bmc100

Those being sued in Michigan by a JDB, step by step in Defending

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Hello! Its been a year since someone replied so I hope you guys are out there. First I would like to thank BMC100 . I have spent the last couple of hours reading this thread and finding things I can use. I believe I have a strong case, but I am in need of a little help.

 

I have already attended a pre trial hearing. The judge sent in a discovery time. I just found this thread today so  of course I did not know to file my own motion for summary disposition before midland did. Today I received a motion for summary disposition from them today. I need to respond asap. There are a couple things I will defend myself with. The affidavit was signed way after 10 days from the complaint. According to the Unifund CCR Partners v. Nishawn Riley, Michigan Court of Appeals Case No. 287599,  the plaintiff did not have a signed contract and did not produce receipts signed by me. They also did not show a perfected transaction between  the OC and Midland. Please Help!

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10 hours ago, gg2008 said:

I have already attended a pre trial hearing. The judge sent in a discovery time. I just found this thread today so  of course I did not know to file my own motion for summary disposition before midland did. Today I received a motion for summary disposition from them today. I need to respond asap. There are a couple things I will defend myself with. The affidavit was signed way after 10 days from the complaint. According to the Unifund CCR Partners v. Nishawn Riley, Michigan Court of Appeals Case No. 287599,  the plaintiff did not have a signed contract and did not produce receipts signed by me. They also did not show a perfected transaction between  the OC and Midland. Please Help!

@gg2008 We're going to need you to start your own thread. Go to the main Forums page. Just to the right of the title "Forums," is a green box "Start New Topic" to click on and select  the Legal Issues "Is there a Lawyer in the House" forum to start your thread. In order to be of much help to you, we'll need to see the complaint, their affidavit, your answer and their summary dispostion--with personal identifying info redacted. 

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Hey All! Seriously need help! So stressful with this situation on top of having one lung (hot weather is tough!) and a 93 year old father with dementia that I advocate for - he just got out of the hospital yesterday, after being there for two weeks for emergency surgery.
I have to answer the pretrail statement by Monday.  I have been reading about a motion to dismiss, but with Covid, everything is short staffed at the courts.  The courts told me not to do a motion to dismiss.
Is anyone familiar with FIFTH THIRD, Jefferson Capital Systems, Trak America and/or Stillman Law Offices?
Years ago I had a credit card with FIFTH THIRD BANK. I kept in close communication with FIFTH THIRD during difficult times. Due to unforeseen circumstances, I had no choice but to default.
I called Fifth Third Collections - they said they cannot settle anymore; my account went to Jefferson Capital Systems.
I called Jefferson Capital Systems, they said my account went to Trak America.
I am not sure who owns my debt at this time. I have court scheduled for July 2, and have to submit a Pretrail Statement 10 days before court. Does this mean 10 business days or calendar days?
**** I AM EXTREMELY UNCOMFORTABLE WITH STILLMAN LAW OFFICES ****
ORDER OF EVENTS:
Had a credit card with Fifth Third. After life crisis events (cancer, had right lung removed, abuse from husband with a son with special needs (mentally 2-4 years old) who has medical issues, had to leave with three children, daughter with epilepsy, let marriage home foreclose,...) I fell behind. I explained this to Fifth Third. The minimum I had to pay was too much. Credit limit was $10,000. My balance was $8126.32 when I defaulted. They continuously offered amounts to settle. The final offer was just over $1,500.
I communicated with Fifth Third that I wanted to pay this offer but could not. There was nothing I could do.
TIMELINE:
6/2/2014 - My last payment posted to the account
Fall 2018 - I recieved a notice from Jefferson Capital Systems stating I owe $8971.87. I sent the the notice back stating I needed more details/information. My balance was $8126.32 when I defaulted.
6/24/2019 - I received notification from Stillman Law Offices stating they are a debt collector re: Jefferson Capital Systems.
7/16/2019 - I sent a certified letter stating:
This letter is sent in response to a letter received by you on June 24, 2019. I am requesting that you provide verification of this debt.
Send the following information:
The name and address of the original creditor, the account number, and the amount owed.
Verification that there is a valid basis for claiming I am required to pay the current amount owed.
Details about the age and amount of the debt including a copy of the last billing statement from the original creditor; a detailed explanation of any interest added or payments made since the last billing statement and the legal authorization for this interest; the date the original creditor claims this debt became delinquent.
Whether this debt is within the statute of limitations and how that was determined.
Details about your authority to collect this debt: whether you are licensed in my state, and if so, provide the date of the license, name on the license, license number, and the license number, and the name, address and telephone number of the state agency issuing the license.
I need more details about what you claim I owe so that I can make an informed decision.
9/9/2019 - I received a cover letter with a copy of a Bill of Sale between FIFTH THIRD and Jefferson Capital (The Bill of Sale said “see file attached” with nothing attached), and some copies of statements. I did not respond since they did not answer my many inquiries - I thought it was over.
Then, on March 17, 2020 (lockdown now in effect) - I received a summons that had very few papers included. The paperwork stated that I was avoiding them (not true). The paperwork said “see attached affidavit,” only thing included is an excel spreadsheet.
I then looked more closely at the statements Stillman sent to me 9/9/19. He sent a year of statements excluding one month, and duplicates of two pages. Forty-Six pages as follows:
  1. Cover letter - “This communication is from a debt collector”
  2. Copy of Bill of Sale (says “to those Accounts identified in the File attached…) nothing attached
  3. Page 1 Statement dated November 18 to December 28, 2014
  4. Page 2 Boilerplate
  5. Page 3 dated October 18 to November 17, 2014 (Note date different from #3, same as #9)
  6. Page 4 dated October 18 to November 17, 2014 (Note date different from #3, same as #10)
  7. Page 1 Statement dated October 18 to November 17, 2014
  8. Page 2 Boilerplate
  9. Page 3 dated October 18 to November 17, 2014 (See #5)
  10. Page 4 dated October 18 to November 17, 2014 (See #6)
  11. Page 1 Statement dated September 18 to October 17, 2014
  12. Page 2 Boilerplate
  13. Page 3 dated September 18 to October 17, 2014
  14. Page 4 Header only dated September 18 to October 17, 2014 - Blank
  15. Page 1 Statement dated August 18 to September 17, 2014
  16. Page 2 Boilerplate
  17. Page 3 dated August 18 to September 17, 2014
  18. Page 4 Header only dated August 18 to September 17, 2014 - Blank
  19. Page 1 Statement dated July 18 to August 17, 2014
  20. Page 2 Boilerplate
  21. Page 3 dated July 18 to August 17, 2014
  22. Page 4 Header only dated July 18 to August 17, 2014 - Blank
  23. Page 1 Statement dated June 18 to July 17, 2014
  24. Page 2 Boilerplate
  25. Page 3 dated June 18 to July 17, 2014
  26. Page 4 Header only dated June 18 to July 17, 2014 - Blank
*****NOTE DATES ***** MONTH MISSING *****
27) Page 1 Statement dated April 18 to May 17, 2014
28) Page 2 Boilerplate
29) Page 3 dated April 18 to May 17, 2014
30) Page 4 Header only dated April 18 to May 17, 2014 - Blank
31) Page 1 Statement dated March 18 to April 17, 2014
32) Page 2 Boilerplate
33) Page 3 dated March 18 to April 17, 2014
34) Page 4 Header only dated March 18 to April 17, 2014 - Blank
35) Page 1 Statement dated February 18, 2014 to March 17, 2014
36) Page 2 Boilerplate
37) Page 3 dated February 18, 2014 to March 17, 2014
38) Page 4 Header only dated February 18, 2014 to March 17, 2014 - Blank
39) Page 1 Statement dated January 18 to February 17, 2014
40) Page 2 Boilerplate
41) Page 3 dated January 18 to February 17, 2014
42) Page 4 Header only dated January 18 to February 17, 2014 - Blank
43) Page 1 Statement dated December 18, 2013 to January 17, 2014
44) Page 2 Boilerplate
45) Page 3 dated December 18, 2013 to January 17, 2014
46) Page 4 Header only dated December 18, 2013 to January 17, 2014 - Blank
***** TAKE NOTE: ALL ACCOUNT NUMBERS ON PAGE 1 of STATEMENTS listed above, ARE BLACKED OUT WITH A HEAVY BLACK MARKER (as opposed to the paperwork sent to court, which are blacked out neatly and professionally with black tape)
PAPERWORK STILLMAN SENT INCLUDING SUMMONS, 17 pages as follows:
  1. Order Regarding Alternate Service
  2. Second Summons
  3. Motion for Second Summons and Order; States “See Attached Affidavit”
**No Affidavit attached
4) Summons
5) Copy of Complaint
6) Page 1 Statement dated November 18-December 28, 2014
7) Page 2 Boilerplate
8. Page 3 Statement dated November 18-December 28, 2014 shows “clearing offset”
and “client service fees”
**Please see #3, #4, #5 and #6 of the 46 pages he sent to me.
9) Page 4 Statement dated November 18-December 28, 2014 - Blank
10) Page 1 Statement dated May 18 to June 17, 2014
**Missing statement in the 46 pages above - last month I made a payment
11) Page 2 Boilerplate
12) Page 3 Statement dated May 18 to June 17, 2014
13) Page 4 Statement dated May 18 to June 17, 2014 - Blank
14) Copy of Bill of Sale (says “to those Accounts identified in the File attached…)”
15) Excel spreadsheet p. 1 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018
**Shows 23 redacted lines. One line with my name, ss#, acct #, Seller acct#, date act opened
16) Excel spreadsheet p. 2 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018
**Shows 23 redacted lines. One line with charge off date, charge off amount, purchase balance, last payment date, last payment amount
17) Excel spreadsheet p. 3 of 3, titled “Excerpt from Sale File Assigned to Jefferson Capital Systems, LLC Pursuant to the bill of sale dated 9/7/2018
**Shows 23 redacted lines. One line with Original creditor
The papers included by Stillman were the papers missing in what they sent me. Also, no mention of attorney in paperwork sent to me, just “Stillman Law Offices.”
Attorney name, Stuart Lebenbom, is listed on summons in court papers.
ON PAPERWORK TO ME: Stillman appears to be a debt collector.
ON PAPERWORK WITH THE COURT: Stillman appears to be representing Jefferson Capital
I am a single mom on a very low budget... Had kids later, and was forced to retire early to be with them. Child support also just got cut in half... very small pension.
HELP!!

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@Raybert Please go back to the forum page and look for the green  "Start new topic" button. This is a very old thread. You'll get better help if you start your own thread. Please post a copy of the Complaint (with personal ID info redacted) and a copy of your Answer (redacted) to the Complaint. Do you have a copy of the Fifth Third accountholder agreement? 

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