I was just served today at work!

[azy123]

1. Who is the named plaintiff in the suit?

 

Lvnv Funding LLC

 

2. What is the name of the law firm handling the suit?

 

Stenger & Stenger

 

3. How much are you being sued for?

 

900$

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

 

(world Financial Network National Bank)

5. How do you know you are being sued? (You were served, right?)

 

Physically served at work

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

 

In person

7. Was the service legal as required by your state?

 

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 

None

9. What state and county do you live in?

 

Michigan

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

 

within limits still

11. What is the SOL on the debt? To find out:

 

6 years

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).

 

suit served?

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

 

No

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.

 

No. I never knew they were trying to serve me.

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?

 

21 days. Count 1) Breach of Contract. Count 2) Account Stated

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

An Affidavit (exhibit A) And a cheaply computer generated "account Statement" (exhibit B ) (looks like something any person could type up in MS Office)

[azy123]

Jurisdictional Allegations -

 

1. plaintiff is the assignee of defendant's victorias secret account issued by world financial network national bank. (WFNNB)

2. upon info and belief, defendant, resides at [address] (they have the wrong address)

3. the amont in controversy , exclusive of interest and costs, is less than 25,000.

4. on nov 10, 2007 defendant opened account with WFNNB. an agreement ("agreement") was delivered to defendant and to the best of plaintiffs knowledge, is in defendants possession.

5. defendant accepted terms of the agreement by use of the account

6. defendant failed to make payments as agreed upon and the account is in default.

7. as of dec 17, 2013 there was due and owing the sum of 923.22, as is more fully set out in plaintiffs affidavit of account attached as exibit A and account statement attached as exhibit B.

8. despite repeated demands, defendant have failed to pay the amount due the account is in default.

9. to avoid substantial injustice, defendant should be required to repay plaintiff the sum due.

 

Count 1 - breach of contract

 

10. plaintiff restates and realleges paragraphs 1 through 9 herein.

11. defendant is in breach of contract by failing to pay as agreed upon and there remains an unpaid balance of 923.

 

Count 2 - account stated

 

12. plaintiff restates and realleges paragraphs 1 through 11 herein.

13. defednant received statements on the WFNNB account and failed to object to the accuracy of these statements.

14. the account has become stated between the parties.

 

plaintiff requests a judgement in its favor and against defendant in the amount of 923, plus interest,costs and such other relief as may be appropriate.

 

[signature]

 

exhibit A -

1. I am anauthorized rep for lvnv. I am authorized to make this affidavit on its behalf, and the info below is true and correct to the best of my info and belief based on the plaintiffs business records.

2. I have personal knowledge regarding plaintiffs creation and maintenance of its normal business books and records, including cmputer records of its accounts receivable. this info was regularly and contemporaneously maintained during course of the plaintiffs business.

3.In the ordinary course of business, plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts, and/or other credit lines. the records provided to plaintiff have been represented to include info provided by the origional creditor or its successors in interest. such info includes the debtors name, ssn, account balance, the identity of the origional creditor and the account number.

4. to the best of my knowledge and belief, the defendant is not a minor or mentally incompetent person.

5. based upon the business records maintained on account [x] which are a compilation of the info provided upon acquisition and info obtained since acquisition, the account is the result of the extension of credit to [me] by WFNNB on or about 11/10/2007 (date of origination). said business records further indicate account was then owned by ncop xi, llc, that ncop xi, llc later sold and/or assigned portfolio [x] to plaintiffs assignor wich included the defendants account on 8/30/2011 (date of assignment) and on the date of assignment, all ownership rights were assigned to, transferred to, and became vested in plaintiff, including the right to collect the purchased balance owing of 923.

 

I affirm under penealty of perjury that the above facts are true and correct.

 

[signatures]

 

Exhibit B -

 

typed up account statement.

 

contains issuer (WFNNB)

My address, which is some place I've never lived.

Account #

 

statement prepared on behalf of lvnv based on records from WFNNB. not origional statement.

[Savoir]

Please post the wording of the affidavit also.

[azy123]

I think that is exhibit A? I'm unsure.

 

Can I just scan and upload it? My fingers are tired! lol

[Savoir]

Yeah ......... Exhibit A is the affidavit which attests to nothing more than hearsay. Rest your weary fingers for now.

 

You will have to file an answer to the complaint within 21 days from the day after you were served (close of business Apr. 4) in which you will deny all of the allegations except those which are true.

You will also need to include an affidavit of your own refuting the claims of plaintiff's affidavit.

 

It sounds as if this alleged debt has passed through a few hands ("said business records further indicate account was then owned by ncop xi, llc, that ncop xi, llc later sold and/or assigned portfolio 16665 to plaintiffs assignor").

They should have quite the time proving that they have standing to sue. In order to do so, they have to provide a bill of sale for every transfer of ownership of the alleged account in order to establish an unbroken chain of assignment.

 

You are apparently, somewhat familiar with this board as you answered the most often asked questions right off the bat but, just to make sure that you didn't miss it you should read Those being sued in Michigan by a JDB, step by step in Defending posted by another CIC member from Michigan (bmc100).

 

Here is some other reading that you will need to be familiar with:

Michigan Rules of Civil Procedure

Michigan Rules of Evidence

 

After reading and formulating a strategy ........ feel free to ask questions.

Keep all your postings in this thread to help facilitate continuity.

 

Stenger & Stenger has been beaten many times on this forum ............. I beat them myself in my first Pro Se suit.

[TomnTex]

Make sure that you always delete or block out any identifying info before you post.

[azy123]

Yeah ......... Exhibit A is the affidavit which attests to nothing more than hearsay. Rest your weary fingers for now.

 

You will have to file an answer to the complaint within 21 days from the day after you were served (close of business Apr. 4) in which you will deny all of the allegations except those which are true.

You will also need to include an affidavit of your own refuting the claims of plaintiff's affidavit.

 

It sounds as if this alleged debt has passed through a few hands ("said business records further indicate account was then owned by ncop xi, llc, that ncop xi, llc later sold and/or assigned portfolio 16665 to plaintiffs assignor").

They should have quite the time proving that they have standing to sue. In order to do so, they have to provide a bill of sale for every transfer of ownership of the alleged account in order to establish an unbroken chain of ownership.

 

You are apparently, somewhat familiar with this board as you answered the most often asked questions right off the bat but, just to make sure that you didn't miss it you should read Those being sued in Michigan by a JDB, step by step in Defending posted by another CIC member from Michigan (bmc100).

 

Here is some other reading that you will need to be familiar with:

Michigan Rules of Civil Procedure

Michigan Rules of Evidence

 

After reading and formulating a strategy ........ feel free to ask questions.

Keep all your postings in this thread to help facilitate continuity,

I have read the post by BMC100, It was very informative, but I am still very foggy on the whole process and much of the legal terms.

Thank you for the links you provided. I will read through them tomorrow as I'm pretty tired right now. It's been a long Friday on top of getting served! Lol!

 

Is there anything else I could supply or say that would be usefull to you wonderful people?

[azy123]

Make sure that you always delete or block out any identifying info before you post.

I hope I didn't miss something

[Savoir]

Ask questions on any foggy areas you encounter ......... the board is here to help.

Get some rest and then get ready to fight.

 

I hope I didn't miss something

 

So far ....... you haven't missed anything.

[RyanEX]

Posting this so quickly after getting served is a great start. Might take a little time to get your legs under you, but read & ask questions and you'll do fine. Priority #1 IMO is to circle that 21st day for responding and gearing up to do that on time.

[azy123]

@Savoir

@RyanEX

I want to try to stay on top of this and one step ahead.  Any suggestions/links/experiences are greatly appreciated and encouraged.

[Savoir]

Here is a thread by another MI poster that beat a JDB on an 'account stated' claim.

My Thoughts on Account Stated in MI and in General ............ good reading.

[Anon Amos]

I would use the time you have available to learn as much as you can before answering. Always use  time to your advantage and against them. Just don't be late answering the complaint (or any other procedures for that matter).

 

Find your state and local court rules and state rules of evidence and authentication. Hearsay, business records exception to it, rules of authentication, rule of completeness and best evidence rule.

[Savoir]

I would agree with Anon Amos ........... timing is everything.

[RyanEX]

I only have one suit under my belt, which I won (dismissal just before trial), so my expertise, if you want to call it that, is still novice compared to the many helpful minds here. My motto, a common one, was "admit nothing, deny everything" - make them work, leave the burden of proof on them as much as you can. What Savior mentioned above about this alleged debt (< tip #1: get used to addressing the debt this way at all times) is right on. Multiple assignees is plus for you. Get to know the abbreviations commonly used here so you don't skip a beat while reading. Create a bookmarks folder, with subfolders if you can, to keep track of all of this. Read a thread you like, save it. Same with links to Forms from your state and local court sites.

 

Best not to speak to the JDB/law firm. They want to communicate with you, have them put it in writing. Anytime they want to talk to you, they're looking to gather info to use against you. There's a member search feature under the member tab towards the top of the web page. There's an advanced feature that allows you to search by location to find members in particular states, localities. Find some and read their threads, will supplement your reading of the subjects that have been mentioned above so you understand Michigan procedure and the items the JDB will throw at you. JDBs love making documents look "official" and making it seem like they have a mountain of "evidence" - we almost all get the same "evidence" of our alleged debts: bills of sale, spreadsheets, a year or two of statements, affidavits in lieu of testimony, etc...you'll learn to see thru the BS.

[azy123]

Here is a thread by another MI poster that beat a JDB on an 'account stated' claim.

My Thoughts on Account Stated in MI and in General ............ good reading.

Great read. I feel like I understand a little more on how I should answer.

 

@Anon Amos

Agreed, I just hope I have enough time to learn everything to be able to answer effectively.

 

@RyanEX

Thanks for the link. I'm pretty positive they don't know how to contact me. They have my address wrong on the complaint even. I don't think they have any way to contact me honestly.

[Savoir]

I just thought I would say, since I find it a little humorous, they are located 360 miles away from me. They are honestly going to come from that far away for under 1000$?!

 

Stenger & Stenger will typically hire a lawyer that is local to your area to represent them in court.

[Savoir]

@RyanEX

Thanks for the link. I'm pretty positive they don't know how to contact me. They have my address wrong on the complaint even. I don't think they have any way to contact me honestly.

 

Not being able to contact you is not necessarily a good thing.

Granted, you don't want them harassing you on the phone but, you want to make sure that they have your correct address in order to receive notices of hearings or motions filed in your case.

 

Make sure that, in your answer, you give them the proper contact information.

You don't want a default entered against you due to missed or delayed communications

[TomnTex]

Try and stay off the phone with them and do it all by usps. Make sure you send everything CMRR. Also, try and go at least once, maybe twice to the court that you will be going to so that you can see what is going on, how things work and get to feel comfortable, should you have to go to court. If you do end up in court, they may try to get you to meet them in the hallway or some room to talk. Don't do it. They will be trying to settle, and when you refuse they will claim to have so much evidence that you will lose. Nine times out of ten they won't have a thing and will dismiss just before court.

[debtzapper]

Yes;, do go to court and hear debt collection cases.  Get a feel of it so it won't seem so unfamiliar to you.  If you are near a law school or the Mich State Supreme Court library, go and and ask the librarian if they have an Mich debt collection manuals or guidebooks.  If they do, read them to become familiar with laws and procedures.

[azy123]

@Savoir

I will be sure to give them the correct address when I send them my answer.

 

I wouldn't mind sitting in on a few cases, but I work more than 40 hours a week and am a attaending college currently. I just don't know where I would find the time, let alone if my schedule would cooperate with the courts case times. I'm not scared to go to court. I have sat in for jury duty before, but I doubt that helps in this matter. I live in a very small community and I just don't know how often cases like mine actually appear in court.

 

Would it be worth requesting a validation of debt?

[Savoir]

@

http://www.creditinfocenter.com/community/topic/266614-once-youre-in-court-dving-is-useless-really/

[azy123]

@

http://www.creditinfocenter.com/community/topic/266614-once-youre-in-court-dving-is-useless-really/

I figured as much.

 

Is there any straight forward examples out there that show how someone answered to a complaint? I'm still looking myself, but I figured someone might have something bookmarked to save some time.

[Savoir]

I don't remember seeing one ......... probably because complaints vary in allegations and wording so widely that it becomes impossible to formulate a meaningful template.

 

As to the formating of the answer ........ just design your document header the same as plaintiff's complaint.

I've designed a template ( in Word format) that you can look at to get you started.

MCR 2.113 covers the form of pleadings and other papers that you may file during the course of your case.

 

In Michigan, the standard is to answer each allegation, paragraph by paragraph, denying each of their claims (except your name and address). 

MCR 2.111 ( C thru F ) covers the form for responsive pleading.

[azy123]

I don't remember seeing one ......... probably because complaints vary in allegations and wording so widely that it becomes impossible to formulate a meaningful template.

 

As to the formating of the answer ........ just design your document header the same as plaintiff's complaint.

I've designed a template ( in Word format) that you can look at to get you started.

MCR 2.113 covers the form of pleadings and other papers that you may file during the course of your case.

 

In Michigan, the standard is to answer each allegation, paragraph by paragraph, denying each of their claims (except your name and address). 

MCR 2.111 ( C thru F ) covers the form for responsive pleading.

I'm not really looking for something to copy or anything. I'm just looking for something to get an idea of how others answered allegations to get myself on the right track.

 

Example would be how someone would go about answering 1-3. I wouldn't want to admit to #3 even though the amount is under 25k, correct? How would someone go about supporting their denial of this?

Could I simply deny #2 by saying "the address provided is incorrect"?

 

I feel as though I should be citing rules/law for every answer I give. But I'm just lost on what to actually cite.

 

Answering has me completely confused. I can find examples of how people answered, but not how they answered the exact complaint. I'm looking for something I can see side-by-side. Am I making sence?

 

I also found this, and assume this is what I'm supposed to pick up from the court for answering. I'm glad it's available online though!

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/generalcivil/mc03.pdf#page=1&zoom=auto,0,140

 

Thank you for providing me with that template!

 

Sorry for my rambling, I'm just a bit confused.