Michigan Summons and Complaint

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Hubby was served yesterday. I’ve spent hours looking through this site but haven’t gotten anywhere yet. Lots of links to where I can read through Michigan law but it’s all too overwhelming. Maybe someone can help.

Portfolio Recovery Associates, LLC, as successor in interest of HSBC Bank Nevada NA


1. Jurisdiction and venue are proper in this court.

2. Plaintiff, Portfolio Recovery Associates, LLC, predecessor in interest is HSBC Bank Nevada, NA.

3. Plaintiff’s assignor allowed Defendant(s) to charge goods and or services on open account, and upon Defendant’s promise to pay for same.

4. Upon information and belief, Defendant(s) has possession or the agreement upon which this claim is based.

5. Plaintiff’s assignor sent statements on account number ***** to the Defendant(s) who did not dispute the charges or object within a reasonable time.

6. Plaintiff and its predecessors in interest have performed its obligations under the terms of the agreement.

7. Defendant(s) have not paid the balance owing on the account despite Plaintiff and assignor demands for payment; Defendant’s failure to pay has resulted in default on the account.

8. Defendant(s) is now justly indebted to Plaintiff over and above all legal counterclaims, in the amount of $1,800. See attached documents which evidence Plaintiff’s assignment and the amount due and owing on this account, “Exhibit A.”

Wherefore, Plaintiff respectfully requests that a judgment be entered in its favor and against Defendant(s) in the amount of $1,800, plus costs, interest and attorney fees.

Exhibit A:

• 1st page, Portfolio’s “Statement of Account,” has account #, hubbies name & address, Issuer (HSBC), Assignee (Portfolio), Date Account Opened, Last Payment, Date of Charge Off, Balance at Purchase, Purchase Date.

• 2nd page, Portfolio’s “Affidavit,” although a full page, basically says the undersigned is competent and authorized by Portfolio to testify, that they now own the account, and that hubby owes them $1,800.

• 3rd page is a blanket “assignment and bill of sale,” from HSBC that just says they’ve entered into a purchase agreement for accounts. Nothing about hubbies account.

• The final pages are just a copy of HSBC’s generic credit card legal stuff – all that small print stuff.

That’s the whole package. From what I’ve read here we have a chance of getting this dropped, but I’m also reading that everything we submit needs to be state specific and all the examples I’ve read are from other states. And I can't make heads or tails of the legal sites, the information becomes a big blur.

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Well ..... it's not going to just get dropped .... you're going to have to work to get it dropped ...

Five factors to consider are:

1. Is the debt within the SOL? (In Michigan, it’s 6 years)

2. Is the Affidavit timely? (Has to be dated within 10 days of filing of suit)

3. Affiant has no personal knowledge of the underlying debt and as such, is hearsay.

4. If the Bill of Sale makes no reference to your Hubby's account number the JDB has no standing to sue because they don't own the account.

5. You have 21 days to answer the allegations against you ... get cracking. Answer, Affirmative Defenses, Counter Claims? ... Sworn Denial (within 10 days of receiving summons or filing your answer).

Make them PROVE EVERYTHING .....

You can beat this ..... Go to your District Court House web site and download Rules of Civil Procedure for your District Court and study them ... seriously !!!

Get the Rules of Evidence for your District. Any other Rules that you find relevant.

Gather as much information as you can and look for any discrepancies in their pleadings and exhibits.

Go to your local courthouse and ask to see cases that have the same entity named as Plaintiff in your case and look for ways to beat them via pleadings. (Usually looking at your District's Court Dockets web site under civil cases will give you a filterable list of cases ... just filter against the JDB's lawyers name to find case numbers).

Any questions ?? Post back ....

It'd be best if you posted this in 'Is There A Lawyer In The House' forum .. you would stand a much better chance of getting answers from much more knowledgable people.

Edited by Savoir
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