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Being sued by Credigy, please help!


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What do you mean you have to have evidence? What is theirs?
Well, nothing more than what I had listed before, but apparently, all they need is someone who has knowledge of the account, and only AFTER they bought the account
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.

I agree, but to respond to thier Avidavit, I have to have an amount that I can say, under oath, that I owe them. I can't say "I owe them $0" or any amount for that matter. If it is proven that I owe them a 'precise' amount, can't I be charged with purjury? I don't think I can make an Avidavit that says "I don't know".

As far as the attorneys wanting to do less work, well, to a point, I mean, they still get paid by the hour....but then again, I'm not sure how this prepaid legal stuff works, but I thought they get paid by the agency or whatever. Regardless, I'm not taking anything as a sure thing right now, because I can't prepare for every little thing that happens. But I do want to do the best things possible.....that can't bite me in the arse later down the road.

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

Yeah, I know, but I doubt they would accept that. :wink:

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This,

I just left a law office about an hour ago to discuss my own credit battles. The attorney I spoke with might possibly be willing to review your case for you if you get your paperwork to him in time. Although he does charge for his services, he also takes cases on a contingency basis. The only way to know for sure is to talk with him.

He's never battled Credigy before, but he does have a history with Assett - and their attornies. He has experience.

After dismissing 3 other attornies (before interviewing this guy), I can testify personally that what the Admin is saying is 100% true. Some lawyers just don't want to get their hands dirty. But this one does.

Once again, PM me for details if interested. I would bet that he would be glad to help.

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Honestly, SRussell, I thank you, but, again, I can't afford a lawyer right now....heck, I'm not sure how I would afford a settlement to tell you the truth. I honestly would have to call in some favors. I don't have to fully take the advice of the lawyers I consult over the phone, but I can use thier knowledge of the courts and the laws. Just to be able to call them up as many times as I want and ask "what does this mean?" is well worth the $25.

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Whew! Well, thanks to admin and her sticky :)% , and to the lawyer for helping me sort everything out, xrulesx I think I have my answer/defenses figured out. Whatcha think?

STATE OF MICHIGAN

IN THE DISTRICT COURT FOR THE 666 JUDICIAL DISTRICT

Credigy Receivables, Inc.,

Plaintiff,

LIE, CHEAT AND STEAL, P.C.

DICK N. STEAL (P*****)

222 WeSmokeCrack Rd., #420

New Hell, Michigan *****

***/***-****

Attorneys for the Plaintiff

vs. Case No. *******

This,

Individually

Defendant, Pro se

Now Comes the Defendant, This and for his answers to complaints made by the above named Plaintiff, Defendant says:

1. That Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

2. That Defendant is an individual and resides in the City of This, MI *****, County of That, State of Michigan

3. That the amount in controversy does not exceed $25,000.00.

COUNT I - BREACH OF CONTRACT

4. That Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

5. That Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

6. That Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

7. That Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

8. That Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

WHEREFORE, Defendant requests the honorable court to dismiss the charges, and award the defendant fees and costs so wrongfully incurred.

COUNT II - ACCOUNT STATED

9. Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, except for Paragraph two (2), and demands strict proof thereof.

10. Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

11. Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

12. Defendant lacks knowledge or information sufficient to form a belief as to the truth of these allegations, and demands strict proof thereof.

WHEREFORE, Defendant requests the honorable court to dismiss the charges, and award the defendant fees and costs so wrongfully incurred.

Now Comes the Defendant This, and for his affirmative defenses, Defendant says:

As and for a First Defense

Plaintiff failed to state a claim upon which relief can be granted.

As and for a Second Defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

As and for a Third Defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

As and for a Fourth Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

As and for a Fifth Defense

Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

As and for an Sixth Defense

Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

As and for a Seventh Defense

Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

As and for a Eighth Defense

Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

As and for an Ninth Defense

The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

As and for a Tenth Defense

Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.

As and for an Eleventh Defense

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

As and for a Twelfth Defense

Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

As and for a Thirteenth Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE, Defendant requests the honorable court to dismiss the charges, and award the defendant fees and costs so wrongfully incurred.

Wow.....well, there ya have it, any input/criticism appreciated.

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I agree, but to respond to thier Avidavit, I have to have an amount that I can say, under oath, that I owe them. I can't say "I owe them $0" or any amount for that matter. If it is proven that I owe them a 'precise' amount, can't I be charged with purjury? I don't think I can make an Avidavit that says "I don't know".

As far as the attorneys wanting to do less

Yeah you can. You owe THEM nothing. They have to PROVE they bought your debt. They just can't have someone swear they bought it!!! Lets say I sue you saying I bought your mortgage. I would have to prove that I bought it from ABC Mortgage. I couldn't hire somebody to say "Yes, I have personal knowledge that what Avenger says is true". A) You would have the right to cross examine that person. B) You have the right to say "Without proof, I owe them nothing!"

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Okay! Answer filed! The court clerk actually took care of everything for me, including making copies, and sending a copy to the plaintiff....I didn't know they did that! Now I have to wait for my pre-trail.

Yeah you can. You owe THEM nothing. They have to PROVE they bought your debt. They just can't have someone swear they bought it!!! Lets say I sue you saying I bought your mortgage. I would have to prove that I bought it from ABC Mortgage. I couldn't hire somebody to say "Yes, I have personal knowledge that what Avenger says is true". A) You would have the right to cross examine that person. B) You have the right to say "Without proof, I owe them nothing!"

Crap, does that mean I should have gotten an Affidavit that said "to the best of my knowledge, I have no debt to Credigy"? Is it too late now that I've filed my answer?

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Okay! Answer filed! The court clerk actually took care of everything for me, including making copies, and sending a copy to the plaintiff....I didn't know they did that! Now I have to wait for my pre-trail.
Yeah you can. You owe THEM nothing. They have to PROVE they bought your debt. They just can't have someone swear they bought it!!! Lets say I sue you saying I bought your mortgage. I would have to prove that I bought it from ABC Mortgage. I couldn't hire somebody to say "Yes, I have personal knowledge that what Avenger says is true". A) You would have the right to cross examine that person. B) You have the right to say "Without proof, I owe them nothing!"

Crap, does that mean I should have gotten an Affidavit that said "to the best of my knowledge, I have no debt to Credigy"? Is it too late now that I've filed my answer?

Maybe not. does anybody else know if he can file an amended answer?

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Well, I did say that I reserved the right to ammend my answer...would I need to do that to introduce an Affidivit? Introduce it as evidence? Or would that bbe something to bring to my pretrial? Crap, just when I thought I could breathe for a minute. :?

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  • 1 month later...

Okay, update time...pre-trail is coming up, and it's starting to scare me again. That and it just happens to be on my birthday! :evil: Nothing I can do about it though. I think the thing that scares me the most is the fact that I am not a very speech-oriented person, and I can see myself just falling apart in front of the judge. Especially trying to plead my case for defenses that I'm not really sure about, they're just ones that the lawyer suggested I put in. I'm not sure if I'll know what to tell the judge when he asks me about my reasoning behind them.

I asked about the avidavit, but the lawyer assured me that my answer was about the only way to counter the avidavit without a set amount according to Michigan law. I have no clue how this is going to go.....and the unknown is always the scariest. :-00

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  • 1 month later...

Well, it's safe to say that I over reacted on the pre-trial, what a breeze that was...just cause nothing really happened. The magistrate handled everything, and explained everything that was going on. Funny thing is, the lawyers didn't even show up, they paid some local lawyer $100 to show up for them. Which was fine with me, he was a hell of a lot nicer and more forthcoming than the guy I first talked to on the phone. In fact he, and even the magistrate, couldn't figure out why they hadn't tried to work with me on a settlement. Anyways, we started on a 60 discovery period, and the whole thing took about 10 mins.

Now, because of a lot of things hitting me on a personal level, I did not jump the gun and work out how to go about this discovery process. But, I did get a package in the mail with, a request for admissions, and a list of interrogatories. The admissions, okay, piece of cake, they just want me to say that all of their charges are true....yeah right. :p The interrogatories however, is a little more complex...heck, I won't post the entire thing, but they break down all my defenses, and want me to go into detail about: why I am arguing this defense, evidence to support my claims, witnesses that have knowledge....etc. I sent like 35 pages to the lawyer that I had been counseling with, and wouldn't you know it, it goes a little farther than what he's able to help me with, without representing me.

Okay, so now what? My partial-atty. recommends offering a settlement of $2000. Fine, so I authorize him to write a letter on my behalf (you know, hoping having an atty of my own on the letterhead puts some pressure on them) offering the settlement. I just got the reply a couple days ago...they rejected my offer, and said the lowest they can go is $6200. WTF? That's a settlement?

Now I'm stressed. I decided to use my membership to hire a lawyer in my area, and because of my discount, he'll charge $100 an hour. Problem is, I put all my faith in the settlement, and the admissions and interrogatories said I needed to respond in 28 days. Is that legally binding? What if I can't answer in time? Does that mean I automatically admit to everything they said? I have to call the lawyer tomorrow to set an appointment to even sit down with him for the first time, so it's going to be at least a few days before he can let me know what my options are. The date postage stamped on their envelope says July 31, but I didn't even get it until the 4th...I don't know whether to try to answer them on my own, or wait and hope for my atty. Anyone know the common practice time table for this sort of thing?

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