Widto

Received a response, now what?

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About a week ago I've received a response from the JDB that is suing me. I have searched the forums for what I received and come up empty...

I could really use some help with what I need to do now.

Here is what they sent me...

OFFER TO STIPULATE TO ENTRY OF JUDGMENT

Plaintiff, BLOOMFIELDFINANCIALGROUPLLC, by its attorney, WARNERLAWFIRM, by RobertWWarner, hereby offers to stipulate to entry of a judgment with the Defendant,

ME, in favor of Plaintiff in the amount of $6,750.00 inclusive of all costs, fees, interest, sanctions, actual or potential counter-claims and taxable items of any kind, pursuant to MCR

2.405. You must accept or reject this offer within twenty-one (21) days after service, pursuant to

MCR 2.405©. If the offer is rejected, you take no action or is not timely accepted, Plaintiff will

Seek an award of actual costs, including reasonable attorney fees, if the adjusted verdict or judgment

In favor of Plaintiff is more favorable than the attached offer, in accordance with MCR2.405(D).

NOTICE OF DEFENDANT'S FAILURE TO FILE

COUNTER AFFIDAVIT OF ACCOUNT PER MCL 600.2145

Plaintiff, BLOOMFIELDFINANCIALGROUPLLC, through its attorney, WARNERLAWFIRM, by ROBERTWWARNER, and for its Notice of Defendant's Failure to Counter Affidavit

of Account per MCL 600.2145, states as follows:

1. The Defendant in the above captioned matter failed to file a Counter-Affidavit of

2. Plaintiffs Affidavit of Account becomes prima facie evidence of the debtor's

Account in response to Plaintiff's Affidavit of Account pursuant to MCL 600.2145.

Indebtedness on this account and the burden of proof shifts to the Defendant to disprove this account.

See the attached case of Klochko Equipment Rental Co., inc .. v. Village Green Construction, LLC ..

d/b/a Re2ents Park of Troy. LLC, Mich. App . 235599 (2003).

WHEREFORE, the Plaintiff requests the Court to grant judgment in favor of Plaintiff against the Defendant as pled in the Complaint for failure to file Counter Affidavit of Account per MCL

600.2145 and pursuant to MCR 2.116©(9) and (l0) and 2.116(1), and enter an order stating such.

REPLY TO AFFIRMATIVE DEFENSES

The Plaintiff in the above captioned matter, BLOOMFIELDFINANCIALGROUPLLC,

through its attorney, WARNERLAWFIRM, by ROBERTWWARNER, affirmatively denies each

and every Affirmative Defense pled by the Defendant ME as untrue and contrary

to fact and law. By way of further response to the affirmative defenses, Plaintiff states that

Defendant may only amend and/or supplement the Affirmative Defenses as allowed by Michigan

Court Rules, specifically MCR 2.111 (F)(3) and MCR 2. 118.

Questions:

I know I have to reject their OFFER TO STIPULATE TO ENTRY OF JUDGMENT but I don't know how to format a proper rejection.

I did not file a MTD the AoA, can I still do this or is it too late?

Should I now motion the court for sanctions against the JDB on the premise that they are not licensed in my state to pursue collection activities or this untimely right now? (Their name does not show up on the DOE web site of MI which shows who is licensed in MI to do collections in MI. The web site I used to determine this is https : / / www2.dleg.state.mi.us/colaLicVerify/lName.jsp)

Any help in this matter would be so greatly appreciated that it just cannot be expressed.

Edited by Widto
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Did I do something wrong? Did I step on someones toes? Do I need to join some special club to get any help? 104 views and not a single response. If I did something wrong, please, at least, tell me so.

I know everyone on this site does what they do as a hobby and for free, just looking for a little guidance, help, push in the right direction, that's all.

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Ok .. I haven't read all of your posts so I'm really not up to speed here but given that, it looks like you have been asked to make a choice. Either stipulate to their offer of judgement ... or fight them in court. You can answer this in one of two ways ... either send them a letter saying you'll roll over and pay or send them a letter rejecting their request (or do nothing ... same thing).

My biggest concern here is whether or not you filed a counter affidavit pursuant to MCL 600.2145 ..... if you did ... whew !! If not ...

"2. Plaintiffs Affidavit of Account becomes prima facie evidence of the debtor's Account in response to Plaintiff's Affidavit of Account pursuant to MCL 600.2145.

Indebtedness on this account and the burden of proof shifts to the Defendant to disprove this account."

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Have you read the statutes they cite? MCL 600.2145 gives you ten days to file your counter affidavit so I'm guessing it's too late for that.

Rule 2.405 discusses Offers to Stipulate to Entry of Judgment. It doesn't give any format for rejecting offer. If you do nothing the offer is assumed to be rejected.

Hopefully other more experienced people will chime in.

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Ok .. I haven't read all of your posts so I'm really not up to speed here but given that, it looks like you have been asked to make a choice. Either stipulate to their offer of judgement ... or fight them in court. You can answer this in one of two ways ... either send them a letter saying you'll roll over and pay or send them a letter rejecting their request (or do nothing ... same thing).

My biggest concern here is whether or not you filed a counter affidavit pursuant to MCL 600.2145 ..... if you did ... whew !! If not ...

"2. Plaintiffs Affidavit of Account becomes prima facie evidence of the debtor's Account in response to Plaintiff's Affidavit of Account pursuant to MCL 600.2145.

Indebtedness on this account and the burden of proof shifts to the Defendant to disprove this account."

First, thanks for responding.

I did not file a counter affidavit. Looks like I missed that in my research on what to do for my answer (I used the entire 21 days before I filed my answer to make sure that I got everything in there that needed to be answered, am I hosed now?).

Whats really confusing to me is the last part of that MCL which states:

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.

Is this saying the ten days starts when the complaint was filed or after I was served? Or is it 10 days after I filed my answer?

Since I didn't file a counter affidavit, do I start rogs to disprove their affidavit or is this untimely at this point?

One thing I know for sure is the JDB and the attorney in this case are NOT licensed to do collections in this State according to the Michigan DELEG site. What do I need to do to bring this to the judges attention?

At this point I'm feeling like I've already lost due to this mis-step on my part.

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I appreciate your response.

Have you read the statutes they cite? MCL 600.2145 gives you ten days to file your counter affidavit so I'm guessing it's too late for that.

Yea its definitely too late for that, I think... Any idea what I need to do now?

Rule 2.405 discusses Offers to Stipulate to Entry of Judgment. It doesn't give any format for rejecting offer. If you do nothing the offer is assumed to be rejected.

Hopefully other more experienced people will chime in.

Thanks for the clarification. I was thinking I needed to file a formal rejection.

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Whats really confusing to me is the last part of that MCL which states:

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.

Is this saying the ten days starts when the complaint was filed or after I was served? Or is it 10 days after I filed my answer?

It means that the plaintiff has to have had their affidavit dated within the 10 day period before they filed the suit with the court.

It also means that you should have filed your affidavit during the 10 day period preceeding the filing of your answer.

Carefully read over the plaintiff's affidavit and see if there is any way you can motion the court to strike it from the record.

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