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Served in MI


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1. Named Plaintiff

CAF (JDB)

 

2. Law Firm

A Grand Rapids Firm

 

3. For?

Less than $1000

 

4. OC

HSBC

 

5. How do you know?

Served

 

6. How served

in person

 

7. was service legal

yes

 

8. correspondence

none

 

9. state

MI

 

10. SOL

 

11. SOL on debt

MI is 6 years (I think)

 

12. status

 

13. dispute

no

 

14. dv

no

 

15. response time

by Friday would be good

 

16. evidence

complaint with Exhibit A (computer generated "statement") and Exhibit B - affidavit

 

 

sorry, could not get the list to copy and paste

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Complaint:

 

1. Plaintiff is the assignee of Defendant's account issued by HSBC

2. residence

3. amount in controversy is less than $25,000

4. 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 etc

6. balance due - references Exhibit A and Exhibit B.

7. despite demands .... in default

8. to avoid substantial injustice ....

 

9. restates above

10. breach of contract  by failing to pay ...

 

11 restate

12 defendant received statements and failed to object to accuracy

13 account has become stated between parties

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Exhibit A

Computer 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 B

Affidavit

- 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.

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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.

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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.

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@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/

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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/

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@Brotherskeeper

I 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?

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@Brotherskeeper

I 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.  

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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.

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  • 2 weeks later...

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. 

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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. 

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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. 

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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.

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@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.

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@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.

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