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Need help n my answer help would be greatly appreciat

 

complaint

 

1.The plaintiff is the owner of the within credit card account through Purchase, bearing account number xxxxxxxxxxx5211

 

2.By use of the account, the Defendant became bound by the terms in the credit card agreement .The existence of the existence of this debt is established in the exhibit attached hereto as exhibit a

 

3. the Plaintiff has exercised its rights pursuant to the terms of sad agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff.

 

4. that there is now due and owing to Plaintiff 2994.24 on said credit card agreement

 

5. that further, Defendants account has accured intrest in the amount of 513.70 through April 4 2013

 

6.Although demand has been made upon the defendant to liquidate the balance due and owing, the defendant failed to due so

 

 

Answer

 

1. plaintiff has provided no evdance in support of this statement, therefore, Defendant denies the allegation and demands strict proof

 

2. the attached exhibit provides no evidence of the existence of an account allegedly owed by the Defendant, Therefore, Defendant Denies the allegations and demands strict proof

 

3.the Plaintiff has provided no evidence in support of this statement and the defendant lacks knowledge or information sufficient to for a belief as to the truth of this statement. strict proof is required

 

4..the Plaintiff has provided no evidence in support of this statement and the defendant lacks knowledge or information sufficient to for a belief as to the truth of this statement. strict proof is required

 

5.the Plaintiff has provided no evidence in support of this statement and the defendant lacks knowledge or information sufficient to for a belief as to the truth of this statement. strict proof is required

 

6.the Plaintiff has provided no evidence in support of this statement and the defendant lacks knowledge or information sufficient to for a belief as to the truth of this statement. strict proof is required

 

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3 - 6 need the word "denies" somewhere.

 

bcm100 should be along soon to make sure all else is OK. I think Michigan is unique where a simple DENY isn't enough, you need an explanation which you provided.

 

You'll also get more help if you answer these. Be vague with numbers and redact anything personal.

 

 

 

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 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).

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.

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

19. 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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Scratch that answer, it does not comply with Rules of Procedure. You have to first state your denial, then provide your reasoning.

 

1. They failed to comply with the rules from the start, unless they are using the court form to establish where you reside and the court has jurisdiction.

 

2. This complaint from the get go should be fairly easy to defend, if the only exhibit they attached was an copy of some terms and conditions. They did not attach an affdavit? or an account statement?

 

3. I would deny all their allegations and state as the reasoning that the Plaintiff has failed to attach any evidence to show that what they claiming is correct.

 

With your case, discovery is where you have to nail them. When they object to your discovery requests, they will not have the information. You hit them with a letter to confer and when they state they do not have any additional evidence, you file a MSJ.

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You are going to want to file an affidavit, make sure it is notarized. I guarantee you, they will not amend their complaint to file a counter-affidavit. In the affidavit, you are going to deny all of the parts that make up an account stated claim and breach of contract that pertain to the allegations they are making in their complaint.

 

You can use the affidavit against them at the MSJ hearing, if their is one. First, put together your answer...then we can work on the affidavit.

 

Were you served in person or by mail?

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I was served in person on friday the third of may

 

Great. You've got plenty of time. 20 days to get an answer from when you were served so you're in good shape and you have King Bmc100 on your team! The best in Michigan.

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1.The plaintiff is the owner of the within credit card account through Purchase, bearing account number xxxxxxxxxxx5211

 

Denied.  Defendant is not familiar with business procedures or transactions of Plaintiff.  Calls for guesswork on behalf of Defendant. 

 

2.By use of the account, the Defendant became bound by the terms in the credit card agreement .The existence of the existence of this debt is established in the exhibit attached hereto as exhibit a

 

Denied.  The contract copy is not dated nor notarized.  Defendant has no way of knowing if this was the agreement in force at the alleged time of the entering of Defendant into implied contract with Plaintiff.  

 

3. the Plaintiff has exercised its rights pursuant to the terms of sad agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff.

 

Denied.  The contract copy is not dated nor notarized.  Defendant has no way of knowing if this was the agreement in force at the alleged time of the entering of Defendant into implied contract with Plaintiff.  In addition, Defendant is not familiar with Plaintiff's business procedures and has no way of knowing if Plaintiff was compliant with any agreement.  

4. that there is now due and owing to Plaintiff 2994.24 on said credit card agreement

 

Denied. 

5. that further, Defendants account has accured intrest in the amount of 513.70 through April 4 2013

 

Denied. 

6.Although demand has been made upon the defendant to liquidate the balance due and owing, the defendant failed to due so

 

Denied that demand has been made and denied that defendant failed to comply with the demands.  

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fill out the 20 questions flyerfan posted up there.  It may be beneficial to you as the lawyers listed what they need to prove assignment in that letter.  If the plaintiff does not have that, you know they should not prevail.  It would help to know if this is an original creditor or a JBD.  If it is an original creditor, they will probably have the required paperwork, as they did not assign it to anyone.

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Admin is correct .......... deny all allegations against you.

The only additionl information I would add is that according to MCR 2.111 (D) you "must state the substance of the matters upon which you will rely on to support the denial".

 

In other words ......... give a reason why you deny.

 

The same holds true for every answer you give that claims you "lack knowledge or information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial".

 

If you deny an allegation in Michigan ........... you must state the reason why you deny.

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This is just the initial salvo ............ you've got a ways to go .......... you'll be fine ...........

 

Read the Rules of Civil Procedure and the Rules of Evidence and understand them .......... any questions? .......... post here.

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Please read this caselaw. Refer to sub-section 311, which can be found on the left hand side of the page. It will refer to the civil rule (MCR 2.111(F)),  where you need to raise a defense in your responsive pleading or you waive any defense to the claims that the Plaintiff is making.

 

http://scholar.google.com/scholar_case?case=5486061623055519458&q=MCR+2.111&hl=en&as_sdt=4,23

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  • 2 weeks later...
  • 3 weeks later...

Pre Trial Con Wednesday not sure what to expect .

received there answers to questions and they stated they have all the assignment paperwork plus going to have someone from lvnv funding testify to affidavit but

still the only evidence attached to anything is a photo coped contract .

they are claiming to have all this documentation but not proving anything.

 

really nervous  now the next step will be for them to file a msj .

 

does anyone know what to expect at a pretrial confrence

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Pretrials are no biggie. The judge will ask if both sides are playing nice, is anyone holding up discovery, etc. Nothing is won or lost at a pre-trial conference.

 

They stated they have all of the assignment paperwork but didn't give it to you? Did you request it?

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