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lordon

For those who have been sued or recieved a judgement

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Just wondering foe those who have been sued or a judgement rendered what length of time it took to get to that point and who the creditors where? maybe this should have been a poll.

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I currently reside in Michigan and have been sued by a collection attorney:

Name and Address of firm:

Timothy E. Baxter and Associates

P.O. Box 2669

Farmington Hills, MI 48333

Attorney is trying to sue on Breach of Contract, Implied Contract and Account stated and is representing a collection agency, Velocity Investments, who is not even the original creditor.

Under Michigan Contract law though, you can not sue for both express and Implied contract under the same suit.

Was wondering thought if it would be legal for the attorney to sue for Account Stated in Michigan because the Attorney is not representing the original creditor? Any help would be greatly appreciated.

Have Trial set for May 24, 2007 in 35th district court in Plymouth , Michigan

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Attorneys can sue for CA's. I had one try to sue me 3 times (Weber Olcese--also in Farmington Hills) for Portfolio on a Household Account that had been paid two years earlier. Portfolio got it AFTER it was paid.

Whatever you do GO TO COURT! Even if they are WRONG and they tell you that they'll drop the suit....GO TO COURT! They tell people that so ya don't show up and they get an automatic Default Judgement.

DON"T TALK TOO MUCH IN COURT! Tell the judge that you don't even know if the debt is yours and that these people have been hounding you even though you asked them to validate the debt. DON"T TRY TO TALK LIKE A LAWYER--as a matter of fact--a little bit quietly confused works best. If the attorney brings up the OC, act like you don't know--you can't recall ever doing business with them...that's why you need some sort of proof. If you spoke to anyone at the CA or the attorney's office, tell the judge that you asked them to send you something with some sort of proof that the debt is yours and all they did was send you a bill that didn't explain anything. You don't know what to do....

Lots of judges see these types of attorneys preying on people EVERY day in court...I get the impression that the judges really don't like or respect them very much...especially the ones who are in court a lot. (Go to the court's website and search cases--enter the attorney's name or firm and see how many cases pop up. You can't view the case itself, but it should show the name of the plaintiff (CA) the attorney reping them, the defendant and if the case is closed--the judgement. Defaults usually mean the defendant didn't show up. Judgement for the Plaintiff means they won, Dismissed without/with Prejudice means the Defendant won...but without Prejudice means the CA/Attorney can sue you again. WITH Prejudice and they can't try to get you again. Added positive, even if the CA sells the account to another CA and tries to sue you again--the court will usually (90% of the time) uphold any prior judgments regarding that debt.)

Good luck, the courts really can work for you.

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