backseatninja

Served by Officer - Sued by PCA - Shermeta Law Michigan

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I recieved a summons and complaint, by a serving officer in the state of Michigan.  Barely anything was attached to it, except 7 statements to the court which I will now copy

7 Claimed Statements and what my reponse would be (I Just have no idea how to send it)

1. Jurisdiction and Venue are proper in this court. (the 60th district, has jurisdiction over me I don't dispute that). 

Me- The Defendant admits this allegation in its entirety

2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in XXXX (Honestly don't know if I did)

Me-  The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

3. Upon Infomrmation and belief, Defendent has poession of this contract upon which this claim is based (either I didn't open it (the account), or I lost it) 

The Defendant denies this allegation in its entirety

4. The Account Was duly assigned, in the normal course of buisness, to the plantiff. (I Have no idea if they bought it or can prove it)

me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

5. Plantiff and/or it's assignor completed performence under the terms of its account (I have no idea what that means)

Me- C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

6. Defended Has defaulted under the terms and the condtions of the account by failing to pay as promised (again no idea if I opened this account (Bipolar as hell), or they even bought it correctly if I did)

me- The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

7. There is presently due and owing the sum of 1366.18. plus costs and atty fees. (again no idea)

Me -C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

 

 

I'm bipolar I had my identity stolen before and I actually have some bad debt, I have no idea of who where and what to respond to but I can't afford this I have no bank account because I am on disability and my wife pays everything on my behalf, secondly I do real estate 2 very old cars one worth 2000k and one worth 4500k, and 1 modest  home. The cars are paid for and I have about 30000 worth of equity in my  home. 

Thing is I have no idea if I opened this, second I don't want a lien on my property or for it to be acutioned off, how do I respond (Mail, Phone, email) secondly where this is the 60th district court.... I want a day in court to explain.  What should I do? 

Edited by backseatninja
Technical Corrections

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Who is the Plaintiff?

Is it Synchrony? the complaint states it was assigned, but to who?

Was there an affidavit attached?

Bills of sale?

By the way, other than those 7 statements, they do not have crap.

 

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Synchorny was the original debt holder I guess they sold it to PCA Aqquisitions. PCA Aqqusitions hired Shermeta law to represent them. I have to respond and I don't know how. I have to respond to their 7 statements they submitted the court. I know from reading the facts here I have to word it the way I did. That I can either admit, deny or say I don't know which is treated as a denial.  I guess I would send it to the Court via Certified mail? I don't think they have much on me. First I am going to question their standing any good ideas? Secondly I want them to prove I signed that contract and that PCA bought it legally, and that Shermeta is infact representing them as things get sold multiple times.... I have no idea what account this is for so how would I compel them to share discovery? The judge I know was endorsed by the AFL-CIO so shes not a big business type. Any pointers on how to respond and get a day in court? 

Edited by backseatninja
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All you have to do is respond and there will be a pre-trial scheduled. It does not matter who backs the judge. If you do not do things properly, you will lose. You file and answer and file an affidavit stating that this is not your debt, you did not make payment....etc. Without a counter affidavit, you can use it against them.

They claim a breach of contract, but they claim you have the contract. You deny it.

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12 hours ago, bmc100 said:
 

All you have to do is respond and there will be a pre-trial scheduled. It does not matter who backs the judge. If you do not do things properly, you will lose. You file and answer and file an affidavit stating that this is not your debt, you did not make payment....etc. Without a counter affidavit, you can use it against them.

They claim a breach of contract, but they claim you have the contract. You deny it.

I wrote a response to the summons. Which I will attach if anyone wants to read it (see attached file). Again they made a claim that I have the contract . I  do not as it may of been identity theft (or I lost it) my paypal got hijacked hardcore back in 2011, and my old  bank may be able to back that up. If this is not a paypal account I may not be able to use that defense, if it is an account I do recognize should I  attack their standing or their claim they lawfully bought this? Do you have any defenses based on Michigan law where they  bought an account improperly? Like citations of case law.  Another thing is that two JDB's may hold the same account. Cause I think other JDB's may have it. I saved every JDB letter I ever got I have tons some of them make no sense. I know one of my accounts I have owned is owned by two JDB. 

 

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You can get rid of their allegations and statement of facts and just number your responses. You cannot use hearsay in your response. Use rules and laws in your response. Read my sticky.

Performance pertains to contract law.

Create an affidavit, state you are not in possession of the terms and conditions...etc. You did not make payment. You did not make charges. Have it notarized.

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21 minutes ago, bmc100 said:

You can get rid of their allegations and statement of facts and just number your responses. You cannot use hearsay in your response. Use rules and laws in your response. Read my sticky.

Performance pertains to contract law.

Create an affidavit, state you are not in possession of the terms and conditions...etc. You did not make payment. You did not make charges. Have it notarized.

I rewrote it and planned to have it signed by a public notary. I took out all hearsay I may have interjected in the passion of writing it. I kept strictly to proveable facts. Facts of which I can prove by documentation or sheer reason. 

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1 hour ago, backseatninja said:

I rewrote it and planned to have it signed by a public notary. I took out all hearsay I may have interjected in the passion of writing it. I kept strictly to proveable facts. Facts of which I can prove by documentation or sheer reason. 

Have you checked your past bank records to see if you made any payments to Synchrony?

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10 hours ago, BV80 said:

Have you checked your past bank records to see if you made any payments to Synchrony?

Yes I have had legitamate accounts with synchrony in the past, I just have no idea if this was one of them. I know this sounds stupid in retrospect, but one of the main reasons I quit paying on all these cards was people were able to take out other cards in my name then not pay them and ruin my credit score. So ya know being bipolar as heck I'm like why bother. I've always had bigger issues like criminal court to deal with etc. I always figured they can't get blood from a rock or wouldn't even try. Lotta stupid things I "just figured". 

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Redacted Version of Answer to Summary/Complaint I had notarized and signed. Header is missing as it largely contains redacted information regarding my case.

 

 

 1. Jurisdiction and Venue are proper in this court. 
The Defendant admits this allegation in its entirety
The 60th district, has jurisdiction over I -Redacted--- the defendant  as I live in -redacted--- County
2. Defendent entered into an agreement with the plaintiff's assinor, SYNCHRONICITY BANK, for an account number ending in (Redacted).
The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. I do not recall opening said account. I also was a victim of identity theft in late 2014, which was the primary reason I defaulted on other debts at that time.
3. Upon Infomrmation and belief, Defendent has poession of this contract upon which this claim is based
The Defendant denies this allegation in its entirety. I do not have a copy of the contract, thus can not be in violation of said contract. One can not assume poession, it is hearsay.
4. The Account Was duly assigned, in the normal course of buisness, to the plantiff. 
The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Since I do not recall this account I can not respond to that statement with an affirmative or dimissive answer or speculate futher.
5. Plantiff and/or it's assignor completed performence under the terms of its account
The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Since I do not recall this account I can not respond to that statement with an affirmative or dimissive answer or speculate futher.
6. Defended Has defaulted under the terms and the condtions of the account by failing to pay as promised
 The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Since I do not recall this account I can not respond to that statement with an affirmative or dimissive answer or speculate futher.
7. There is presently due and owing the sum of 1366.18. plus costs, and atty fees. 
The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.  Again due to many of the aforementioned issues I am unable to have an informed statement based on how the Plantiff Plead the Assignment .The fact I had my identity stolen, the fact that I am bipolar. SSI and is my only income. Thirdly my payee has advised me to ask the court to personaly strike the summons, and complaint from the record and consider a dismissal based on the low standard of evidence, and high amount of hearsay contained in the summons to which I am responding to. Furthermore if anything is in discovery. I ask that it be sent to my home address; on which I was summoned that is: ------Redacted Address------. 

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I repeat. Do not, Do not state anything that link you to this account.

Identity Fraud is an affirmative defense.

You are giving those shitty attorneys at Shermeta an easy time at getting a judgment against you.

1. Admit - the same way you wrote it.

2. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

3. Deny in it's entirety - (Write Affidavit that states you are not in possession of the contract)  Under MCR 2.113(F), when a allegation is made upon contract, a copy of the contract must be attached to the complaint. The defendant does not have a copy of the contract and it is a violation of the law to allege that Defendant is in possession of a copy in order to avoid having to comply with the court rule requiring attachment of the contract to the Complaint. Further, it is even rarer for an assignee debt-buyer to have a copy of the contract that it could attach.

4.  The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial.

5. Deny -

6. Deny

I am sorry. I am not going digging trying to find court rules and laws to provides a reason to your denials.

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@backseatninja

If you already turned in the answer from your post above, you may amend your answer once within 14 days to follow @bmc100 's advice to correct errors. You do not need the court's or the plaintiff's permission to file an amended answer within 14 days of your first response. (See MCR 2.118.) Your amended answer will take the place of your original answer.

It may be helpful to remember that you do not argue the case in your answer. The purpose of the complaint and an answer is to allow both sides to properly prepare their cases. You must simply answer each plaintiff allegation according to court rules. If you deny an allegation, you must provide some reason you will rely on.  If you have any affirmative defenses, those must be properly pleaded under a separate heading in your answer, or they may be waived.  An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful defense. Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff’s complaint. ( Caveat: IANAL--I am not a lawyer.)

 http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/Documents/HTML/CRs/Ch 2/Court Rules Book Ch 2-Responsive HTML5/index.html#t=Court_Rules_Book_Ch_2%2FCourt_Rules_Chapter_2%2FCourt_Rules_Chapter_2.htm

Rule 2.118 Amended and Supplemental Pleadings
(A) Amendments.

(1) A party may amend a pleading once as a matter of course within 14 days after being served with a responsive pleading by an adverse party, or within 14 days after serving the pleading if it does not require a responsive pleading.

(4) Amendments must be filed in writing, dated, and numbered consecutively, and must comply with MCR 2.113. Unless otherwise indicated, an amended pleading supersedes the former pleading. (example, "DEFENDANT'S FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES")  

Some helpful info:

http://courts.mi.gov/self-help/center/general-information/pages/responding-to-a-civil-complaint.aspx

https://michiganlegalhelp.org/self-help-tools/money-and-debt/ive-been-sued-debt-collection-case

 

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Also, there is fairly recent caselaw that requires the assignee to attach the assignment agreements to the complaint.

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