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Being sued by Unifund in Michigan


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1. Who is the named plaintiff in the suit? Unifund CCR

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

3. How much are you being sued for? $9800

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

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) door, mail

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

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? None that I'm aware of

9. What state and county do you live in? Oakland, MI

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4 years ago

11. What is the SOL on the debt? To find out: 6years

Statute of Limitations on Debts

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

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

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? a week, but need to do it before i leave town in 2 days

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

Affidavit, copy of statement from Citi (looks like last staement before written off)

 

COMPLAINT

 

4. The subject of this action is an unpaid account, ending in xxxx, issued by Citibank xx/xxxx. See affidavit of account attached as exhibit A

5. Plaintiff has acquired this account.

6. Plaintiff states that by use of this account defendant entered into a contract, a copy of application and/or account statements are atached as exhibit B.

7. Defendant used account to purchase goods or services.....

8. Plaintiff states that defendant is in breach of contract by failing to make payments in amount satisfactory to comply with the account and/or revolving credit agreement.

9. On xx/xx/xxxx the original creditor charged off the account

10. As a result of the defendant's breach of contract, plaintiff states the defendant owes xxxx plus interest of 5%....

 

Second Claim

11. plaintiff incorporates paragraphs 1-10 ....

12 Plaintiff states that in alternative to a claim for breach of contract, still asserting and not waiving the claim under breach of contract, defendant has an account that is due and owing to th plaintiff in the same amount as stated in the first claim for damages. Seeaffidavit of account attached as Exhibit A.

13. Plaintiff states that demand for payment was made prior to this action at no avail.

14. As a direct result ofdefendant's breach of contract, defendant owes plaintiff xxxx plus interest rate of 5% from date of filing the complaint to judgement.

 

THIRD CLAIM

15. Plaintiff incorporates para 1-14...

16.Plaintiff staes defendant recieved good and services from the OC, and that it has not been comopensated for said goods ......

17. Plaintiff states that it should recover against the defendant on the basis of quantum merit and/or quasi-contract in that the plaintiff, as successor-in-interest to the OC, has not been compensated for goods and services...

18.As a direct and proximate result of the defendants breach of contract, plaintiff further states the defendant owes plaintiff xxxx plus interest....

WHEREFORE Plaintiff demands judgemnt against the defendant in the amount of....

 

AFFIDAVIT

 

I, some lady, being sworn state the following:

1. I am an authorized representative of the plaintiffin this case and am authorized to make the following statements and representations:

2. I make this affidavit on personal knowledge,

3. If sworn as a witness, I can testify competently to the facts staed here.

4. I have reviewed the file that is kept in the course of regularly conducted business activity. Based upon my review, I certify the statements set for in Complaint are true and correct, except as to matters stated to be on information and belief I certify that I verily believe the same to be true. Total amount owed to defendant to plaintiff as of xx/xx/xxxx is xxxxx.xx

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I would appreciate some help on this. Am going through the sticky on MI lawsuits and looks like I need a crash course on how to answer this. Not due until next week, but unfortunately need to leave town tomorrow evening for a funeral. Any help would be greatly appreciated!

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Welcome to the party. Let's start here:

 

When was the affidavit dated? When was the summons issued? It will be stamped on the summons.

 

There is good caselaw in Michigan against Unifund.  that affidavit was created for the sole purpose of obtaining a default judgment in the event you did not respond to the lawsuit.

 

Based upon the dates between the two, you might have to file a counter affidavit.

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The affidavit was stamped 12-14 and the summons issued 12-17.  The summons expired 3-18 but they day before they issued a second summons and an order for alternate service claiming service cannot be reasonably made (although I doubt any service was attempted between 12-17 and 3-17)

 

Actually, the affidavit is not signed or notorized. Just has the 12-14 date stamped on it from the court as the summons.

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Here in MI, you can get an answer form at the court house.

Also, you will need to answer each numbered item in their summons.

Admit or Deny....

You have to respond to each numbered allegation in the complaint in one of the following three ways: MCR 2.111©(1)(2)(3).

A. The Defendant denies this allegation in its entirety
B. The Defendant admits this allegation in its entirety
C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation.

( which has the effect of a denial)

(good examples for this on bmc100's sticky)

Thread #1

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

At the end of your answers you can state your Affirmative defenses:

You should limit how many of these you use, as you will have to prove them.

Safe to use

Affirmative Defenses:

Lack of Standing. Plaintiff fails to state a claim upon which relief should be granted.

 

Also, Here is a link in the forums forms thread, for answers. example for MI...(edit to suit your case).

Thread #1114031

http://www.creditinfocenter.com/community/index.php?app=core&module=search&do=search&fromMainBar=1

However, I would only use lack of standing for an affirmative defenses. jmo

 

I would definately make an affidavit.

Read bmc100's link thread  #87.

http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/page-5

 

You stated that the Plaintiff's affidavit is not signed or notorized...

So you want to be sure you submit your own affidavit ...be sure to get it notorized.
Banks do this for free or a couple bucks.

 

You will need to file your answer and affidavit and proof of service, with the court and also send a copy to the Plaintiff's attorney.

You also will need to include a proof of service.

Statement stating what you sent and when to Plaintiff's attorney..

For example:  I whoever you are sent by registered mail, a copy of "Defendants Answer and Affidavit", to Whoever the Plaintiff's attorney is, their address etc.  On whatever date...

Sign and date the doc.

 

Also, they are claiming breach of contract. 
But did not include a contract in the complaint.  Also did not include any statements showing any purchases.

Hang in there~ bmc100 is very helpful and has helped numerous people in michigan win ~!

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