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Another Midland summons...Michigan


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Hi all...I have spent the past 3 days looking at most of the questions posted here on the board, & have a few questions still. I was served on an old HSBC credit card debt that now is in the hand of Midland. All i was served, at this time, was a summons & complaint, with one of those "robo" affidavits from Minnesota. Page 2 of the summons has 8 different statements, such as county jurisdiction, failure to pay plaintiff, amount due, etc. No discovery requests, no PLAINTIFFS FIRST REQUESTS AND INTERROGATORIES, nothing else.

Should I:

Just answer the 8 questions in the summons & that's it, & wait for the next move by them or do I file for discovery & file to strike the affidavit as well this early?

Also, & I don't know if this means anything at all, but the summons has 1 attorneys name, where it says for them to sign has another attorneys name typed under the line, but was signed by yet a Another attorney. Another thing is that the affidavit was signed August 3rd, but I was not served until October 24..does this matter?

Thanks for all that help on these boards, as it does help relieve alot of stress on those(me) that do not deal with this sort of thing often....

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There is another post here today that covered some of this. It quoted a MI statute that says the affidavit has to be dated within ten days, and if it is from out of state, it has to be authenticated by the court in that state. I posted three links under it to sample documents, you should be able to see the post above my three.

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So if I read right, I should:

1. Answer

2. File to strike the affidavit they sent

3. File my own affidavit stating that I know nothing of the debt they are stating

4. File for discovery

Should I also file a motion to dismiss on the timeline of the affidavit they sent? Without it, they have nothing as far as I can tell.

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So if I read right, I should:

1. Answer

2. File to strike the affidavit they sent

3. File my own affidavit stating that I know nothing of the debt they are stating

4. File for discovery

Should I also file a motion to dismiss on the timeline of the affidavit they sent? Without it, they have nothing as far as I can tell.

:)++ Benvenuto!

There is another post here today that covered some of this. It quoted a MI statute that says the affidavit has to be dated within ten days, and if it is from out of state, it has to be authenticated by the court in that state. I posted three links under it to sample documents, you should be able to see the post above my three.

:mrgreen:http://www.creditinfocenter.com/forums/there-lawyer-house/310405-va-qui-nulla-come.html

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