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Michigan Case Law


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1. Who is suing you?

Velocity Investments, LLC Assignee of Chase Bank Usa

2. For how much?

$8154.49 + interest, costs and attorney fees.

3. Who is the original creditor?

Washing Mutual

4. How do you know you are being sued?

Was served the summons.

5. How were you served? Were you served?

Someone came to my door. Yes.

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

None.

7. Where do you live?

Michigan

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

I think September 2008.

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).

I'm not sure.

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.

12. Does your summons require a response in writing? (Look hard!) We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Yes, I wrote my answer had a pre-trial and now trial. Claiming: "that the defendant herein is indebted upon open account or pursuant to contract, and defendant accepted same."

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

A few billing statements from Washing Mutual. Has some transfers and account number on it etc.

14. What is the SOL on the debt?

6 Years.

Sorry this is my second thread, I should have answered these questions on my first one.

So I would like to object to those statements as hearsay, and if they introduce a generic portfolio type of bill of sale I'd like to object with: 1. Hearsay and 2. Irrelevant because it doesn't have my account number.

I've been trying to find case law in case I need them to support these objections. I've tried findlaw and google scholar but I'm not sure how to find them specifically. Guess I just need help with that and getting my game plan together for the trial. (3/10)

Will leave this post at that so it's not too big, will be glued here all day and night if anyone has any questions. Sorry if I left anything out.

Thanks

Edited by Swissy
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When using Google Scholar, just enter in the search terms as you would for any other search engine. For example: Michigan AND debt AND "chain of ownership". You might also try "chain of custody", "bill of sale", etc.

You can also use case law from the Sixth Circuit Court of Appeals (as that court includes appeals cases from Michigan) and from the U.S. Supreme Court.

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