Help! Motion For Summary Dispositon Attack in Michigan

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Who is the named plaintiff in the suit? JDB


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


3. How much are you being sued for?$152.42 includes court fees


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


5. How do you know you are being sued? (You were served, right?)Never received an original letter to validate. Just served and the server did not take my signature.


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


7. Was the service legal as required by your state? Not sure, he gave me the letter and walked away. He did not ask for my signature.


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? I'd never heard from them prior to the complaint. If they sent a letter, I never received it.


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


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)March 2007


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


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  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Motion of Summary Judgement filed May 16, 2013. Pre-tail orders gave the May 27, 2013 for all motions, dispositive or oterwise, must be filed with court.


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)The debt was never on my credit report. I did not have time to dispute except for the ANSWER. I don't think I did that right because immediately the date was set for pre-trail.


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. I mention debt validation in my ANSWER. However, I don't feel I did it correctly.


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? We've gone through all Discovery in which I didn't do correctly because I didn't give them a admit/deny. However, I asked them questions regarding my


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. They just gave me a complaint letter and the time I had to respond. No affidavit or anything.


Later, I received a date for the pre-trail. I mentioned lack of information or knowledge and the judge immediately set a trial date. One mistake I made was when the Plaintiff called me into the hall and asked me if I ever had an account with American Express and I said "No." I told him I wanted to discuss this in the courtroom. That's when I mentioned the above statement.

Now, JDB has issued a MSJ because I admitted to most of the Admissions questions regarding my residence and the fact that I did have an account with AE. My concern is that Hirishberg subpoenaed my bank account before they made contact with me about the debt. Before they contacted me, they had my bank account information, my driver's license, and statements from AE. My bank account showed where I had paid electronically on the account. I was never told that my bank account had been subpeonaed until a year later. They sent it to me at the end of March 2013. Then they said in the MSJ that they supeonaed my account 3/21/13 which is not true and if they did, they didn't inform me. Also, it would have been their second subpeona because the first was done in 2012 before they made contact with me. The  Is that fraudulent? They even have a copy of my application from the bank with my personal info and signature for when I opened the account. It also states my social security number and my driver's license no. That's how they received most of my info. The Bill of Sale from the OC was not signed and none of the other Bill of sales had affidavits. During Discovery they did not submit a signed contract by me, no contract with Hirshberg and OC. I asked for the Subpoena order, they stated alread enclosed, but it was the one from 2012. I asked for the Bill of Sale and Assignment of Account in question, issued to the Plaintiff by OC just to see if they needed to make a correction because the OC signed to someone else but without signatures or affidavit (at least it wasn't included with the copy of the Bill of Sales sent to me). This is where I am. I have until May 22, 2013 or May 24, 2013 to finish this. Please help me and thank you all for taking the time to hear my plead.



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