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Being Sued By JDB And Freinds Over In Michigan


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Hello, I'm being sued by a Junk Debt Buyer here in Michigan and was wondering if you guys here at this great forum could help me come up with a defense for this Affidavit that came with my summons.

 

It reads something like this:

 

Now comes the undersigned affiant, who having first been duly sworn and cautioned according to law, depose and states as follows:

 

1. I am an Authorized Representative for JDB company (herafter the "Plaintiff"). I am authorized to make this affidavit on its behalf, and the information below is true to the best of my information and belief based on the Plaintiff's business records.

 

2. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business books and records, including computer records of its accounts receivables. This information was regularly and contemporancously maintained during the course of the Plaintiff's business.

 

3. In the ordinary course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts and/or other credit lines. The records provided to Plaintiff have been represented to include information provided by the original creditor or its successors in interest. Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number.

 

4. To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person.

 

5. Based upon the business records maintained on account XXXXXXXXXXXXXXX (hereafter "Account"), which are a compilation of the information provided upon acquisition and information obtained since acquisition, the account is the result of  the extention of credit to Joseph Blow by a Credit Card Company on the date of origination. Said business records further indicate that Account was then owned by the Credit Card Company who later sold and/or assigned Porfolio XXXXXX to Plaintiff's assignor which included the Defendants account on such date (the date of assignment) and on the Date of Assignment, all ownership rights were assigned to, transferred to, and became vested in Plaintiff, including the right to collect the purchased balance owing of $1000.00.

I affirm under penalty of perjury that the above facts are true and correct.

 

Barbzie Brown

 

The foregoing affidavit was signed to and subscribed before me on such and such date.

 

(Notary Public Person)

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Counter each paragraph point by point with your affidavit. (Dueling Affidavits) then Motion to Strike.

 

(see template attached) Also there is some great posts on how to defend a Michigan Lawsuit. You will have to do a search to find them but they were within the last two months by one of our senior Michigan posters. 

 

 

I've also attached a copy of a Memorandum for you to use as a template to supplement your motion to strike Plaintiffs affidavit.

 

HP

 

 

 

Dueling Affadavit2.doc

Memorandom MTS Affidavit_ felty4 Robo-Signing Midland Fund….pdf

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The affiant has personal knowledge as to the creation of plaintiff's books and records but cannot attest to the authenticity or accuracy of the records of the OC.

Were there any documents other than this affidavit attached to your complaint?

 

(Is that the actual name of the affiant? .......... Barbzie? ........ or a fictitious name?

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Here is a link to the Michigan thread.

Very helpful and informative.

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

 

Also go to this link and copy and paste it in this thread, with your answers so others can help you more.

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

Here in Michigan, alot of JDB's are submitting untimely, stale affidavits.

So, you want to check the date on your affidavit ....and compare it to the date on your complaint...

To see if there is a 10 day or more difference.

MCL 600.2145

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The affiant has personal knowledge as to the creation of plaintiff's books and records but cannot attest to the authenticity or accuracy of the records of the OC.

Were there any documents other than this affidavit attached to your complaint?

 

(Is that the actual name of the affiant? .......... Barbzie? ........ or a fictitious name?

 

No. That was the only document attached. The name I just made up.

 

Counter each paragraph point by point with your affidavit. (Dueling Affidavits) then Motion to Strike.

 

(see template attached) Also there is some great posts on how to defend a Michigan Lawsuit. You will have to do a search to find them but they were within the last two months by one of our senior Michigan posters. 

 

 

I've also attached a copy of a Memorandum for you to use as a template to supplement your motion to strike Plaintiffs affidavit.

 

HP

 

OK I will do that thank you very much.

 

Here is a link to the Michigan thread.

Very helpful and informative.

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

 

Also go to this link and copy and paste it in this thread, with your answers so others can help you more.

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

Here in Michigan, alot of JDB's are submitting untimely, stale affidavits.

So, you want to check the date on your affidavit ....and compare it to the date on your complaint...

To see if there is a 10 day or more difference.

MCL 600.2145

 

Ok I am reading that now thank you.

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1. Who is the named plaintiff in the suit? - JDB

 

3. How much are you being sued for? 2000.00

 

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

 

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

 

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? None

 

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

 

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? To find out: 6-years. Its not out of SOL

 

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). I was served with a summons 7-days ago

 

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. No I did not.

 

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? I beleive it is 20-days.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The affidavit that I put in my first post.

 

 

Okay Im confused. You guys are saying to file a Dueling Affidavit and a Memorandom MTS, but the affidavit is listed as number on the complaint. What should I do.

 

1. The cause of action arose within the jurisdiction of the Court in the County of.

 

Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof.

 

2. Plantiff's JDB predecessor in interest is Credit Card Company.

 

Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof.

 

3. Plantiff assignor allowed Defendant to charge goods and or services on open account, and upon Defendant's promise to pay for same.

 

Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof.

 

4. Plantiff's Assignor sent statements on account number XXXXXXXXXXXXXXX to the Defendant who did not dispute the charges or object within a reasonable time.

 

Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof of said debt.

 

5. Defendant has not paid the balance owing on the account, despite Plantiff and Plantiff's Assignor demands for payment.

 

 Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof.

 

6. Defendants failure to pay has resulted in default on the account.

 

Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof.

 

7. Plaintiff's assignor has completed performance and rendered an account stated; Affidavit attached.

 

8. Defendant is now justly indebted to Plaintiff over and above all legal counterclaims, in the amount of $2,000.00

 

Defendant has insufficient information to affirm or deny and leaves it to the plaintiff to provide strict proof.

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Here in Michigan, alot of JDB's are submitting untimely, stale affidavits.

So, you want to check the date on your affidavit ....and compare it to the date on your complaint...

To see if there is a 10 day or more difference.

MCL 600.2145

 

There seems to be about a 30-day difference.

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When is the last time you paid on this? You didn't answer that one. The SOL for GE is Utah, 4 years. MI allows you to use the other guy's SOL. Also, arbitration may get rid of this, they won't pay for it for this amount, it's very expensive.

 

You mean the attornys that sueing me State or where the JDB State is. The SOL in Michigan is 6-years.

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  • 2 weeks later...

I hope the attorneys that are suing you live in michigan, otherwise they can't if they are not licenced.  Plaintiff may be in another state.  the SOL he is talking about is where the original creditor is located, check your cardmember agreement--you can probably find one online to look at.  Look to see if you can use their state for SOL.. also look and see if arbitration is part of what you can do in case of default.

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