framboise Posted January 6, 2015 Report Share Posted January 6, 2015 1. Named PlaintiffCAF (JDB) 2. Law FirmA Grand Rapids Firm 3. For?Less than $1000 4. OCHSBC 5. How do you know?Served 6. How servedin person 7. was service legalyes 8. correspondencenone 9. stateMI 10. SOL 11. SOL on debtMI is 6 years (I think) 12. status 13. disputeno 14. dvno 15. response timeby Friday would be good 16. evidencecomplaint with Exhibit A (computer generated "statement") and Exhibit B - affidavit sorry, could not get the list to copy and paste Quote Link to comment Share on other sites More sharing options...
framboise Posted January 6, 2015 Author Report Share Posted January 6, 2015 I've been doing lots of reading here. I did read the thread: Those being sued in Michigan I need to answer the complaint, but it's hard keeping track/making sense of everything I've read. Complaint has 2 counts: Breach of Contract and Account Stated Quote Link to comment Share on other sites More sharing options...
framboise Posted January 6, 2015 Author Report Share Posted January 6, 2015 Also, Exhibit B is dated more than 10 days ago - about 1.5 months prior to being served Quote Link to comment Share on other sites More sharing options...
framboise Posted January 6, 2015 Author Report Share Posted January 6, 2015 I'm reading @bmc100 thread: Those being sued in Michigan by a JDB It says to answer each number in the complaint with one of 3 answers. How do I answer the numbers in the complaint that say: Plaintiff restates and re-alleges paragraphs 1 through _ herein. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 6, 2015 Author Report Share Posted January 6, 2015 Complaint: 1. Plaintiff is the assignee of Defendant's account issued by HSBC2. residence3. amount in controversy is less than $25,0004. Defendant's cc, account number xxxxx, with HSBC was issued on _______. An agreement was delivered to Defendant and to the best of Plaintiff's knowledge, is in Defendant's possession.5. Defendant used funds etc6. balance due - references Exhibit A and Exhibit B.7. despite demands .... in default8. to avoid substantial injustice .... 9. restates above10. breach of contract by failing to pay ... 11 restate12 defendant received statements and failed to object to accuracy13 account has become stated between parties Quote Link to comment Share on other sites More sharing options...
framboise Posted January 6, 2015 Author Report Share Posted January 6, 2015 Exhibit AComputer generated statement with a disclaimer that it is not an original statement.Lists name, address, an account number and who the OC is. In the disclaimer it says that it is based on business records furnished by OC. Exhibit BAffidavit- has personal knowledge of books- is the assignee- maintains regular books and records ...- familiar with the books and records- date cc was opened and last payment I have googled the name in the affidavit and it seems that she was employed by the law firm but is currently employed by the JDB - also owned (?) by the law firm. There's some sort of connection between the two. Quote Link to comment Share on other sites More sharing options...
ibiz Posted January 7, 2015 Report Share Posted January 7, 2015 I would suggest a general denial "without knowledge and understanding" along with a counter affidavit with denied knowledge and ownership of the debt, and any contact with the fools suing you. Is It midland or lvnv? After discovery offer them $25.00, and they will blow away. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 7, 2015 Report Share Posted January 7, 2015 I'm reading @bmc100 thread: Those being sued in Michigan by a JDB It says to answer each number in the complaint with one of 3 answers. How do I answer the numbers in the complaint that say: Plaintiff restates and re-alleges paragraphs 1 through _ herein. Defendant restates its (or her/his) answers to Paragraphs 1 through _ of the Complaint herein. 1 Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 7, 2015 Report Share Posted January 7, 2015 @framboise Here's a draft of an answer to a complaint similar to yours. This Michigan thread has a lot of info you might find useful. Justiceforall3 had his JDB dismiss with prejudice:http://www.creditinfocenter.com/community/topic/324228-responding-to-discovery-request-pending-msj-lvnv-michigan/?p=1301358 Here's another Michigan thread. This outcome was not what the OP had hoped. http://www.creditinfocenter.com/community/topic/322316-being-sued-by-lvnv-scared-and-have-no-money/ 2 Quote Link to comment Share on other sites More sharing options...
framboise Posted January 7, 2015 Author Report Share Posted January 7, 2015 @Brotherskeeper Thank you for the links. Lots of information in these threads. I'm working my way through them right now. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 8, 2015 Author Report Share Posted January 8, 2015 I've read a lot, and a lot of it is a blur, it just kind of all blends together and it's hard to keep straight. I'm working on my answer, next up is the counter affidavit. Do I need to file anything else at this time? Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 8, 2015 Report Share Posted January 8, 2015 I've read a lot, and a lot of it is a blur, it just kind of all blends together and it's hard to keep straight. I'm working on my answer, next up is the counter affidavit. Do I need to file anything else at this time? If you'd like the court to consider waiving its fees due to financial need, you can submit an affidavit to request the waiver. http://michiganlegalhelp.org/self-help-tools/miscellaneous/fee-waivers-court-cases http://courts.mi.gov/Administration/scao/forms/courtforms/general/mc20.pdf This thread I mentioned in my post above has basic beginner explanations that should help. @bmc100 offers his very valuable opinions. http://www.creditinfocenter.com/community/topic/322316-being-sued-by-lvnv-scared-and-have-no-money/ Quote Link to comment Share on other sites More sharing options...
framboise Posted January 8, 2015 Author Report Share Posted January 8, 2015 @BrotherskeeperI have read the threads you recommended twice. On the second time around, a lot of it made a lot more sense. I've also read many of the threads that have been referenced in each of these two threads. I see that in MSWolverine's thread bmc recommended that she file a MSJ. I do not know that I could do it justice in the time I have left to respond. I wanted to have everything done by tomorrow, but I could wait until Monday to submit. I have been working on an answer and a counter affidavit. Is MSJ the better route to go? Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 8, 2015 Report Share Posted January 8, 2015 @BrotherskeeperI have read the threads you recommended twice. On the second time around, a lot of it made a lot more sense. I've also read many of the threads that have been referenced in each of these two threads. I see that in MSWolverine's thread bmc recommended that she file a MSJ. I do not know that I could do it justice in the time I have left to respond. I wanted to have everything done by tomorrow, but I could wait until Monday to submit. I have been working on an answer and a counter affidavit. Is MSJ the better route to go? I think you may have answered your own question. I bow to BMC100's far superior strategic knowledge and experience, but he was careful to outline for MsWolverine how he would approach a MSD and how much time he would need to draft one. His knowledge base is very deep. Have you found a copy of this motion that you could modify for your specific case, or would you have to draft it from scratch--by Monday? You're being sued for a debt less than $1000. IANAL, but I suspect the JDB hopes for a quick default judgment based on your failure to submit an answer to their complaint. Will they expect you to know to file a properly compliant counter-affidavit of denial of account stated with your answer? How hard will they fight and how high a legal fee will they be willing to incur for a debt of less than $1000? Who can say? You, of course, must be prepared to fight if you do not wish to negotiate a settlement at this time. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 8, 2015 Author Report Share Posted January 8, 2015 If it was a topic I knew/understood a bit better, I am sure I could get that MSD done in the time I have. Unfortunately, there's a learning curve here, and I'm still learning. So far I have not found a MSD to modify. I thought I had one saved, but it was an opposition to a MSD. I'm still looking - and reading, and reading, and reading. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 12, 2015 Author Report Share Posted January 12, 2015 I was able to find a MSD to heavily edit.. I filed it and I heard the clerk say to another one - why would they do that when all they needed to do was answer? Quote Link to comment Share on other sites More sharing options...
framboise Posted January 15, 2015 Author Report Share Posted January 15, 2015 Got a notice for a pre-trial conference. I'm a little nervous about that.... Quote Link to comment Share on other sites More sharing options...
framboise Posted January 23, 2015 Author Report Share Posted January 23, 2015 So they're a little slow at getting their mail. Kind of caught them off guard. Pre-trial - was asked if it was my account. Said there's not enough info to determine that. Plaintiff was told they need to come up with some more info. They said they were trying to do this. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 23, 2015 Report Share Posted January 23, 2015 So they're a little slow at getting their mail. Kind of caught them off guard. Pre-trial - was asked if it was my account. Said there's not enough info to determine that. Plaintiff was told they need to come up with some more info. They said they were trying to do this. @framboise Sounds like your pre-trial went well. When is your hearing date for your motion to dismiss in lieu of an answer? Please keep us posted. I hope you will consider providing a (redacted) copy of your motion to dismiss and any opposition response from your JDB to add to the body of knowledge here. Quote Link to comment Share on other sites More sharing options...
bmc100 Posted January 29, 2015 Report Share Posted January 29, 2015 I think you may have answered your own question. I bow to BMC100's far superior strategic knowledge and experience, but he was careful to outline for MsWolverine how he would approach a MSD and how much time he would need to draft one. His knowledge base is very deep. Have you found a copy of this motion that you could modify for your specific case, or would you have to draft it from scratch--by Monday? You're being sued for a debt less than $1000. IANAL, but I suspect the JDB hopes for a quick default judgment based on your failure to submit an answer to their complaint. Will they expect you to know to file a properly compliant counter-affidavit of denial of account stated with your answer? How hard will they fight and how high a legal fee will they be willing to incur for a debt of less than $1000? Who can say? You, of course, must be prepared to fight if you do not wish to negotiate a settlement at this time. Thank you, but I am so far removed from this that your knowledge is probably deeper than mine. I am sure these idiot collection attorneys are starting to use new arguments in their MSJs and new case law. Quote Link to comment Share on other sites More sharing options...
bmc100 Posted January 29, 2015 Report Share Posted January 29, 2015 Please post your answer and affidavit to the thread. I know on a couple threads some of us posted discovery questions and a format. Get them out ASAP. You will need your ROGS and admissions. Send each as separate requests. Plus a request for all evidence that they have. Be prepared for they will object to your requests or give you vague answers. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 29, 2015 Author Report Share Posted January 29, 2015 Thank you. I was sick just before the pretrial a few days ago, I thought I was getting better and it's hit me again. I know I need to work on discovery, it's on my to do list. I just need to find a way to add a few more hours to the day. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 29, 2015 Report Share Posted January 29, 2015 I was able to find a MSD to heavily edit.. I filed it and I heard the clerk say to another one - why would they do that when all they needed to do was answer? @framboise please clarify: Did you file this motion in lieu of an answer? If so, when is the hearing date for your motion? Did you get an opposition response to your motion from plaintiff? @bmc100 has asked you to post your answer and affidavit drafts for advice. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 30, 2015 Author Report Share Posted January 30, 2015 @Brotherskeeper Yes, I filed the motion in lieu of an answer. They were told they need to come up with something more than what they included.They asked for discovery, which the judge granted. I need to read up on this, and get my own discovery done. I'm sure they're not expecting anything from me.Nothing is scheduled for a few weeks.I didn't get anything from plaintiff yet. Quote Link to comment Share on other sites More sharing options...
framboise Posted January 30, 2015 Author Report Share Posted January 30, 2015 @bmc I've read your threads and responses many times. I'm away right now so I don't have stuff in front of me. The MSD was pieced together - bits from here and there and edited to fit. I was pretty out of it at the time - sick, no sleep, and in pain - so I'm sure the quality of it was terrible. I do know that I read your information on what to include in an affidavit and based it off of that. Quote Link to comment Share on other sites More sharing options...
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