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help needed in Michigan with Midland


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To BMC

First I recieved notice that they were suing me. I denied all claims. Three months later i recieved a leter from the court saying it was going to be dropped if there were no further claims in 28 days. 21 days later I recieved a summons to go to court.

Plantiff showed me CC statements asked if i had ever seen them , I had not and told her so. we went in front of the Judge and she asked for a 90 motion of discovery. I have recieved discovery papers from the plantiff. Am i suposed to get them from the court as well? Or can they (plantiff) just send them direct?

I have filed no motions as of this time. I still have 14 days (according to their paperwork) to respond. All answers will be deny. I need some help with idea's of how to move forward.

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First, post the complaint, redact your personal information.

 

Who was the original creditor?

 

Approximately How much is it for?

 

What documents did they provide to you and what was attached to the complaint?

 

Then, in the next post, type out your answer.

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"Or can they (plantiff) just send them direct?"

Answer: You get discovery from the plaintiff not from the court.

If the plaintiff sent you discovery the christian thing to do is send some discovery to the plaintiff.

 

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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