Served 24OCT13 From AA LLC(Kalkaska County, MI)

[EastAfghan]

1. Who is suing you? AA LLC

 

2. For how much? 18,XXX

 

3. Who is the original creditor? Navy Federal Credit Union

 

4. How do yo know you are being sued? Summons and complaint served 24OCT13

 

5. How were you severed? At residence to a competent person

 

  6. What was your correspondence (if any) with the people suing you before you think you were being sued? None.

 

7. Where do you live? Residence in Kalkaska County, MI

 

8. When is the last time you paid on this account? December 17, 2007

 

9. What is the status of your case (if anything has been opened)? Received summons on 24OCT13

 

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Attached to the file was a communication from the debtor mailed to a previous address in a different county. Noted at the bottom of the letter *Not previously mailed. This was dated July 10, 2013

 

11. Did you request debt validation before the suit was filed? I was not informed that they owned the debt

 

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. Yes

 

 

 

Ihave been reading as much as I can on this subject. I am currently in Afghanistan but not in the military. I talked to a court clerk and was informed that I could submit simple admit/deny answers. I also asked about asking for certain dates in court so I can actually be in country and she said that because this was a special case with me being employed outside of the US that she could work that out.

 

I did read bmc100's pinned post.

 

1. Should I file a motion to dismiss first?

 

2. This is a lot of info all at once, so I apologize if I missed a key piece in another thread. If you point me in the right direction I will investigate.

 

3. Should I stick with simple admit/deny or go into depth with the answers?

 

4. The affidavit of account was created by AA LLC in Macomb County, while the OC is in Deleware.

 

5. As stated above, there was no previous atempt to contact me before 10JUL13. There was an initil complaint filed on 18JUL13 and then an "Extended Summons and Complaint" filed on 26SEP13.

 

6. I know I am missing info, please be kind!

 

Thanks in advance, from the hot sandbox.

[Public Enemy]

These threads by members here are from different states but they were both sued by AA where the OC was Navy Federal Credit Union.  There may be something useful in there for you.

 

http://www.creditinfocenter.com/community/topic/317338-my-case-with-a-major-jdb-started-today/?hl=%2Bnavy+%2Bcredit+%2Bunion

 

 

http://www.creditinfocenter.com/community/topic/319068-update-case-dismissed-against-asset-acceptance-in-il/?hl=%2Bnavy+%2Bcredit+%2Bunion

[EastAfghan]

These threads by members here are from different states but they were both sued by AA where the OC was Navy Federal Credit Union.  There may be something useful in there for you.

 

http://www.creditinfocenter.com/community/topic/317338-my-case-with-a-major-jdb-started-today/?hl=%2Bnavy+%2Bcredit+%2Bunion

 

 

http://www.creditinfocenter.com/community/topic/319068-update-case-dismissed-against-asset-acceptance-in-il/?hl=%2Bnavy+%2Bcredit+%2Bunion

 

 

Thank you so much! It's hard trying to get all the info over here with encoded internet and all. I am glad this resource is here and active! I am going to attach my documents (redacted). Please have a look.

Redacted Legal Papers 1.pdf

Redacted Legal Papers 2.pdf

Redacted Legal Papers 3.pdf

Redacted Legal Papers 4.pdf

[EastAfghan]

One more question is the "letter" that was sent informing me of them owning the debt shows an address in Ingham county. 8 days later they filed the first summons in Kalkaska County, hours away, with my correct address on the summons. Are they supposd to show "good faith" in collection and can I go for MTD based on this ground?

If I file for a MTD do I have to show my reasoning?

I apologize if I am asking questions already answered previously but there is A LOT of info on this site.

Redacted Legal Papers 5.pdf

Redacted Legal Papers 6.pdf

[bmc100]

You are going to file an answer. 

[EastAfghan]

Right. Just an answer and as you have stated in other threads on here, I should detail my denials, correct? Thanks bmc100, I know you are the Michigan Man!

[EastAfghan]

Here is my (updated) draft for my answer. My final statement hasn't been added though. The format was pulled roughly from the SCAO form provided for Michigan.

Court Address Court telephone no.

86B DISTRICT COURT 605 N. BIRCH ST. KALKASKA, MI 49646 (231)258-3300

NOW COMES the Defendant, MR. XXX, in answer to the complaint states:

1. The Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegation.

2. the Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegation. Without the agreement, the court cannot determine what state laws govern the agreement, where the contract was signed or if there is an alternative dispute resolution method stipulated in the agreement, therefore as I am here in pro per both personal and subject matter jurisdiction is challenged.

3. The defendant denies this allegation in its entirety because Plaintiff has provided no proof of an alleged agreement between Defendant and Navy Federal Credit Union. Plaintiff is making an unsupported statement that a contract or agreement exists without providing an account agreement or details regarding the alleged account. MCR 2.113 (F) (1).

4. The defendant denies this allegation in its "In all actions brought in any of the courts of this state, to recover the amount due on an open account or upon an account stated, if the plaintiff or someone in his behalf makes an affidavit of the amount due, as near as he can estimate the same, over and above all legal counterclaims and annexes thereto a copy of said account, and cause a copy of said affidavit and account to be served upon the defendant, with a copy of the complaint filed in the cause or with the process by which such action is commenced, such affidavit shall be deemed prima facie evidence of such indebtedness" MCL 600.2145.

5. The defendant denies this allegation in its entirety because Plaintiff has provided no proof of an alleged agreement between Palintif and Navy Federal Credit Union. Plaintiff is making an unsupported statement that a contract or agreement exists without providing an account agreement or details regarding the alleged account. MCR 2.113 (F) (1).

6. The defendant denies this allegation in its entirety because Plaintiff has provided no proof of an alleged notification prior to filing the initial lawsuit. Plaintiff is making an unsupported statement that a contract or agreement exists without providing an account agreement or details regarding the alleged account. MCR 2.113 (F) (1).

7. The defendant denies this allegation in its entirety because Plaintiff has provided no proof of an alleged agreement between Defendant and Plaintiff. Plaintiff is making an unsupported statement that a contract or agreement exists without providing an account agreement or details regarding the alleged account. MCR 2.113 (F) (1).

8. The defendant denies this allegation in its entirety because Plaintiff has provided no proof of an alleged agreement between Defendant and Plaintiff. Plaintiff is making an unsupported statement that a contract or agreement exists without providing an account agreement or details regarding the alleged account. MCR 2.113 (F) (1).

I am sure I missed part of your point Public Enemmy. I apologize for my ignorance haha. Just want to make sure I get this right the first time! Thanks a million!

Edited November 5, 2013 by EastAfghan

[Public Enemy]

Look at the thread that bmc100 made on fighting a JDB in Michigan.

 

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

 

 

 

...

2. 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.

MCR 2.111(D) - Form of denials, Each denial must state the substance of the matters upon which the pleader will rely upon to support the denial.

3. You cannot object to an allegation or just simply deny the allegations. You need to support the denial with a defense to the allegation or some other issue that exists. I see too many posters objecting to allegations, which is an easy path to a judgment.

 

...

[1stStep]

They may have sued you in the wrong court... if they have, then you have a nice FDCPA claim against them. If this is the case, sue both AA and the law firm in Federal - this will give you some leverage... 

[debtzapper]

If they did sue you in the wrong court and you have a FDCPA violation, a consumer lawyer may represent you with no money up front due to the fee shifting provision of the act.  Here are some lawyers.  A consultation is free.  I know it's difficult from where you are, but fighting a lawsuit from where you are would be even harder.

 

http://lemberglaw.com

 

http://www.michiganconsumerlaw.com/Attorneys/

[EastAfghan]

They sued me in the proper venue.

The initial contact stating they own the debt was sent to the incorrect address in a different county, 8 days before the initial summons was filed in the correct county.

[EastAfghan]

Updated my Answer to what I think Public Enemy was referring to...

[EastAfghan]

Can anyone give me a hand on this? I think I may have "Lack of Standing" and "Failure to State a Claim" mixed up. For answer #3 I am really unsure...

[Savoir]

Account Stated http://www.mcbaonline.com/UserFiles/File/Account%20Stated%20memorandum.pdf
The heart of an account stated claim is the prior relationship between the parties. With a JDB there is no prior relationship. Yes, they step in the shoes of the original creditor, but that means they step into all the responsibilities of the original creditor. A junk debt buyer can't testify to how the prior relationship with the Defendant went.

They would need the original creditor, and somebody from the creditor with personal knowledge, to establish the account stated.

 

Lack of Standing http://www.creditinfocenter.com/community/topic/311242-lack-of-standing/ (Also see MCR 2.111 ( (1); MCR 2.112 (A) (2)

 

I’m going to go out on a limb here and say that if your answers to the allegations in the complaint are still the same as you posted in #7, they are going to make the judge believe that you found a link on the internet and just copy and pasted.

 

Granted, according to the documents that you have uploaded, plaintiff has not provided you with proof of standing to sue (documents establishing ownership of your alleged account) but, I believe that they have ‘stated a claim’ if left unchallenged.

Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy.

 

I would answer the allegations with a little more specificity;
(Ex. #3) Defendant denies. Plaintiff has provided no proof of an alleged agreement between Defendant and Navy Federal Credit Union. Plaintiff is making an unsupported statement that a contract or agreement exists without providing an account agreement or details regarding the alleged account. MCR 2.113 (F) (1)

[EastAfghan]

Oh thank you so much! I am freaking out about this whole thing and appreciate all of the help you have provided!

[bmc100]

Why are you freaking out? This is the easy part. All you have to do is file an answer, then the fun begins.

[EastAfghan]

 

Why are you freaking out? This is the easy part. All you have to do is file an answer, then the fun begins.

 

Thanks for the perk up, let's hope its fun! The freak out is my distance from the issue mainly. I guess it's not really that big an issue though if I can do it all through e-mail, never been sued before either...

You guys are really awesome here! Really appreciate the help guys & gals!

[Savoir]

Well ........... you probably won't be able to do it all through email.

You'll end up serving discovery on the plaintiff and most likely,filing motions to the court.

Research writing effective motions and develop a strategy for your discovery requests.

 

You better get familiar with the issues and undistance yourself.

It can be fun .......... but it's not a game.

[EastAfghan]

It's hard to undistance myself from 12000 miles away where I work and there being little to no jobs to be had in Michigan in my industry as well as a child requiring constant care and paying child support. Haha. So I need to do as much as I can from over here unfortunately.

I will work on your assignment Savior and thanks for your reply!

[Public Enemy]

Is there any way for EastAfghan to stay the case while he/she is out of the country?

 

If so, it would buy them some time to read the board more and study their court rules.

[EastAfghan]

OK thanks for everyone's help. I updated the answers again with, what I believe, ar emore defined statements suiting each allegation. Can all of you great and intelligent persons review and inform me of error? Much thanks!

An aside.

Should I add affirmative defenses asserting MCR 2.116 (8) and (9)? Or would this be in a closing statement or a seperate motion for summary disposition?

Thank you all so very much!

[bmc100]

If this was not your first rodeo, I would be telling you to approach your suit in a different manner. For the sake of time and energy, the easiest way for you to deal with this suit is to file an answer.

 

If you had experience, I would be telling you to contest jurisdiction since AA did not attach any proof of an account to the complaint, nor did they attach the terms and conditions of the account to the complaint as well. 

 

I would change the reasoning of your denial for Allegations 1, 2 and 4. Since the only cause of action that AA pleaded was account stated, use MCL 600.2145 "Account Stated" as a part of your denial for #4. 

 

Since AA did not provide any proof of the debt to the complaint use the Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. This is for Allegations 1 and 2

 

For Allegation 2 where they claim the court holds jurisdiction, bring up this: 

 

Without the agreement, the court cannot determine what state laws govern the agreement, where the contract was signed or if there is an alternative dispute resolution method stipulated in the agreement, therefore as I am here in pro per both personal and subject matter jurisdiction is challenged. 

[EastAfghan]

Ok thanks @bmc100 ! I appreciate your answer as I have read your statement on helping persons that don't get it and you can tell whensaid person will fail. I take your replies as complement/faith!

I did get confused with what you are saying about Allegation 1. I know you stated in your Michigan thread deny deny deny. I am sorry if I am not getting that part. I did correct my answers in my "Answer" post to what I beleive you are putting down. Hopefully I am picking it up.

[bmc100]

Last, you are going to want to create your own affidavit stating things like:

 

1. I never entered into a contract or agreement with the Plaintiff or its assignor.

 

2. I have never made payment or made charges to account No. XXXXXX

 

3. I have never received billing statements from the Plaintiff or Plaintiff's assignor.

 

4. There is not  an agreement made between Plaintiff and Defendant upon any alleged balance that is due an owing on an open account.

 

5. I disagree as to the amount the Plaintiff claims is due and owing.

 

6. I have never received any notice of assignment at the time the Plaintiff allegedly acquired the alleged account in question from their assignor. 

 

These are some ideas as it relates to an account stated claim.

[Savoir]

............. and file it with your answer !!! ........... or at least within 10 days thereof.