Jump to content

Being sued in Michigan


Recommended Posts

@bmc100

 

Hello bmc100.  First of all, thank you in advance for all of the information you've posted throughout this forum. This is my first time being in this situation so I have no experience with these types of matters.  I've been served with..

 

a complaint (complaints listed below),

a "Statement of Account" which has my name/address, a reference to the OC as "issuer", the JDB as the "assignee", a partial account number, a balance at purchase of xxxx, a bogus payment and an amount owed of yyyyyy.  Note:  Amounts xxxx and yyyyyy are amounts I've never been documented as owing an OC.

 

There's also an affidavit from the JDB (affidavit info below).  

 

I've been trying to read up since receiving the summons and a lot of what I've read say to answer the complaint.  I just found your thread and was having trouble understanding whether or not Answering the summons was needed along with the Motion to Dismiss or if the Answer isn't necessary once I file the motion.  Here's my info.  Please excuse me if I haven't provided the info you need to help me.  Thanks.

 

Complaints

 

Plaintiff's predecessor in interest is OC

 

Plaintiff's assignor allowed defendant to charge goods on open account upon defendant's promise to pay

 

Upon info and belief, defendant has possession of agreement 

 

Plaintiff's assignor sent statements to defendant who did not dispute charges within a reasonable time

 

Plaintiff and its predecessors have performed its obligations under terms of the agreement

 

Defendant has not paid the balance despite Plaintiff and Plaintiff's assignor demands for payment

 

Defendant is now indebted to Plaintiff over and above all legal counterclaims in the amount of xxxx. See attached documents which evidence plaintiff's assignment.

 

Affidavit (which is 2 months stale)

 

I am competent to testify

 

I am an authorized employee........I am authorized to make statements, representations......and do so based upon review of the business records of the Account assignee and records transferred to account assignee from OC ("Account Seller") which have become part of assignee's business records in ordinary course of business.

 

According to the business records, all proceeds of the account are owned by assignee and all of the seller's interest in such account have been assigned and transferred by the seller.  Further, account assignee has been assigned all of account seller's power and authority for settlement, collection of the account.

 

According to the business records transferred to the assignee from the seller, there was due and payable from "my name" (debtor) to the account seller the sum of xxxxxx with respect to account ending in xxxx. 

 

According to the account records of Account assignee, after all known payments, counterclaims subsequent to the date of sale, account assignee claims the sum of yyyyyyy as due and owing.

 

 

Thanks!

Link to comment
Share on other sites

The experienced members of the site will also appreciate you answering the Q's found in this thread:

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

Were you served just today?

Answering the Complaint is most definitely required! You have to answer in order to prove to the court that you have valid reason that the JDB should not be awarded a default judgment against you.

Take a look at your court's and state's rules for answering. You will have a certain amount of time to reply, usually within the span of 20-30 days. You will need to file a copy with the court AND serve a copy to the JDB's attorney, heavily recommended option being certified mail with return receipt requested.

Do you have a way to scan (and redact) the stuff they gave you? The good guys here will be able to help you much easier with that info as well.

Link to comment
Share on other sites

Here's some reading for you to do after you answer the questions requested by DJP1986.

 

Michigan Rules of Civil Procedure

Michigan Evidence Bench book

Circuit Court Civil Bench book

 

Save the pdf files to your hard drive .......... you will be referring to them often.

 

I believe that bmc100 suggested a motion to dismiss if the plaintiff didn't plead assignment; according to your complaint, I think that has been pleaded.

It would be very helpful if you listed the exhibits they included with the complaint.

Link to comment
Share on other sites

Poster, Why would you aim this post at me and assume that I will help you?

 

I am not trying to be mean or disrespectful here. I do hope that the information on this site is of help to you. I have made it quite clear that based upon a few posters taking advantage of my help that I have backed off on helping people. 

 

To start:

 

WHo is suing you?

 

What was attached to the complaint other than the affidavit?

 

When was the summons issued and what date was the affidavit created or signed?

 

Have you received any letters, written correspondences or calls from the JDB?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.