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I came here a few years back and I recieved alot of help from everyone and info, when Midlund Funding sued me. 

I am not even sure if this debt is mine and I just got served today.  Being sued in Michigan by Cach LLC.  for the amount of $749.76, from Capital one.  The original acct was opened up October 11,2011.  I just got off the phone with Capital One and they told me that the last payment for $50 was made on 8/1/2013.  It was charged off on 2/17/2014. and bought by Junk Debt Buyer.  The statue of Limitations in Michigan in 6 years. When does that start?

I know I have to file an answer, as I have 21 days to do so.  but do i file a Denial? THey also stated in the 2 page complaint that they have sent me the 'agreement.' Which is a LIE.  I have recieved nothing from this JDB Please help me. 

Also, I plan on filing bankruptcy, because my income has drastically been reduced.  But also, can I fill out a 'Judgement Proof' form, working at minimum wage?? 

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55 minutes ago, marieeben said:

I am not even sure if this debt is mine

...

I just got off the phone with Capital One and they told me that the last payment for $50 was made on 8/1/2013.

Surely they verified your identity when you called? 

I plan on filing bankruptcy

If this is the case, it doesn't matter if they get a judgment. The whole thing will be wiped out in BK.

can I fill out a 'Judgement Proof' form, working at minimum wage?? 

Working minimum wage doesn't make you "judgment proof". Being unemployed due to disability would a possible example of "judgment proof" but the term is fake anyway. Anyone can get a judgment against anyone else. In the case of a disability, the lawsuits would just pile up and could never be collected on until the person files for BK.

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38 minutes ago, BV80 said:

It's too difficult to help 2 different posters in one thread.

Please copy and answer the questions in the following thread and start your own thread.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

We need more info in order to assist. Your answers to the questions  in the linked post above will help. Please be certain not to include personally identifying info. 

 

57 minutes ago, marieeben said:

I just got off the phone with Capital One and they told me that the last payment for $50 was made on 8/1/2013.  It was charged off on 2/17/2014. and bought by Junk Debt Buyer.  The statue of Limitations in Michigan in 6 years. When does that start?

Charge off occurs around 6 months after default. If a September 2013 payment was due and never paid, and no other payments were made to bring the account current, that is when the statue of limitations began to run.  Here's some language from a Capital One Agreement:

Account Default
You will be in default if:
(1) you do not make any payment when it is due;
(2) any payment you make is rejected, not paid or cannot be processed;
(3) you exceed a credit limit;
(4) you file or become the subject of a bankruptcy or insolvency proceeding;
(5) you are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
(6) we determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
(7) you do not comply with any term of this Agreement or any other agreement with us; or
(8) you permanently reside outside the United States. 

 

600.5807 Damages for breach of contract; specific performance; period of limitations; bond; deed; mortgage; surety bond; appeal bond; public obligations; other actions.
Sec. 5807.

(1) A person may not bring or maintain an action to recover damages or money due for breach of contract or to enforce the specific performance of a contract unless, after the claim first accrued to the person or to someone through whom the person claims, the person commences the action within the applicable period prescribed by this section.

(9) The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).

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1 hour ago, marieeben said:

I came here a few years back and I recieved alot of help from everyone and info, when Midlund Funding sued me. 

I am not even sure if this debt is mine and I just got served today.  Being sued in Michigan by Cach LLC.  for the amount of $749.76, from Capital one.  The original acct was opened up October 11,2011.  I just got off the phone with Capital One and they told me that the last payment for $50 was made on 8/1/2013.  It was charged off on 2/17/2014. and bought by Junk Debt Buyer.  The statue of Limitations in Michigan in 6 years. When does that start?

I know I have to file an answer, as I have 21 days to do so.  but do i file a Denial? THey also stated in the 2 page complaint that they have sent me the 'agreement.' Which is a LIE.  I have recieved nothing from this JDB Please help me. 

Also, I plan on filing bankruptcy, because my income has drastically been reduced.  But also, can I fill out a 'Judgement Proof' form, working at minimum wage?? 

Thank you so much for starting your own thread.   :-)  However, you still did not copy and answer the questions in the following thread.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

In some states, the SOL starts on the last payment.  Considering that the account in question was not charged off until 2014, you're well within the 6-year SOL for Michigan.

If you don't mind, could you please upload a copy of the complaint that was filed with the court.  Make sure to redact any information that identifies you (including the court's case number).  It might help us to read the allegations in the complaint.

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1 hour ago, BV80 said:

Thank you so much for starting your own thread.   :-)  However, you still did not copy and answer the questions in the following thread.

@BV80 @marieeben  started another thread with the answers. I'm posting these here so it's all in one place.

 

1 hour ago, marieeben said:

1. Who is the named plaintiff in the suit? Cach LLC

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

3. How much are you being sued for?$749.76

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

5. How do you know you are being sued? (You were served, right?)I was served today

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? No.

9. What state and county do you live in? I live in Michigan, Eaton County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I called Capital one and they said the last payment was for $50 on 8/1/13

11. When did you open the account (looking to establish what card agreement may be applicable)? October 18,2011

12. What is the SOL on the debt? To find out: 6 Years in Michigan

Statute of Limitations on Debts

13. 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). Just called the courts and nothing else has been filed by plaintiff. 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, they even have my OLD married name on here.  I have not been married in 10 years.

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No I did not. 

16. 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? I have 21 days to file an answer, 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.They sent nothing at all with the summons.  They claim to have sent me an agreement. which is a complete lie. I have not recieved anything from them. 

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing?

2. How old is the debt?

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

6. What state are you in?

7. What kind of debt is this? (credit car, auto loan, student loan)

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

 

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