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Sued by LVNV in Michigan!


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Hey all.  Received a summons a few days ago for an account I have zero recollection of.  States I opened a Credit One account in 2014 and never paid, blah, blah.  Am being sued for Breach of Contract and Account Stated.  Assuming just an answer with a counter affidavit would be the best course of action?  I have 16 days left to respond.  They have included just a computer generated account summary (which looks like something I could make at home, how does this pass as anything?)  Also an affidavit which is stale and states they own the debt, and are like 4th in a line of JDB companies to own it.  Would appreciate any advice as I would like to fight this.

 

 

Who is the named plaintiff in the suit? LVNV Funding

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

3. How much are you being sued for?$705

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

5. How do you know you are being sued? (You were served, right?)Served via mail

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

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


8. What was your correspondence (if any) with the people suing you before you think you were being sued?Nothing

9. What state and county do you live in?Michigan and Kent

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)Never opened account.  They claim 2014


12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).Suit Served--Answer pending

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)Yes

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.No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?28 days, I have 16 left  Account Stated and Breach of Contract.  

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Affidavit from someone from LVNV and a computer generated account summary.  No original documents

 

 

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4 hours ago, jesse49418 said:

And yes I have read the guide to responding in Michigan.  Just wanted to see if an answer vs a MTD was my best course of action.  Im stunned these computer generated summaries they include actually can pass for something or carry weight.

@jesse49418

A statement of the account with an affidavit for an account stated cause of action is usually enough to get a default judgment if a defendant fails to answer. You may want to consider using the arbitration strategy rather than fighting on in court. A motion to compel arbitration in lieu of an answer is an option. Here's some reading for you. Be sure to click on the links in these threads. Come back with questions.

 

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@Brotherskeeper  Thank you,  I do plan on responding.  It seems arb is the way to go here.  My question is two-fold.  If I go the arb route aren't I asking to be bound by the contract/card agreement?  Can that be construed as an admission that the account is mine?  Or would it even matter since they are likely to fold if confronted with arb request.  Also do I send a letter electing arb BEFORE I file a motion to compel in lieu of my answer?  Like send the notice electing, give them a couple days to respond and then file a motion to compel? 

 

Thanks again

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14 minutes ago, jesse49418 said:

If I go the arb route aren't I asking to be bound by the contract/card agreement?  Can that be construed as an admission that the account is mine?

Unless you're saying you never had an account with the original creditor, use the agreement. You had to have an agreement to arb or you can't compel arbitration. That's as far as that argument goes. It doesn't mean the total is correct, the JDB is the current owner of the account and so-on. That's all to be decided in arbitration after the JDB lays down the money.

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Why go the arb route, if this is not your debt? If you never open a line of credit with Credit One, then you wouldnt have the agreement? Correct?

You are dealing with a debt buyer, they do not know if this is your account or not. They just bought a spreadsheet of accounts with limited docs to go with it?

Did you ever receive statements on this debt? Was it an ex wife or girlfriend who opened up credit in your name?

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If I absolutely did not have a credit card that I was being sued for, I would consult a consumer attorney who would sue the JDB in federal court for that FDCPA violation and work out a deal for them to defend this suit against me as well.

Any cost to defend this lawsuit would be "actual damages" as part of an FDCPA federal lawsuit against the JDB.

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@jesse49418

Here's a list of National Assoc. of Sonsumer Advocates (NACA) members in Michigan:

http://www.consumeradvocates.org/find-an-attorney?field_areas_of_practice_list_value=Debt+Collection&field_practice_states_value=MI

 

We had a Michigan consumer attorney posting recently on CIC as collectionstopper that several CIC members have used:

http://www.collectionstopper.com/

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