Being sued in Michigan by PRA

[madbadger2742 0]

1. Plaintiff: Portfolio Recovery Associates

2. Lawyers: Weber & Olcese

3. Amount: <$1000

4. OC: US Bank NA

5-7. Service: Served, in person, legally and timely

8. Correspondence: Alleged notices sent to me, but no dialogue

9. Location: Macomb co, Michigan

10-11. SOL: Last payment alleged April, 2013; MI SOL 6 years

12. Status: Served, but nothing filed by me yet.

13. No disputes filed

14 No DVs

15 Today is day 16 of 21.  (I know, I know...)

16. Attachments: 

a) Bill of Sale and Assignment of Assets, signed by two officers of OC

b)Summary of account (computer printout), looks like it's from OC

c) Copy of Account Statement from 7/2013, without agreement

d) Affidavit from Plaintiff's "Custodian of Records", dated 14 days before complaint filed

 

I have read @bmc100 's MI-specific posts, the "Getting Started" articles, etc, but I'm confused as how to proceed.  Should I move to dismiss or for a more definite statement or should I answer?  (I'm leaning toward answering)

When do I attack that untimely affidavit of hearsay? 

 

Thanks in advance...

[madbadger2742 0]

Complaint: (& answer)

Plaintiff, PRA, LLC, as assignee of USB NA("Plaintiff"), by & through attorneys...

 

Jurisdiction: 

Plaintiff's attorneys are debt collectors attempting to collect...   (ignorance)

No other action   (admit)

Plaintiff based in VA   (ignorance)

Defendant lives where he does    (admit)

Amount in controversy is what it is ($500-1000)    (ignorance)

 

Count 1, Breach

April, 2006 Defendant entered into contract with Plaintiff's assignor, USBNA under acct#...    (ignorance)

A copy is attached or Defendant is in possession   (deny)

Contract was valid, lawful, and enforceable.    (ignorance)

Plaintiff has fulfilled obligations    (ignorance)

Defendant has defaulted    (deny)

Plaintiff suffered damages resulting from default (deny)

Wherefore, Plaintiff wants all the money!

 

Count 2, Account Stated

Parties have consented to Amount   (deny)

Defendant has received billings and made payments or failed to object.   (deny)

Defendant's payments and/or failure to object admits correctness of Amount   (deny)

Defendant has been given all set-offs, etc & owes Plaintiff Amount (see exhibits)   (deny)

Statement of Account and affidavit are attached & incorporated by reference.    (admit exhibits are attached but deny that they represent my account)

Wherefore, Court should give Plaintiff Defendant's money.

 

Count 3, Unjust Enrichment 

Alternatively, Defendant has received benefit in amount of Amount    (deny)

Defendant unjustly enriched at expense of Plaintiff   (deny)

Defendant required to make restitution to Plaintiff    (deny)

Inequitable for Defendant to retain benefit     (deny)

Wherefore, Defendant owes Plaintiff Amount.

[shellieh98 1,505]

Is this small claims, or state court?

[shellieh98 1,505]

Some of our other Michigan members have had luck with electing arbitration with JAMS. your credit agreement ( I don't have the exact one, you would need to search to find it) most likely looks like this one from US BANK. https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_04_USBSIG.pdf

It has a small claims clause

[madbadger2742 0]

The summons is stamped with "GC" for general civil, so I'm guessing it's not small claims.

I'm not sure how I feel about arbitration...  

[familyjules47 0]

I'm here in Michigan too.

 

While grappling with a Midland Funding suit, I just received a summons from Portfolio Recovery Assoc (PRA).

 

I came a little late to this party, so w/regard to Midland I am in the discovery process.  We had a pre-trial last Friday 8/21, a crappy settlement was offered. It was just the two of us in a conference room, no judge.  The lawyer for Weltman and Windbag etc requested 60 days for discovery and then Motion for Summary Judgment 30 days after close of discovery.

 

Prior to the pre-conference hearing, I received a witness list, with enumerated exhibits and witnesses.

 

I have read numerous threads and cannot relocate a good template for MI to use for discovery...Proper wording for requests, and what to request.

 

No affidavits were included in the original complaint; a fuzzy copy of Target statement with a different amount stated, a Bill of Sale, a "field data" sheet and a copy of a "pre-legal" notification from Midland Credit Management with a different amount stated.   For my answer there were only 5 pleadings, bottom line I owe them $5K+, all so completely general. I answered that I could neither confirm or deny to each complaint.

 

So I will be watching your progress with PRA, as your summons looks pretty identical to min, right down to the Unjust Enrichment. That line made we wanna barf!

 

What I have learned is that you have to take it one step at a time; learn the jargon, civil procedures and listen to the experts.  Prioritize.

 

 Takes a lot of courage!

[shellieh98 1,505]

@madbadger2742 you debt is for less than 1K, they are not going to arbitrate.  It will cost them 550.00 just to pay the initial fee, then another 1K to pick the arbitrator, then the bills of 1-2K start rolling in after that for each hearing.  Your fees are capped at 250.00.

[madbadger2742 0]

@shellieh98 After you suggested it, I started researching arb, and I came to the same conclusion. I had to answer before I had researched it enough to make that decision. Do I still have time to move it to arbitration?

[shellieh98 1,505]

Yes you do.  Send a demand letter ASAP, and file a compel motion with the court.  I have sample motions for arb posted in a couple of other MI threads.