Asset Acceptance/HSBC summons received in MI. Next step?

[buddyapple]

Hi Everyone,

 

Linda7 has asked me to start a new post on my situation. ANY sound advice would be of great help. This is the last collector I have after me. My others have been settled, with 1 judgment awarded. My current open accounts are up to date and in good standing. THANKS!

 

I'm here in MI, and I'm in the same boat as blindspot99. Here is his post:

http://www.creditinfocenter.com/community/topic/319237-asset-acceptance-vs-me-michigan/

The only difference is that mine is an HSBC card that AA got ahold of. Around 9K. I have about 12 days left to respond to the summons/complaint. I am currently checking on my CC origination date to see if JAMS can be used. If not, would I be better off just trying to fight it in court rather than the other arbitration methods?

 

I could pay the fees to begin, but I don't know if I would have the money to pay if an arbitrated amount was awarded, it would just be hoping they would back off before going through it. What would happen if I wasn't able to pay the arbitrated amount?

 

I did send a request for DV back when I first received their initial letter, but sent it regular mail and can't find any of the paperwork.

 

I may have contacted them in May 2012 when I was trying to settle some other accounts, and they wouldn't go below 50%. I do not know for sure.The other 3 settled for 15-20% and I settled those.

 

I have 1 judgment from 2012. Was not aware of the things I am becoming aware of now or I would have at least filed an answer and appeared. Maybe delayed the judgment a little at least.

 

I'd like to go the same route he's thinking about, using Savoir's simplified guidelines. I agree I think it's best to keep things simple with the answers, while giving them the impression I have some idea what's going on. Challenging them to produce OC documents and such.

 

Where my argument would head would be in their Exhibit B (account) page on my summons where they state in the account Info window that they are an "ASSIGNEE of HSBC Bank Nevada, OR ITS SUCCESSOR IN INTEREST."

 

Yet they state a PURCHASE DATE of 1/2011. How can you be BOTH an ASSIGNEE and OWN the debt? Either you are assigned the debt to collect by the OC, or you purchase the debt outright from HSBC and are colecting it for yourself, RIGHT?? It would be like buying a car private party, then, when you have an accident, tell them that you were assigned the car by the previous owner! Would that be considered a fraudulent statement?

 

Anyway, I'm unclear on trying to use the Arbitration route if I proceed with answering the complaint. I need to know if I still have have the option if I file an answer to the complaint or not. I would like to keep that arbitration option open if they decided not to drop the lawsuit. How would I intergrate that into my answer. If someone could help me I'm using Saviour's template, but need to know what else to put after his ends to make it a complete document for filing.

 

So glad I found this forum, wish I had found it earlier. Thanks and blessings to all of you who give your sage advice and guidance here!

[BV80]

Read the following thread.

 

http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/#entry1215159

[Savoir]

Don't read too much into the boilerplate terminology that these 'attorneys' use; they use purchaser, assignee & successor interchangeably.

Not a big deal.

 

In order to keep your arbitration options open you could include, as an affirmative defense:

Pursuant to MCR 2.111 (F) (3) (a) there is an arbitration agreement present in the Card Member Agreement of the alleged original creditor.

 

Here's a link to a few of the HSBC Card Member Agreements for various years. Seems that they have gone over to AAA from JAMS in 2008.

If your alleged account was opened before then .......... you'd be good to go with the best (most expensive for them) arbitration forum.

[buddyapple]

Hi all,

Thanks for the tips and links so far. I'm fairly intellegent, but when it comes to legal things, I'm definetly treading into uncharted waters.

Trying to figure out which way I should proceed at this point. Sounds like I need to answer the complaint (trying to read up on everything and figure out how to answer effectively), and thanks, Savoir, for the info on adding the arbitration option.

 

A little more info on me, I am permanently disabled, so income can't be attached and bank account should be safe. I do own my home but owe lienholder as much as it is worth. Previous judgment did attach income tax and the home, but nothing available there.

 

I'll try to upload AA's exhibits tomorrow if that will help.

 

THANKS EVERYONE!

 

GETTING NERVOUS!  :'>

[Savoir]

We all were treading the same water when first introduced to civil litigation ............ so don't feel like you're all alone. You've found the right place.

 

It sounds like you're fairly judgment proof so you really have nothing to lose by fighting this case .......... who wants another judgment against them?

 

Please do post the complaint and any exhibits that they may have filed with it .......... the knowledgeable experts here may be able to help you.

 

You might also consider posting the answers to the questions in this thread back into this thread to give the posters more information.

 

Just be aware that they will not do your work for you ............. you will have to contribute and research for yourself and ask questions that are relevant to your case.

[buddyapple]

Thanks, Savoir! I'll do that.

 

Got until Monday 3/25 to submit, but want to get it in a couple of days before just to be safe.

 

I'll try to post complaint and exhibits ASAP.

 

And thanks again to all of you who lend your experiences and valuable time to help. What a blessing you are.

[buddyapple]

Hi everyone,

 

Did the best I could to upload the summons. It might be a little messy, but everything is here.

 

Thanks again for all of your help.

 

I'm just wondering how best to handle this, and to make sure my arbitration goes through JAMS. If they initiate they might

 

choose another avenue.

 

It now costs $400 initiate. I know they cover above initial $50, so I just wonder if JAMS would accept my $50 and wait upon AA to pay them

 

the balance. If that were the case, I would probably initiate before filing answer to secure JAMS. UNLESS you feel I should just put it in my

 

answer specifying JAMS for arbitration and let Judge know I'm on SS for Permanent Disability. 

 

Anyway, here's the doc:

 

Approved, SCAO
Original - Court
1st copy - Defendant 2nd copy - Plaintiff 3rd copy - Return
STATE OF MICHIGAN
JUDICIAL DISTRICT
00-DC    JUDICIAL CIRCUIT
COUNTY PROBATE

 
CASE NO.

Court address

Court telephone no.

Plaintiff name(s), address(es), and telephone no(s).
YOU KNOW WHO,LLC
Defendant name(s), address(es), and telephone no(s).
JOHN M. DOE
999 MAIN ST.
ANYWHERE MI 99999

Plaintiff attorney, bar no., address, and telephone no.
 
BALANCE DUE: $8,XXX.XX
SUMMONS | NOTICE TO THE DEFENDANT:    In the name of the people of the State of Michigan you are notified:
ISSUED TO ATTORNEY
 
1.    Issued        This summons expires    Court clerk           
          2013                           2013   

This summons is invalid unless served on or before its expiration date.
This document must be sealed by the seal of the court.
You are being sued:
YOU HAVE 21 DAYS after receiving this summons to file a written answer with the court and serve a copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside this state).MCR2.ni©
If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the complaint.
COMPLAINT | instructjon: fhe following is information that is required to be in the caption of every complaint and is to be completed by the plaintiff. Actual allegations and the claim for relief must be stated on additional complaint pages and attached to this form. Family Division Cases
X There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving the family or family members of the parties.
I I An action within the jurisdiction of the family division of the circuit court involving the family or family members of the parties has
been previously filed in    Court.
The action     remains     ^ is no longer pending. The docket number and the judge assigned to the action are:
Docket no.
Judge
Bar no.

General Civil Cases
^ There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint. I IA civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been
previously filed in    Court.
The action | | remains      is no longer pending. The docket number and the judge assigned to the action are:
Docket no.
Judge
Bar no.
 
Plaintiff(s) residence (include city, township,or village)    Defendant(s) residence (include city, township, or village)       
          
Place where action arose or business conducted COUNTY, MI    

VENUE
Date    Signature of Attorney/Plaintiff

If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you to fully participate in court proceedings, please contact the court immediately to make arrangements.


MC 01 (3/08) SUMMONS AND COMPLAINT MCR 2.102( (11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113©(2)(a), ( , MCR 3.206(A) MI_0100 File No.: xx-xxxxxx
 
    Original - Court    2nd copy - Plaintiff       
Approved, SCAO    1«t copy - Defendant    3rd copy - Return       
STATE OF MICHIGAN        CASE NO.       
JUDICIAL DISTRICT               
JUDICIAL CIRCUIT    SUMMONS AND COMPLAINT           
00-DC                COUNTY PROBATE    Page 2 of 2 Pages        

Court address
00 DISTRICT COURT 11MAIN ST WHEREVER MI 99999
Court telephone no.
(999) 999-9999
niiiCRMirtfn


w
VERIFIED COMPLAINT ACCOUNT STATED

NOW COMES the Plaintiff,  YOU KNOW WHO, LLC, by its attorney, and for its Complaint against the above named Defendant(s), states to this Honorable Court as follows:
1. The Defendant(s) resides within this court's venue and venue is proper in this court.
within  courts jurisdiction.

2. The amount in controversy is
The Defendant(s) had an agreement for a/an CREDIT CARD, originally with HSBC BANK NEVADA NA.
The Defendant(s) has defaulted in payments on the above mentioned account, said account being shown in the Affidavit. See Exhibit "A" (Affidavit) and "B" (Statement of Account not previously sent to Defendant).
YOU KNOW WHO, LLC purchased the account shown in the attached Exhibits "A" and "B" and was assigned all rights to the account in the normal course of business.
YOU KNOW WHO, LLC has notified the Defendant(s) of the above mentioned account and the Defendant(s) has failed to pay for same.
There is presently due and owing over and above all legal counter-claims the sum of $8,xxx.xx which includes interest from September 04, 2012 at the statutory rate. See Exhibits "A" and "B".
YOU KNOW WHO, LLC requests Judgment for $8,xxx.xx plus interest, costs, statutory attorney fees, pursuant to MCL 600.2441.
I declare under penalty of contempt of court that to the best of my knowledge, information and belief that this is good ground to support the contents of this pleading.

THE LAW FIRM, LLP

Dated:

Attorneys for PlaintifF

PO BOX 1 WHEREVER MI 99999 (XXX) XXX-XXXX


JOHN M. DOE

THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.


MI 0000 File No.: 00-000000
EXHIBIT "A"

STATE OF MICHIGAN )
) ss.
COUNTY OF ???? )

AFFIDAVIT OF ACCOUNT
I am an employee of YOU KNOW WHO, LLC ("Plaintiff), a (STATE) LIMITED LIABILITY COMPANY, and am competent to testify to the facts set forth in this affidavit.
I am familiar with the manner and method by which YOU KNOW WHO, LLC creates and maintains its business records pertaining to this account. These records are kept in the regular course of business and were created at or near the time of the event. To the best of my knowledge and belief and upon review of records in my possession, JOHN M. DOE ("Defendant(s)") established an account with HSBC BANK NEVADA NA herein under account number XXXXXXXXXXXX-9999.
That after establishing said account, Defendant(s) incurred charges and/or fees and/or interest upon said account.
Defendant(s) defaulted on their payment obligations with regard to said account.
Upon information and belief, Plaintiffs predecessor(s)-in-interest performed all of the conditions of the contract required by said contract.
Thereafter, Plaintiff purchased said account for value and is now the owner of said account.


7.       That as a result of Defendant(s) payment default, the Defendant(s) named herein is/are justly indebted to the Plaintiff in the amount of $8,xxx.xx together with interest at the statutory rate.
Printed Name: I.M. HERE   
n    rr
o


SUBSCRIBED AND SWORN to before me this    day of month 00 2013    ,2013
JuA
Notary Public
2 >
2 o



TV

 Notary Public • Michigan ANY County My Commission Expyte* JeiQ-Jl. 201 Acting in the CountyBffACOtvl

My Commission Expires:






AA.0106 File No: xx-xxxxxxx   MI   Client Ref No.: xx-xxxxxx


YOU KNOW WHO, LLC                                                                                                                                                 ACCOUNT NUMBER
P.O.BOX 0                                                                                                                                                                      11-9999999
WHEREVER MI 99999                                                                                                                                                                                 
                                                                                                                                                                                                    


ORIGINAL CREDITOR ACCOUNT NUMBER

XXXXXXXX-XX-9999


JOHN M. DOE
111 MAIN ST
ANYWHERE MI 99999

 
DATE    ACCOUNT INFORMATION       
February 12, 2013    YOU KNOW WHO, LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF CONFUSION. ASSIGNEE OF HSBC Bank Nevada, NA OR ITS SUCCESSOR IN INTEREST.     

PURCHASE DATE                                       CHARGE OFF BALANCE                       STATUTORY INTEREST                                                                                                                                                                                                     RATE

  January 24, 2012                                                         $8,xxxx.xx                                              5.00%



            
                                                                       DATE OF LAST PAYMENT
                                                                                April 22, 2010



    


    


THIS COMMUNICATION IS FROM A DEBT COLLECTOR

* Not previously mailed

AA 1030 File # 11-2071796

[Savoir]

When you post something of this nature it is best to not reveal anyones personal information. You can edit your last post and redact that information.

There are those from the other side that peruse these forums and you don't want to have your game plan out there for them to see.

Unless your name is ColtFan.

[buddyapple]

Thanks, Savoir!

 

It should be fine now. Let me now what you all think.

[Savoir]

OK .......... due to the deadlines impending ......... you probably don't have enough time to elect arbitration before your answer is due so, here is what I would do.

File your answer before the deadline, denying everything  including venue

.

Remember that if you deny anything in the complaint ......... you must state the reason for your denial.

 

Example: Allegation: The Defendant(s) resides within this court's venue and venue is proper in this court.
within courts jurisdiction

 

Answer: Admit in part as defendant does reside within this court's venue. The rest of the allegation is denied due to the presence of a contractual arbitration clause in the Card Member Agreement of the alleged Original Creditor.

 

As an affirmative defense, include this:

'Pursuant to MCR 2.111 (F) (3) (a) there is an arbitration agreement present in the Card Member Agreement of the alleged original creditor.'

 

Immediately after filing your answer (and affidavit denouncing plaintiff's affidavit) with the court and plaintiff's attorney of record (CMRRR) .......... send a letter to the attorney of record electing private contractual arbitration ........... include a copy of your Card Member Agreement with the arbitration clause highlighted (again ........CMRRR).

 

If they don't respond within 2 weeks ....... send a meet & confer (CMRRR) stating that if they don't dismiss their case that you will file a motion to compel arbitration .

 

The above is all contingent upon your pursuit of arbitration.

 

You need to be aware that AA is usually beatable in court.

 

According to your posts ........... they haven't supplied you with anything that would indicate they have the where-with-all to prevail in this case.

 

 

If you should decide to go to court with this ........... you would want to admit to the first allegation of their complaint in full.

(regarding proper venue) ......... everything else would be a deny ........... with reasons you deny.

[buddyapple]

Thanks, Savoir!

 

If this were you, how would you proceed? Anyone else have some good advice? It's all appreciated.

 

Just curious since it really doesn't matter one way or the other with me, arbitration or court since I don't really have the means to pay either one at this time.

 

Arbritration would likely be the least expensive way since they would be covering anything above the first $50. If they proceeded it would be a while before it would be heard, but if I were to lose that there would be a judgment.

 

If I were to push ahead with denying and they proceeded with the suit and then backed down, I wouldn't have the arbitration route to worry about. If they didn't back down and it went all the way and I lost, then a judgment. Like Savoir said, "According to your posts ........... they haven't supplied you with anything that would indicate they have the where-with-all to prevail in this case."

 

If they paid 5% for the amount charged-off, that's about $425. I doubt they paid much more than that, if that much.

 

Trying to figure which would cost me the least, but want to try to force them to dimiss it altogether if possible.

 

They probably don't have the OC orig agreement, and maybe not the actual purchase agreement between HSBC and them. Chain of custody might hold up as an argument. Prove they actually bought it from HSBC, and didn't just pull up my CR and find something outstanding and create their own paper trail.

 

If I had to plead it to the Judge: "With all the recent high profile hacking, and with today's technology, it's possible for a CA to pull someone's credit report, find an outstanding charge-off or something else like that, and create their own paperwork and try to claim it as their own collectible debt. It COULD happen to anyone (People in this court today, even Your Honor). I'm not claiming the Plaintiff actually DID that, I'm just asking the court to have the Plaintiff provide proof that they have a valid claim via the purchase agreement, and with that they should be able to provide the court with any original agreements signed by me that prove the debt was incurred by me, and that it is the same debt they are filing the complaint about by showing the Chain of Custody from the original cardmember agreement, to the date it was defaulted on, to the date any defaulted balance was charged off, to the date it was purchased by the CA."

 

I'm just not sure which way would be the wisest to go with it.

 

You've been a blessing, Savoir. Thanks once again.

[Savoir]

That's going to be a decision that you're going to have to make for yourself.

 

You're the only one that can decide what you're most comfortable with and what you'd ultimately like to accomplish.

 

Since you have chosen not to answer the question I've asked you to answer, I don't have enough information to tell you what I would do if I was in your situation.

 

Either way, don't fail to answer the complaint; that's a sure fire way to get a judgment.

[buddyapple]

Hi Savoir,

 

Sorry about not posting the answer form. Didn't get it in theis thisck head of mine! Here are those answers:

 

1. Who is the named plaintiff in the suit?   Asset Acceptance, LLC.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton Friedman & Gullace, LLP

3. How much are you being sued for? 9K

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Recieved notice in early 2012 asking for payment in full. Requested proof of DV after 1st letter, but sent it regular mail. Never recieved DV from AA. I do not believe I have communicated with them, but I may have been in contact with them in May, 2012 when I attempted to settle some other outstanding accounts.

9. What state and county do you live in? Michigan, Allegan Co.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They claim last payment was April 22, 2010.

11. What is the SOL on the debt? To find out: 6 Years in Michigan

12. What is the status of your case? Suit served? Motions filed? You can find this by a) 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). Summons and Complaint received. I have until March 25th to submit answer.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

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. Yes, I sent a DV request to AA after I received initial letter.

15. How long do you have to respond to the suit? (This should be in your paperwork). I have until March 25th to submit answer.

 

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? No interrogatory received, just Summons and Complaint.

 

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.  Received affidavit signed by someone from AA and a form created by AA stating how much I supposedly owe, the date they purchased it, and the last payment date.

 

Thanks to all for any help. I have posted Summons and Complaint above.

[Savoir]

What does your credit report (or your records) say about the last payment date?

This very close to a slam dunk in arbitration............  well, as close to a slam dunk as you can get in MI.

[buddyapple]

Hi Savoir (and all of you who have provided your knowledge),

 

CR's show last payment date of 4/2010.

 

They are listed as Debt Buyer.

 

Have until Monday 3/25 (was handed to me Monday 3/04 at around 9PM) to file, but would like to do it this Friday.

 

I think my goal here would be to make them go away, but unclear as to which avenue would provide the best chance to accomplish that.

 

It seems that they won't have paper for it, so maybe file my answer requesting the Purchase Agreement made between HSBC and AA. The

 

"Chain of Custody" showing any agreement signed by me showing I actually opened the account, signed receipts showing I made

 

purchases, etc, and if they produce enough proof to satisfy myself and the Court that it is my debt that I elect to exercise the JAMS

 

arbitration option listed in the 2005 HSBC Cardmember Agreement. I have had more than one HSBC account, but if this were a legitimate

 

claim it would have been opened 2004-2005, and JAMS agreement I have is 2005, so I'm set that way.  Might be able to argue I have had

 

accounts with HSBC, but unclear if this is one of them based on lack of proof from them

 

Want to be sure I file answers properly on Friday, and get any correspondence out to the law firm if needed.

 

Any ideas? Everything so far has been so appreciated.

 

Thanks again to you all!!

[buddyapple]

Hi all,

 

Just wanted to re-establish my financial situation to aid in advice:

 

I am on SS Disability.

 

Own a car worth 4K (under MI cap).

 

Own my home but owe lienholder as much as it is worth, and there is a 15K+ judgment in line after leinholder on home.

 

Thanks again everyone! Feel free to PM if needed!

[Savoir]

So, you're pretty much judgment proof .......... what have you got to lose?

Fight on !!!

Asset is beatable.

[BrunoTheJDBkiller]

You might want to file some sort of insolvency form with them, they usually have some garbage on their web site that says they won't pursue people who are insolvent. Or you can make them bleed money and let them find out the hard way.

[BV80]

Not to bring anyone down, but you need to find out how long judgments are enforceable in MI, and whether or not it can be renewed.  Also, if you tried to sell or refinance your house, a lien would prevent it.

 

In my state, a judgment is enforceable for 10 years but cannot be renewed.  The judgment creditor can only act within that 10 year period. 

 

The point is will be you still be judgment proof 5 or 10 years from now?  Now, there's no guarantee the JDB would act on a judgment.  They could just let it sit there and never try to enforce it.  You just need to make sure you know all the facts so that there's no surprises in the future.

[BrunoTheJDBkiller]

Under MCL 600.5809(3), a judgment from a Michigan court is good for 10 years.  A judgment can, however, be renewed for an additional 10-year period.  The “new judgment” is in fact a new judgment against the defendant in the original action to renew or extend the effect of that judgment.

To renew the judgment you would file a motion with the court

 

 

Property Liens

 

What kind of property is subject to a judgment lien under Michigan law?
In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

In Michigan, a judgment lien can be attached to either real estate or personal property.

How does a creditor go about getting a judgment lien in Michigan?
The judgment must first be satisfied from the debtor's personal property. If that is insufficient, then real estate may be attached. A copy of the attachment must be filed with the registrar of deeds in the Michigan county where the debtor's property is located.

How long does a judgment lien last in Michigan?
A judgment lien in Michigan will remain attached to the debtor's property (even if the property changes hands) for five years.

Keep in mind: In Michigan, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If things get complicated, you may want to talk with an experienced Michigan bankruptcy and debt attorney to help you sort out any lien issues.

 

Where can I look up Michigan law on judgment liens?
If you want to go right to the source and look up Michigan laws on judgment liens -- maybe you're a party to a judgment, or you're just researching potential encumbrances on property -- the relevant statute(s) can be found at Mich. Comp. Laws Sections 600.2809, .4035, .6004, .6017, .6018. For tips on looking up Michigan state laws, check out Nolo's Laws and Legal Research section.

[buddyapple]

Thank to everyone!

 

Going to begin compiling my answer as per Savoir's guidelines.

 

Should I put in the answer that I am requesting the court to have Plaintiff provide a "Chain of Title" proving that the alleged debt is actually owned by them, including the Bill of Sale, Original Cardmember Agreement and any documents that show my signature as proof of such.

 

And, if proof is provided to myself and the Court that the Judge feels is sufficient to meet the burden of proof, that I elect to exercise the JAMS Arbitration option in the HSBC Cardmember Agreement from the period they claim the Origination of the alleged account took place. (I might be allowing the court and Plaintiff the chance to think I may be acknowledging legitimacy of the claim if I put this in too soon?)

 

This forum and all on it are Awesome! Thanks!

[BrunoTheJDBkiller]

Thank to everyone!

 

Going to begin compiling my answer as per Savoir's guidelines.

 

Should I put in the answer that I am requesting the court to have Plaintiff provide a "Chain of Title" proving that the alleged debt is actually owned by them, including the Bill of Sale, Original Cardmember Agreement and any documents that show my signature as proof of such.

 

No, this is improper. The Answer serves to admit or deny the allegations in the Complaint, nothing else. What you are referring to is discovery proceedings, you do this independent of the Answer. See Subchapter 2.300 Discovery

 

 

And, if proof is provided to myself and the Court that the Judge feels is sufficient to meet the burden of proof, that I elect to exercise the JAMS Arbitration option in the HSBC Cardmember Agreement from the period they claim the Origination of the alleged account took place. (I might be allowing the court and Plaintiff the chance to think I may be acknowledging legitimacy of the claim if I put this in too soon?)

 

No, this is also improper. Once you get into litigating the case, most judges will deny arbitration motions. It looks rather suspicious, what you are saying is "okay, I know you can beat me in court, so I'm going to stick you with the cost of arbitration." I don't suggest trying that, especially in Michigan, they are not exactly consumer friendly.

 

 

This forum and all on it are Awesome! Thanks!

[buddyapple]

Thanks Bruno,

 

The Homestead exemption is  $52,925 if disabled. Home worth around 55K. Owe around 53K. Judgment for 15K+ in line.

 

Car exemption is $3,250 but need for doctor's appointments, etc. KBB is around $3,300. Wow, they would get $50 minus repo fees, tow truck,

 

paperwork.

 

It just seems that once they know that a prior judgment is 1st in line after the Leinholder, and 90% plus of the home value is exempt, to spend

 

any time trying to obtain a judgment where there will probably NEVER be anything available except a few hundred dollars is just money out of

 

their pockets they could get back in just 1 of the other 90% that will be defaulted judgments just doesn't make sense.

[buddyapple]

Bruno,

 

You are today's blessing! I'm so muddled up that maybe I'm getting ahead of the game. I'm unsure as to what the procedure with the answer process. Will I be in front of a Judge on Friday when I submit my answers? Or do I just give the clerk my papers, and send copies to the Plaintiff's lawyers?

 

Also, do I mail copies of the forms after they are submitted and stamped, copies of those? I do know I need to send it registered mail (like I should have done with the DV request, lesson learned!)

 

Also unclear of one last thing: I saw some other post on this forum that said the paperwork couldn't be sent Registered Mail by me? Did I mis-read?

 

 

Thanks again to everyone else for all of your help!

[Savoir]

If the deadline for your answer is Friday, you must submit the paperwork to the court clerk and have it stamped and filed by close of business that day. Don't forget to include a proof of service with your answer.

 

Have the clerk stamp the copy you will send to the plaintiff, also.

Then  send the plaintiff's attorney of record stamped copies of everything you filed with the court (CMRRR) postmarked by close of business that day.

 

Also unclear of one last thing: I saw some other post on this forum that said the paperwork couldn't be sent Registered Mail by me? Did I mis-read?

 

This may be true in other states however, there is no rule in MI (that I know of) that states that you can't serve plaintiff yourself.