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Being sued by Cavalry in Michigan - Barry County


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My wife received the Summons and Complaint from Cavalry/Stillman Law Offices for an old BoA CC.  I have been researching and talked to a lawyer, who pretty much brushed off dealing with the suit and suggested that my wife file bankruptcy. He said she would lose to Cavalry.  This might be a good option as she does have a lot of CC and medical debt, probably totaling around 20k.  I still want to explore other options with fighting this suit, but feel a little overwhelmed.

 

I have browsed through some of BMC's posts and am trying to comprehend it all.  Here are the details on the complaint.

 

1. That the defendant herein is indebted upon open account or pursuant to contract, and defendant accepted the same.(Original account number xxxxxx)

2. Performance has been completed and defendant agreed to pay the account.

3.  There is presently due and owing, over and above all legal counter claims, the sum of xxxx

4.  Plaintiff requests judgement for xxxx, plus post judgement interest, costs, and attorney fees.

 

That is all there is for the complaint.  It also has an affidavit attached.  From the info in the other posts here I checked the dates and the complaint is dated June 26, 2014 and the affidavit is dated March 31, 2014.

 

I am a little nervous at the thought of taking this on myself.  There seems to be a lot of good info here but I need to go through it more to understand it better.  It seems it is all about wording and timing.  I have to get the answer completed today and I'm thinking that a Deny on all statements and use lack of standing as the defense.  Does this sound right?  Or should my wife take the lawyers advice and file bankruptcy?  This could be the easier solution and would stop this suit and also take care of all the other CC and medical collections on her Credit Report.

 

Any advice would be welcomed.  Thanks.

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Do you know how many examples there are on here of people copying my pleadings. Word to the wise, they are all now 2-3 years old and need to be updated.

 

This does not change how you answer the complaint.

 

This is the robo-printed complaint by Stillman that has not changed in a long, long time. They are claiming 1) Open Account and 2) Breach of Contract.

 

The same two causes of action they use in every complaint, worded the exact same way. The example of an affidavit should be used the same way, deny all the components of account stated and a breach of contract. Even though their affidavit does not comply with MCL 600.2145.

 

There are 2 defenses that you should use:

 

1) Lack of Standing and

2) Failure to state a claim

 

As part of your denials, you need to explain why you deny their claims. Since they did not attach anything to the complaint, use the laws and rules of procedure as reasons.

 

You will use the same reasons in more detail when the file a motion for summary judgment.

 

Please do not ask questions, I will not be logged into the site to answer them.

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