regard to material facts which may be dispositive of the matter at bar. Affidavits from persons who are dead or otherwise incapacitated, or who cannot be located or made to appear may be accepted by the court, but usually only in the presence of corroborating evidence. An affidavit which reflected a better grasp of the facts close in time to the actual events may be used to refresh a witness' recollection. Materials used to refresh recollection are admissible as evidence. If the affiant is a party in the case, the affiant's opponent may be successful in having the affidavit admitted as evidence, as statements by a party-opponent are not considered hearsay.

Some types of motions will not be accepted by a court unless accompanied by an independent sworn statement or other evidence, in support of the need for the motion. In such a case, the court will accept an affidavit from the filing attorney in support of the motion, as certain assumptions are made, to wit: The affidavit in place of sworn testimony promotes judicial economy. The lawyer is an officer of the court and knows that a false swearing by him, if found out, could be grounds for severe penalty up to and including disbarment. The lawyer if called upon would be able to present independent and more detailed evidence to prove the facts set forth in his affidavit.

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Okay, checked my credit report, and according to Transunion, this account is listed under Providian (First Select, basically). The OC isn't even listed. It also says that the high balance was $3628, whereas Credigy is claiming the charge off amount was $3703. Regardless, it says the account was started in Jan of '02, one month after the charge off date....and they closed the account May of '03. Thing is, the bill of sale says Credigy bought the account Dec of '02. Lots of weird stuff...

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But, you have to move to strike them down as evidence for them to be thrown out.

Ah, okay, I understand, now, thanks

Here's another thing, my credit report has an address I've never lived at...and when I tried to get Experian's report, it had me answer multiple choice question that contained facts (car history, loans) that had nothing to do with my account....but nothing was listed in the Transunion that I could not relate to, save the address...how do I fix this?

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Here's another thing, my credit report has an address I've never lived at...and when I tried to get Experian's report, it had me answer multiple choice question that contained facts (car history, loans) that had nothing to do with my account....but nothing was listed in the Transunion that I could not relate to, save the address...how do I fix this?

That's just basic credit repair iwth the dispute technique.

Just file your answer, but you may encounter a fight - you are not out of the woods yet. Just be prepared.

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Okay, I can't even get my report for Experian, for I can't verify my identity because the questions made to verify my identity are based on false info....great. Did check Equifax though, and what do you know? Still no OC, this time it's listed under First Select with a $0 balance.....no other sign of the account. Now I'm really wary....although I have no way of getting ahold of First Select to verify anything....bah.

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Maybe you need to look into bumping it up into civil court. is that possible?

Well, I am in civil court, I found out that small claims has a limit of $3000, whereas General Civil goes up to $25,000.

(2) In actions in the district court, no discovery is permitted before entry of judgment except by leave of the court or on the stipulation of all parties. A motion for discovery may not be filed unless the discovery sought has previously been requested and refused.
is the part that really gets me. Is demaning proof in my answer going to be sufficient in getting them to provide "true" evidence?
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Okay, little bit of an update....I just got signed up under this prepaid legal thing, and now I'm able to get free consultations with an attorney, though because it's a pre-existing case, I will only get a discount on attorney fees if I actually need them to go to court with me....anyways, just got talking with the lawyer, and I learned a few interesing things about how Michigan courts work. First, I am not going to be able to request any kind of discovery until I get to pre-trail. Even though I am not in Small claims, I am still in District court, and a motion for discovery can only be filed in circut court (and no, I can't get it bumped up either) :? If we go before the judge in pre-trial, then I can request the judge to demand more proof as to verify the allegations. It is at the judges discretion to agree, however, the lawyer said he has never heard of the judge flatly denying before. Second, Credigy will be under no obligation to provide any documentaion pertaining to the account prior to thier purchace of the account. :shock: $#*%!!! What kind of crap is that? Yeah, well, I guess now the only thing I can make them prove is the amount owed at the time they purchaced account, and the calculations that brought them to the amount they are now suing me for. What a great state I live in. :x Crap, there is so much stuff I forgot to ask him, I was such a mess when I called him, I was stumbling over everything. When we first called the court and talked to the clerk, she advised to file the answer, then she would decide whether or not to bring the case before the judge, or to send it back to the attorneys and say you guys work it out. Has anyone dealt with that before? What would be legal status of the case if that were to happen? I get to call him as many times as I want, so I will probably call him again tomorrow, of course I can't even remember everything I forgot to ask him. Arrgh, I'm such a mess, I feel this closing in on me, and I'm not really able to think straight. If anyone can think of things that I should bring up tomorrow, please, feel free to post....I need to go calm down for I'm starting to get a really bad headache from all this. :cry:

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This,

I am also in Michigan and dealing with Credigy too. I haven't been served (yet), but I just found what I beleive is a good attorney (from NACA) who isn't cheap (what attorney is?), but is reasonable. He will charge according to work performed, not that "$600.00 up front retainer, then $200.00 per hour" crap. He was upfront with his fees, and what he would / could do for me.

PM me and I will give you more info. Talking to him over the phone is free... who knows what could happen? Maybe something could be worked out and he will take your case.

Please keep your head up. All this will pass. You (we) may not laugh about it in hindsight, but you WILL get through this.

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Thanks, SRussell, but even a "reasonable" attorney is out of my price range right now. The plan I am on would allow me to get an attourney for as low as $100 an hour, but I would have to borrow money just to pay the bill. I appreciate it though. At least I can call the lawyer as many times as I want to for advice, if this thing actually does get ugly....well I'll cross that bridge when I get there. I actually was able to get past the security, apparently all three CRAs have the same wrong address, so that helped. EX actually has it listed as a Providian account listed as an account in good standing (imagine that), with a high balance, but no record of a payment....and it has been "transferred, closed". Again, this the only listing of this account.

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Update- I called and had a long talk with the consulting attorney for me, and thankfully, I was much better prepared. I learned a lot more about Michigan courts, and although a lot of my defenses got shot down, I did come out with a good understanding of what my course of action should be. And I guess, it's not Michigan courts in general, but because I am in District court, and have no way to bump it up to a higher court, save filling an appeal if I lose, my options are pretty limited. I could try to have the evidence stricken, but the courts have a history at taking them at their word, unless I refute it, but I have to have evidence to refute it. I can't have the Avidavit stricken unless I file my own Avidavit refuting thier amount. And since I can't say under oath that I owe them a certain amount, I'm pretty screwed on the "account stated". After long consideration, and under advice from the attorney, I've decided to offer a settlement. The attorney's office will write and send the letter for me, but I need to let them know how much I authorize and the terms I'm seeking....how much should I offer? They are seeking almost $7K. The lawyer did agree that I could put Lack of Privy/Lack of Contract as one of my defenses, but I have to call him back today, cause I forgot to go over some of the other defenses that I can still tack on to my answer to kind of "beef" it up to put more pressure on Credigy to settle, so I will have to see how that goes.

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This, I'm truly sorry you decided to just turn this over to an attorney. I could have predicted that this would be the outcome - the lawyer just telling you you have no case. That's why, Avernger, I really recommend against getting a lawyer right off the bat.

You DO have a case, though it will require a little work. I would still fight this, though I understand that you may be exhausted at this point.

I could try to have the evidence stricken, but the courts have a history at taking them at their word, unless I refute it, but I have to have evidence to refute it.

What do you mean you have to have evidence? What is theirs?

I can't have the Avidavit stricken unless I file my own Avidavit refuting thier amount. And since I can't say under oath that I owe them a certain amount, I'm pretty screwed on the "account stated".

The burden of proof is on them. If you don't fight, then you are just demurring on their evidence. Demurring means that you are not saying it is incorrect, so the court assumes that what they say is the truth.

After long consideration, and under advice from the attorney, I've decided to offer a settlement. The attorney's office will write and send the letter for me, but I need to let them know how much I authorize and the terms I'm seeking....how much should I offer?

Of course that's what the attorney would say - it's less work. This makes my blood boil.

They are seeking almost $7K. The lawyer did agree that I could put Lack of Privy/Lack of Contract as one of my defenses, but I have to call him back today, cause I forgot to go over some of the other defenses that I can still tack on to my answer to kind of "beef" it up to put more pressure on Credigy to settle, so I will have to see how that goes.

Since they paid 7 cents on the dollar tops, you decide.

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Hey, now, it was me that decided, when I first got this handed to me, to seek a lawyer. Then I found you wonderful people, and I am very grateful. I didn't hire a lawyer, but I did need someone who could tell me how different agruements could be made in Michigan Courts. I am getting a little better at dicyphering all the legal jargon, but I am no expert...so paying $25 a month for unlimited consultations with a Michigan lawyer with exeriance in these types of cases seemed like a great deal to me. Now, yes, I am very exhasted, but I if I do have a case, I will press it. But I am however running out of time. I need to have my answer in time, or I'm screwed. I was served May 17, so I have less than two days. Do I need to have all my defenses attached to my answer? Should I file a Motion to dismiss along with my answer, and will they even let me? I am taking all advice given to me, but I am intimidated, and I don't want what happened to iwanttogetthem.

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=282704&highlight=#282704

But, everything that I've heard from the lawyer, this is how they work. If I go in there, and have my entire case shredded before me, I'll end up owing the full amount they are seeking. And maybe it's just me freaking out, but that's why I considered the settlement idea. I don't know, this was supposed to be the day I filed everything, cause it's my last day off this week, but if I'm not ready........I don't know what to do. ::drowning::

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