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This is the 4th time the judeg is hearing the JDB summary disposition. I am a complete novice. I want help defending myself. I need to submit an amendment by tomorrow to be within the 7 days of judge hearing the motion. 

 

I will type Plaintiff's motion for Summary disposition here:

 

1. On or about Nov 2002, Defendent entered into a Contract with Plaintiff's assignor whereby Plaintiff's assignor provided certain credit to Defendent based upon Defendent's promise to pay for same and more specifically described as account number *************. (see exhibit 1)

 

2. Based on the above, Plaintiff's assignor did ptovide the credit, which Defendent did receive.

 

3. Thereafter, Plaintiff's assignor sent monthly invoices to Defendent for the credit extended and Defendent made payments, or partial payments, thereof.

 

4. Prior to June 21, 2008, Defendent breached the Contract for the credit extended with Plaintiff's assignor by failing to properly remit payments to Plaintiff's assignor based on the monthly invoices (See Exhibit 1).

 

5. The account and underlying debt subsequently assigned to Plaintiff. (See Exhibit 3). 

 

6. Plaintiff filed its Complaint on or about June 28, 2013, in order to recover the sums due and owing from Defendent under the terms of the Contract. 

 

7. Defendent fi;ed an Answer, denying owing Plaintiff for the credit extended. 

 

8. Pursuant to MCR 2.116©(9), Defendent has failed to state a valid defense to Plaintiff's cause of action.

 

9. Pursuant to MCR 2.116©(10), there is no genuine issue as to any material fact, and Plaintiff is entitled to Judgment by law. 

_______________________________________________________________________________________________________

 

I am prepared to send my answer to the summons  and Complaint to whomever is willing to help me on this forum via inbox as well as my responses to their Motion for Summary Disposition, which I can paste here. I am in the process of amending those answers by tomorrow morning based on Case Laws:

1. Lack of Capacity to Sue

2. Mistake

3. Insufficient Personal Guaranty

4. FACTA "prevents victim of Identity theft including a prohibition of collection of debts incurred." 

 

As well, I have read threads from bcm100 which states that if a proper bill of sale and notorized copy of the assignment wasn't included in the filing, I should have the case immediately dismissed. 

________________________________________________________________________________________________________

 

Trust me, time is of the essence and I will do as I am told. 

 

I have had phone conversation with the JDB as well as tried to settle with them via phone. Those calls were recorded. "I NEVER ADMITTED TO HAVING THE DEBT nor RECEIVING ANY STATEMENTS. I did however impluicate that it may have been my mother or sister....because I truly believe this is the case- if the debt is true. 

 

My sister and mother denies ever having incurred the debt as well. 

 

I do not know exactly what to do. Please answer in as timely a fashion as possible. I was hoping I could get help from bcm100.

 

Thanks!

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With regards to Number 4 you cannot simply imply that it might have been identity theft.  You have to file the FACTA complaint timely and then follow it up with a police report as well.  Otherwise everyone would simply do that to avoid their debts. 

 

I also suspect you can't simply say "mistake" without demonstrating what mistake the plaintiff made not just that the suit is a mistake and there is case law.

 

There does not have to be a personal guarantee on an individual account.  Personal guarantees are done on business accounts.  

 

Michigan is VERY creditor friendly.  You are going to need more than this to defeat them.

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