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2nd of my current cases so I thought I would start a new thread to keep them separate.  

1. Who is the named plaintiff in the suit? Portfolio

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Weltman, Weinberg & Reis

3. How much are you being sued for? $7500

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

5. How do you know you are being sued? (You were served, right?) Served 8/26

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

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? None

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2/2018.

11. When did you open the account (looking to establish what card agreement may be applicable)? 12/2007.

12. What is the SOL on the debt? 6 years.

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). They served me have 21 days to answer

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

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

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? See attached below

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. – Statements, cardholder agreement, JDB Bill of Sale and Assignment,

18.  How did you find out about this site? originally google

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I am filing  my answers/affirmative defense, notice of arbitration election and proposed order on Monday.

I have used the same template I am using in my other case (Cavalry lawsuit) but wording in the Portfolio Complaint was different.

I feel like I am getting the hang of this with the invaluable information found on this forum  but thanks in advance for any suggestions anyone might have with the attached docs. 

Portfolio Answers and affirmative defense.docx Portfolio notice of arb.docx PORTFOLIO Proposed Order COURT.docx

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@arbitration or chapter 7 (IANAL) I question whether or not you should admit to Complaint Paragraphs 2-3. Are you certain that the cause of action occurred in Oakland County? Could it have occurred where Citibank is located, or where payment was expected but never received? Could that place have a different statute of limitations? I don't know. Do you? If I didn't know for certain where exactly the cause of action (or even the legal definition of cause of action!) occurred, I'd have to answer that I lack information sufficient to form a belief as to the truth of the allegations.

Venue and jurisdiction are 2 separate things. 

600.1621 Venue; determination; exceptions.
Sec. 1621.

   Except for actions provided for in sections 1605, 1611, 1615, and 1629, venue is determined as follows:
  (a) The county in which a defendant resides, has a place of business, or conducts business, or in which the registered office of a defendant corporation is located, is a proper county in which to commence and try an action.

Venue appears to be something you could admit to as long as you do in fact reside in Oakland County. Jurisdiction is, under Michigan law, probably correct, but what about the arbitration forum? (IANAL) I might admit to venue, but state I lack information sufficient to form a belief as to the truth of the rest of the allegations in Paragraph 3. You might consider including that you have elected arbitration as the proper forum to hear the disputes according to the subject Agreement's arbitration provision. (Plaintiff's Complaint Exhibit_) (IANAL--just a suggestion to ponder or not. I don't think it's necessary to include it.)

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