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Being sued by a JDB in Michigan, please help!


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Hi, so Im currently completing a motion to strike the plaintiff's motion for summary judgement.  I discussed how the junk debt buyer's affiant has no personal knowledge of how the original creditor's business records were kept.  But then, I noticed that an affidavit of the original creditor is also attatched.  It says how the original creditor sold a pool of charged off documents to the JDB but does not state my name or account number.  Should I address this in my motion?  If so, what should I say?  Thank you so much!

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What you are describing is part of the bill of sale, most likely.

 

Have you requested discovery? 

 

A one piece document from the OC, with no identifying remarks that indicate that YOURS is one of the debts being sold, is not proof that you owe money to the JDB.

 

If discovery has not started, I would object to the MSJ based on that alone--what do they really have?

 

In any case, for any JDB, you have a lot of case law to cite in your Motion in Opposition. I'm not from MI, so mine is different than yours. Look for MI cases here, you'll get ideas of what might work.

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Not only should your strategy be tailored for your local/state court it may also depend on who you are dealing with and other factors.

Answer these questions in this format. It will help others here help you. Round off all numbers and do not include any personal info.

 

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? 

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 

16. 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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