Being sued in Michigan again

[determined2fight]

Please help me!!   I don't want to loose this suit!

 

 

1. Who is the named plaintiff in the suit?

--Midland Funding


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

--Weltman, Weinberg, and Reis


3. How much are you being sued for?

--$1000.00


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

--Fifth Third Bank


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


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


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


Process Service Requirements by State - Summons Complaint


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?
--Oakland County, MI


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
--5.5 years ago


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).
--I filed an answer and I have a pretrial in a couple of weeks. I am nervous to fight this suit because Weltman just got through suing me in another suit and I have the same exact judge this time around.


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.
--They never sent me a letter letting me know that they had acquired my debt. They sued me right off the bat.


15. How long do you have to respond to the suit?
--already responded. Basically,I denied all the allegations. I wrote that I did not recall the alleged credit card in my answer.

 

16.  What evidence did they send with summons?

--They sent a statement made by the JDB.  There are no actual fifth third bank statements.  Also, there are general bill of sales and affidavits that do not specify my name, account, social, etc.

[shellieh98]

Did you win your last suit with them?

I always seem to get the same judge too, I helped my parents sue some renters twice, had the same judge, and then he was my judge for my own suit lol. He didn't seem to notice though.

[determined2fight]

@shellieh98, I fought the last suit and the judge pretty much told me that it was in my best interest to settle with them because he was going to accept their evidence so I ended up making an arrangements with them, that I can't even afford.  However, in the last suit, I had admitted that I had defaulted on a debt and so my argument was standing. Yea, that was the wrong thing to do. In Michigan, I have seen first hand that you can not win on standing alone.

[determined2fight]

Im so nervous to fight this suit with the same judge. 

 

 

Could someone tell me if I am being sued on an account statement, or a breach of contract?

 

This is the Complaint:

 

1.  The Plaintiff is the owner of the within credit card account through purchase, bearing account number ...........

 

2. By use of the account, the Defendant became bound by the terms in the credit card agreement.  The existence of this debt is established in the exhibit attached hereto as Exhibit D.

 

3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff.

 

4.  That there is now due and owing to Plaintiff by Defendant, the sum of $1,000.00 on said credit card agreement.

 

5.  Although demand has been made upon the defendant to liquidate the balance due and owing, the Defendant failed to do so.

[determined2fight]

bump

[Brotherskeeper]

Im so nervous to fight this suit with the same judge. 

 

 

Could someone tell me if I am being sued on an account statement, or a breach of contract?

 

This is the Complaint:

 

1.  The Plaintiff is the owner of the within credit card account through purchase, bearing account number ...........

 

2. By use of the account, the Defendant became bound by the terms in the credit card agreement.  The existence of this debt is established in the exhibit attached hereto as Exhibit D.

 

3. The plaintiff has exercised its rights pursuant to the terms of said agreement to accelerate the time for payment of the entire balance due and owing by the defendant to the plaintiff.

 

4.  That there is now due and owing to Plaintiff by Defendant, the sum of $1,000.00 on said credit card agreement.

 

5.  Although demand has been made upon the defendant to liquidate the balance due and owing, the Defendant failed to do so.

 

@determined2fight

 

I am not a lawyer, but I think this is breach of contract. They are using the terms in the contract " credit card agreement" to accelerate demand for payment of the entire amount. Your use of the account is your acceptance of the account's terms. What is Exhibit D ? Is there a copy of the credit card agreement? 

[determined2fight]

@Brotherskeeper, Thank you.  Midland made up their own statement and their own agreement.  Im assuming they don't have any billing statements of the original creditor, seeing how they didn't attach any and went so far as to make up their own statement.

[determined2fight]

@bmc100, nevermind

[Brotherskeeper]

@Brotherskeeper, Thank you.  Midland made up their own statement and their own agreement.  Im assuming they don't have any billing statements of the original creditor, seeing how they didn't attach any and went so far as to make up their own statement.

@determined2fight

 

What does "their own agreement" mean? Also, I wouldn't assume they don't have any billing statements. They only attach enough to satisfy your court's requirement for documentation to obtain a default judgment. Any other documentation they have you will ask for in discovery. Have you looked at the OC agreement to see if it has an arbitration cause in it? IANAL, and have never tried the arbitration route, but Linda7 has many posts here on CIC about this strategy. A motion to compel private arbitration (not court mediation) must be done before any discovery has been initiated. BTW--you said last payment was 5.5 years ago; are you certain?  

[determined2fight]

@Brotherskeeper, you think so....darn, i hope they don't have billing statements!  ill look into arbitration....lawsuits are no fun!!!! 

[Brotherskeeper]

@Brotherskeeper, you think so....darn, i hope they don't have billing statements!  ill look into arbitration....lawsuits are no fun!!!! 

@determined2fight

No fun at all--high stakes and brutal learning curve. Have you consulted with an experienced consumer attorney or if you qualify, a legal aid attorney?  There is a free legal clinic at the Adams-Pratt Law Library in Pontiac serving Oakland County  http://www.oakgov.com/libraries/Pages/events/commonground.aspx

 

Being the plantiff in a FDCPA suit against a JDB while being represented by a very experienced consumer advocate attorney is not exactly "fun," but it has its rewards. I'm not allowed to talk about those rewards, however. 

[Brotherskeeper]

@determined2fight

 

Here's more info on the legal help available. Sorry, I linked to only one aspect of the help in the post above. 

http://oakland.michiganlegalhelp.org/

[determined2fight]

@Brotherskeeper, thank you very much!

[Brotherskeeper]

@determined2fight

 

I hope you can get help. We used the walk-in clinic several times during our 2 cases to have the attorneys look at our work before we submitted it and to discuss strategy. They give you about 15 minutes. One of the free clinic lawyers had worked for one of the most notorious JDB law firms. This attorney called it "working on the dark side," and finally saw the light. The law library and the librarians are a terrific resource. Good luck! 

[determined2fight]

@Brotherskeeper, thank you!  I had not idea that they had the walk in clinics for free legal aid....u are always so helpful...I really appreciate it!