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Received Summons from Portfolio Recovery Associates earlier today. I’m disabled and freaking out. Need advice.


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If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

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

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kevin Holst, David Greenbaum, Kirsten Pepper, Norfolk, VA

3. How much are you being sued for? $1,765.34

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

5. How do you know you are being sued? (You were served, right?) Served September 12

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? None. Harassing phone calls multiple times a day.

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) My Guess is 2016

11. When did you open the account (looking to establish what card agreement may be applicable)? 2014

12. What is the SOL on the debt? To find out: 6 years

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). Summons

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

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? 21 days

 

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. Affidavit that’s it.

18.  How did you find out about this site? Google

 

quite frankly I’m in over my head with this. I’m sick at the moment. I’ve lost my job. Am in the process of getting disability. Cannot afford an attorney. My bank account is almost always at zero. I’m not admitting to anything, but this has really stressed me out. I’d appreciate any help. Even if it’s to tell me I’m boned.

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There are some companies which have hardship provisions.  Which means if you are in a horrible situation, they will withdraw the case or agree to a very small settlement.  I am not aware of PRA having a hardship provision, but it doesn’t hurt to ask.  Call them up and see what is available.  At worst they can say no, and you are back to where you are now.  At best you can work something out with them.  

Some plaintiffs just want the judgment against you so that if your finances ever improve they can go after you.  Others will work with you   

If negotiations or begging doesn’t work, buy a little time with a general denial.  That will give you a few weeks or a few months more than a default judgment to work things out.  

In the meantime, look up the Michigan laws about how to make yourself judgment proof.  There is some money they just cannot take.  If your bank is somewhere they can’t find it, they can’t take it.  Sometimes an out of state or internet bank is a good idea.  There are also laws about what money can and cannot be touched.  If you get disability, they may not be able to touch that money.  You need to do your homework and find out what they can and cannot take — if negotiations fail.  

I think Cap 1 got rid of their arbitration clause.  Too bad for you.  But if they agree to drop the case, it won’t matter.  If you can make yourself judgment proof, it won’t matter as much. 

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32 minutes ago, BackFromTheDebt said:

There are some companies which have hardship provisions.  Which means if you are in a horrible situation, they will withdraw the case or agree to a very small settlement.  I am not aware of PRA having a hardship provision, but it doesn’t hurt to ask.  Call them up and see what is available.  At worst they can say no, and you are back to where you are now.  At best you can work something out with them.  

Some plaintiffs just want the judgment against you so that if your finances ever improve they can go after you.  Others will work with you   

If negotiations or begging doesn’t work, buy a little time with a general denial.  That will give you a few weeks or a few months more than a default judgment to work things out.  

In the meantime, look up the Michigan laws about how to make yourself judgment proof.  There is some money they just cannot take.  If your bank is somewhere they can’t find it, they can’t take it.  Sometimes an out of state or internet bank is a good idea.  There are also laws about what money can and cannot be touched.  If you get disability, they may not be able to touch that money.  You need to do your homework and find out what they can and cannot take — if negotiations fail.  

I think Cap 1 got rid of their arbitration clause.  Too bad for you.  But if they agree to drop the case, it won’t matter.  If you can make yourself judgment proof, it won’t matter as much. 

This is not something I can fight in court? Force them to show up and provide evidence? What’s a general denial, how do I go about formulating one?

I’m so confused right now. The summons I got there was no questionnaire or anything just an affidavit from what looks like an employee from PRA stating they’d testify. 

Another question. Is threatening legal action from a law firm in an attempt to resolve the debt a violation of the FDCPA?

thank you for the advice you’ve offered so far. 

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1 hour ago, PoorSnuffleupagus said:

This is not something I can fight in court?

I'm confused. You said you were disabled, sick, unemployed, freaking out and in over your head. @BackFromTheDebt gave you an option that involves little more than a phone call and you come back wanting to know how to force them to go to court.

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38 minutes ago, Harry Seaward said:

I'm confused. You said you were disabled, sick, unemployed, freaking out and in over your head. @BackFromTheDebt gave you an option that involves little more than a phone call and you come back wanting to know how to force them to go to court.

No offense. Because I’m sick. Because I’m disabled and fighting for disability. Does that mean I should not fight, lay down and let them win? I can’t afford a lawyer. I can’t afford to pay them. But it doesn’t mean that in the time I have left I’d like to just lay down and die. 

Call it pride. Call it a necessity to defeat JDB companies that have predatory practices and to maybe show someone else who might have a similar circumstance in the future how to fight them, and win. If there’s a chance I can beat them. Yes I’d like to spend my time learning how to do this. I am in over my head. I am scared. But I’m not a quitter. I won’t lay down because that is what they EXPECT me to do.

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Just now, Goody_Ouchless said:

I think you'll find that all they "EXPECT" is for people to pay their debts. 

I’m not sure what it is I’m doing wrong. There are other people here who have circumstances similar to mine and they’re offered help. If the court finds that this is in fact my debt and sides with PRA I’ll accept that. 

If I don’t respond to the summons I lose. If I respond to the summons I can still lose but at least I’ll have tried to do something about it. 

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25 minutes ago, PoorSnuffleupagus said:

Because I’m disabled and fighting for disability. Does that mean I should not fight, lay down and let them win?  

Here is the straight up facts of your situation.  The original creditor is Capital One which removed arbitration as an option almost a decade ago so that is not an option.  

If you are "fighting for disability" then there is some dispute as to whether or not you are disabled.  Until you are collecting disability from the government you are not 100% collection proof.  [there is no such thing as judgment proof]

While some JDBs have a hardship policy in place PRA is the one that does not.  They could care less you are disabled and will take a judgment regardless.

2 hours ago, PoorSnuffleupagus said:

This is not something I can fight in court? Force them to show up and provide evidence?  What’s a general denial, how do I go about formulating one?

Your options are to settle, file bankruptcy or defend the suit.  If you intend to file an  answer and defend the suit then you need to start studying all the rules for your court, how to format an answer and do discovery.  While we can provide help we are not attorneys and cannot do the work for you.  Representing yourself is not easy.

The "evidence" they need to prevail is not much.  You could get lucky and they drop it when you answer and engage in discovery but I would not count on it. 

In the mean time you need to also study on how to make yourself collection proof until such time as you are collecting disability and then are safe from levy or garnishment.

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@PoorSnuffleupagus Please take some time to explore the link I posted above. You were just served last night. You have time to learn before you need to take any action. There are many threads of Michigan members that contain sample Answers, and there is a self-help fill-in form at the link. I think you've been given a lot of good advice to consider. It is unfortunate that arbitration is not available to you. Fighting in court takes a lot of time to learn and energy--all while under duress. It's tough when in good health, tougher still while disabled. Please ask questions here. 

You may qualify for indigency for waiver of court fees: https://michiganlegalhelp.org/self-help-tools/going-court/fee-waivers-court-cases

You can find links to possible legal aid to see if your financial situation qualifies you as low-income.  

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45 minutes ago, Clydesmom said:

Here is the straight up facts of your situation.  The original creditor is Capital One which removed arbitration as an option almost a decade ago so that is not an option.  

If you are "fighting for disability" then there is some dispute as to whether or not you are disabled.  Until you are collecting disability from the government you are not 100% collection proof.  [there is no such thing as judgment proof]

While some JDBs have a hardship policy in place PRA is the one that does not.  They could care less you are disabled and will take a judgment regardless.

Your options are to settle, file bankruptcy or defend the suit.  If you intend to file an  answer and defend the suit then you need to start studying all the rules for your court, how to format an answer and do discovery.  While we can provide help we are not attorneys and cannot do the work for you.  Representing yourself is not easy.

The "evidence" they need to prevail is not much.  You could get lucky and they drop it when you answer and engage in discovery but I would not count on it. 

In the mean time you need to also study on how to make yourself collection proof until such time as you are collecting disability and then are safe from levy or garnishment.

@Clydesmom Thank you. I realize you’re not attorneys and I’m not asking for anyone to do this for me. I’m overwhelmed. I need help, and I believe it’s in my right to defend myself against PRA’s claim. 

Do you have any good links on how to make myself collection proof? I’m taking @BackFromTheDebt‘s advice. I’ll attempt to contact them today. In the event that I go the route of a denial, is there anything I should and shouldn’t say over the phone when communicating with them?

I’m not sure if relevant but the affidavit that was included with the summons is identical and there’s even some similarities in the claims in this thread:https://www.creditinfocenter.com/community/topic/329253-need-help-with-affidavits/ I’ve seen others with a checklist included and evidence included, statements etc, and they only included one exhibit. 

1 hour ago, Brotherskeeper said:

@PoorSnuffleupagus Please take some time to explore the link I posted above. You were just served last night. You have time to learn before you need to take any action. There are many threads of Michigan members that contain sample Answers, and there is a self-help fill-in form at the link. I think you've been given a lot of good advice to consider. It is unfortunate that arbitration is not available to you. Fighting in court takes a lot of time to learn and energy--all while under duress. It's tough when in good health, tougher still while disabled. Please ask questions here. 

You may qualify for indigency for waiver of court fees: https://michiganlegalhelp.org/self-help-tools/going-court/fee-waivers-court-cases

You can find links to possible legal aid to see if your financial situation qualifies you as low-income.  

@Brotherskeeper I will and I appreciate it. A lot of it is over my head. I’ve been reading it steadily over the day and will be studying it diligently. Thank you for the help and encouragement. It’s helped ease my anxiety. 

I’m going to get in contact with people at michiganlegalhelp about potentially finding legal aid. Things are complicated due to us entering the weekend. I’m curious does the court count weekends as the 21 days? Or do non business days not count towards the 21 day timeframe to respond:

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1 hour ago, PoorSnuffleupagus said:

No offense. Because I’m sick. Because I’m disabled and fighting for disability. Does that mean I should not fight, lay down and let them win?

I think we have a difference in definitions. First, i never said let them win. You were given options that don't involve a lot of effort and a favorable outcome for you. Second, when I'm sick and disabled, i don't get out of bed. If i have a challenge ahead of me, i want the easiest way out.  I'm certainly not thinking of ways to spend a bunch of time and energy for the next 12-18 months when I'm aware of an easier solution.  It just doesn't make sense. 

1 hour ago, PoorSnuffleupagus said:

I’m not sure what it is I’m doing wrong. There are other people here who have circumstances similar to mine and they’re offered help.

You were offered help. The same help we've offered dozens of other people in your similar circumstances. Most people that suffer from your afflictions are grateful for the less cumbersome options.

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1 hour ago, Harry Seaward said:

I think we have a difference in definitions. First, i never said let them win. You were given options that don't involve a lot of effort and a favorable outcome for you. Second, when I'm sick and disabled, i don't get out of bed. If i have a challenge ahead of me, i want the easiest way out.  I'm certainly not thinking of ways to spend a bunch of time and energy for the next 12-18 months when I'm aware of an easier solution.  It just doesn't make sense. 

You were offered help. The same help we've offered dozens of other people in your similar circumstances. Most people that suffer from your afflictions are grateful for the less cumbersome options.

You’re right. Disability is pretty subjective. That’s why there’s a rigorous and complex process in determining what disability is. I’m sorry you feel I should take the easiest solution (for PRA) and what you assume to be the best solution for myself.

I appreciate your advice and I’ve been more than gracious to those who’ve offered me advice in this thread and have even gone as far as to take their constructive suggestions and attempt to implement them. Pardon me for being anxious as it’s my first time being sued, or ever having to even enter a court room.

If you’ve got nothing more to add or you don’t wish to offer something constructive in my attempt to answer my summons in the form of a Denial. Let’s just call it good. Thank You again for your responses.

 

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2 hours ago, PoorSnuffleupagus said:

I’m curious does the court count weekends as the 21 days? Or do non business days not count towards the 21 day timeframe to respond:

(I am not a lawyer.) According to the Michigan Court Rules for Civil Procedure, the 21-day clock (if you were served in person) begins to run:  a.) the day after service of the summons and complaint, b.) includes weekends, and c.) includes the 21st day as the day to turn it in. If that 21st day is a weekend or court holiday, you have to turn it in by the end the next business day. You need to check the hours your court clerk's office is open; some close at 4:30 PM. 

Rule 1.108 Computation of Time

In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply:

(1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order.

Here's a court approved Answer form that has instructions for you to look at: 

https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc03.pdf

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3 hours ago, PoorSnuffleupagus said:

I’ll attempt to contact them today. In the event that I go the route of a denial, is there anything I should and shouldn’t say over the phone when communicating with them?

Since they have already sued all communication has to be with the attorneys now.  Simply state you are disabled and have no assets.  You wish to know if their client has a hardship program for those that cannot pay and are exempt from bank levy or garnishment.  WHEN they say no say thank you and end the conversation.  DO NOT acknowledge the debt, agree to pay, or discuss the case in any way.  

3 hours ago, PoorSnuffleupagus said:

I’ve seen others with a checklist included and evidence included, statements etc, and they only included one exhibit. 

Then you would have to do discovery to find out what evidence they intend to use at trial.

3 hours ago, PoorSnuffleupagus said:

Do you have any good links on how to make myself collection proof?

Until the only funds going into your bank account are from an exempt source such as disability you are subject to them levying the account if they get a judgment.  You want to live "unbanked" meaning you keep your money in cold hard cash at home or on a pre-paid debit card that is virtually impossible to find.  Once you are in SSDI the amount you receive each month is exempt from bank levy up to 2 months worth.  So if you get $1500 per month in disability then you could have $3000 in the bank and they cannot touch it.  DO NOT deposit any other money in the account because if it is not exempt they can levy it.  

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2 hours ago, PoorSnuffleupagus said:

I’m sorry you feel I should take the easiest solution (for PRA) and what you assume to be the best solution for myself.

Please stop putting words in my mouth. You presented a sad sack scenario of someone on the brink of collapse. Any half way empathetic person would see that as a need for a solution that provides the path of least resistance. 

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5 hours ago, Brotherskeeper said:

(I am not a lawyer.) According to the Michigan Court Rules for Civil Procedure, the 21-day clock (if you were served in person) begins to run:  a.) the day after service of the summons and complaint, b.) includes weekends, and c.) includes the 21st day as the day to turn it in. If that 21st day is a weekend or court holiday, you have to turn it in by the end the next business day. You need to check the hours your court clerk's office is open; some close at 4:30 PM. 

Rule 1.108 Computation of Time

In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply:

(1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order.

Here's a court approved Answer form that has instructions for you to look at: 

https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc03.pdf

Thank you very much. This will help me out quite a bit, at least getting started. I’ve been reading this thread here: 

 

Is standing still a viable option? I realize the thread is old, but it seemed like this is where I’d need to start to build my case.

 

5 hours ago, Clydesmom said:

Since they have already sued all communication has to be with the attorneys now.  Simply state you are disabled and have no assets.  You wish to know if their client has a hardship program for those that cannot pay and are exempt from bank levy or garnishment.  WHEN they say no say thank you and end the conversation.  DO NOT acknowledge the debt, agree to pay, or discuss the case in any way.  

Then you would have to do discovery to find out what evidence they intend to use at trial.

Until the only funds going into your bank account are from an exempt source such as disability you are subject to them levying the account if they get a judgment.  You want to live "unbanked" meaning you keep your money in cold hard cash at home or on a pre-paid debit card that is virtually impossible to find.  Once you are in SSDI the amount you receive each month is exempt from bank levy up to 2 months worth.  So if you get $1500 per month in disability then you could have $3000 in the bank and they cannot touch it.  DO NOT deposit any other money in the account because if it is not exempt they can levy it.  

Alright I’ll try to call them and see if they’re open tomorrow. I’m curious, and I’m aware they’ll probably play their hand pretty close to their vest. If I call and try to negotiate a settlement, are there things I can glean from that? For instance if they’re willing to offer me a low % of the balance, is there a tell there? Or if they won’t negotiate with me period and won’t budge and insist on taking this to court does that mean they have me dead to rights and I can expect a MFSJ?  Thank you. 

 

Ive been reading the threads so far, and I’m still trying to grasp this so forgive my naïveté. It’s my understanding that once I submit the denial that I have a certain period of time to request discovery?

 

☹️☹️ This is unfortunate. I just can’t stand the idea of handling only cash. Is there a way I can request a change of venue? Also I was thinking about talking to a lawyer local to my area next week and see if they can tell me a little bit about the judge, do you think that’d help?

 

3 hours ago, Harry Seaward said:

Please stop putting words in my mouth. You presented a sad sack scenario of someone on the brink of collapse. Any half way empathetic person would see that as a need for a solution that provides the path of least resistance. 

I think I’m misunderstanding your intention Harry. I’ve sat and thought about what you were initially saying to me and I can see that you’re trying to save me a huge headache. I can respect that. Seriously. I’m not sure what I can tell you that’d convince you the route I am taking isn’t monumental and a waste of time and energy. Maybe it’s pride. Maybe I’ve been kicked around my whole life and I’ve always taken the easy road, and just kind of let people walk all over me. Maybe I’m feeling bullied, and sure it’s stupid of me to pick a fight right back with this giant. I don’t know. I’m probably wrong, I am about a lot of things, but my gut tells me to fight this. Even if the odds of me winning are 5%. I feel like the outcomes the same no matter what. I also think that maybe, just maybe I’m David vs Goliath, and if I trust in god enough he will help me, and give me the strength and understanding. If I go to court and I get crushed, so be it, all I’m asking is for some help so that as I fight this I’m not making a complete fool of myself. Most of all for once in my life I’m not going to back down. Even if it means me getting my teeth kicked in.

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9 hours ago, PoorSnuffleupagus said:

Ive been reading the threads so far, and I’m still trying to grasp this so forgive my naïveté. It’s my understanding that once I submit the denial that I have a certain period of time to request discovery?

You need to begin to read and understand the Michigan Court Rules, laws and the self-help information. At the pre-trial hearing, or if your assigned judge sends out a calendar, a deadline to complete all discovery will likely be set. Your judge may have her/his own rules for parties to follow. Those court rules may not conflict with Michigan Court Rules. (IANAL) Discovery rules are found here:

Rule 2.302 General Rules Governing Discovery

(A) Availability of Discovery.

(1) After commencement of an action, parties may obtain discovery by any means provided in subchapter 2.300 of these rules.

(2) In actions in the district court, no discovery is permitted before entry of judgment except by leave of the court or on the stipulation of all parties. A motion for discovery may not be filed unless the discovery sought has previously been requested and refused.

9 hours ago, PoorSnuffleupagus said:

Is there a way I can request a change of venue?

Here is the statute on venue:

MCL 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.

 

Here is the Michigan Court Rule on changing venue:

Rule 2.221 Motion for Change of Venue

(A) Time to File. A motion for change of venue must be filed before or at the time the defendant files an answer.

(B) Late Motion. Untimeliness is not a ground for denial of a motion filed after the answer if the court is satisfied that the facts on which the motion is based were not and could not with reasonable diligence have been known to the moving party more than 14 days before the motion was filed.

(C) Waiver. An objection to venue is waived if it is not raised within the time limits imposed by this rule.

Rule 2.222 Change of Venue; Venue Proper

(A) Grounds. The court may order a change of venue of a civil action, or of an appeal from an order or decision of a state board, commission, or agency authorized to promulgate rules or regulations, for the convenience of parties and witnesses or when an impartial trial cannot be had where the action is pending. In the case of appellate review of administrative proceedings, venue may also be changed for the convenience of the attorneys.

(B) Motion Required. If the venue of the action is proper, the court may not change the venue on its own initiative, but may do so only on motion of a party.

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4 hours ago, Brotherskeeper said:

You need to begin to read and understand the Michigan Court Rules, laws and the self-help information. At the pre-trial hearing, or if your assigned judge sends out a calendar, a deadline to complete all discovery will likely be set. Your judge may have her/his own rules for parties to follow. Those court rules may not conflict with Michigan Court Rules. (IANAL) Discovery rules are found here:

Rule 2.302 General Rules Governing Discovery

(A) Availability of Discovery.

(1) After commencement of an action, parties may obtain discovery by any means provided in subchapter 2.300 of these rules.

(2) In actions in the district court, no discovery is permitted before entry of judgment except by leave of the court or on the stipulation of all parties. A motion for discovery may not be filed unless the discovery sought has previously been requested and refused.

Here is the statute on venue:

MCL 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.

 

Here is the Michigan Court Rule on changing venue:

Rule 2.221 Motion for Change of Venue

(A) Time to File. A motion for change of venue must be filed before or at the time the defendant files an answer.

(B) Late Motion. Untimeliness is not a ground for denial of a motion filed after the answer if the court is satisfied that the facts on which the motion is based were not and could not with reasonable diligence have been known to the moving party more than 14 days before the motion was filed.

(C) Waiver. An objection to venue is waived if it is not raised within the time limits imposed by this rule.

Rule 2.222 Change of Venue; Venue Proper

(A) Grounds. The court may order a change of venue of a civil action, or of an appeal from an order or decision of a state board, commission, or agency authorized to promulgate rules or regulations, for the convenience of parties and witnesses or when an impartial trial cannot be had where the action is pending. In the case of appellate review of administrative proceedings, venue may also be changed for the convenience of the attorneys.

(B) Motion Required. If the venue of the action is proper, the court may not change the venue on its own initiative, but may do so only on motion of a party.

Thank you for the response I’ve been reading the MCR for the state of Michigan. In my response can I use this as a counter claim? 

(D) Time for Service of Order to Show Cause. An order to show cause must set the time for service of the order and for the hearing, and may set the time for answer to the complaint or response to the motion on which the order is based.

Motions and orders to show cause. It’s my understanding they’d have to prove they have the ability to peruse this case? Or is the affidavit itself sufficient to counter such a motion? I guess I’m looking to force them to reveal their hand a bit. Is that something that could only be done via discovery?

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Have you been sued in the wrong venue? You don't live in the county the suit is filed in?

51 minutes ago, PoorSnuffleupagus said:

Or is the affidavit itself sufficient to counter such a motion? I guess I’m looking to force them to reveal their hand a bit. Is that something that could only be done via discovery?

The only affidavit attached to the Complaint as an exhibit is from a custodian of records from PRA, correct? What does the affidavit state? 

Plaintiff's "Exhibit A" is solely the PRA affidavit and does not include any credit card statements or a copy of the Cap One cardholder agreement or an affidavit from Cap One, correct?

I'm assuming this debt is not from identity theft or fraud. Do you have good reason to think PRA will not be able to produce any statements from Cap One that will have your name and address on it or show a copy of an original Cap One account statement that indicates a balance due that is the same as the balance sought in the complaint? 

Is PRA and/or Cap One reporting a tradeline of this account on your Experian, Equifax and TransUnion credit reports? You indicated you disputed this account with these bureaus. What was the dispute? What was the result? 

What exactly are you hoping to reveal from their hand?  

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15 hours ago, PoorSnuffleupagus said:

Is there a way I can request a change of venue?

You have to have a legal basis to request a change of venue.  Unless they sued you in the wrong jurisdiction this won't be an option.  Cap1 removed arbitration so using that venue is off the table.

15 hours ago, PoorSnuffleupagus said:

Also I was thinking about talking to a lawyer local to my area next week and see if they can tell me a little bit about the judge, do you think that’d help?

Yes, that would help.

15 hours ago, PoorSnuffleupagus said:

Is standing still a viable option? I realize the thread is old, but it seemed like this is where I’d need to start to build my case.

That tactic worked back during the recession and pre-digital era.  Once the CFPB came after PRA and several others over filing suit without proof they have ceased doing that from what we have seen.  Under the relaxed business records laws the affidavit and statements will be sufficient in most courts to prove their case.

15 hours ago, PoorSnuffleupagus said:

If I call and try to negotiate a settlement, are there things I can glean from that? For instance if they’re willing to offer me a low % of the balance, is there a tell there? Or if they won’t negotiate with me period and won’t budge and insist on taking this to court does that mean they have me dead to rights and I can expect a MFSJ?

A low offer means nothing.  They paid pennies on the dollar for the debt.  Anything above that is pure profit.  They often will take a reasonable settlement simply because cash now is better than possibly never collecting.  As for being stubborn they can do that for any multitude of reasons.  You need to remember they hear all kinds of similar stories over and over.  From "I am filing BK," to "I am disabled" and every other sob story in between.  The sheer number of consumers who are not disabled or never file BK are staggering so they often tune it out until it becomes a reality.

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34 minutes ago, Brotherskeeper said:

Have you been sued in the wrong venue? You don't live in the county the suit is filed in?

The only affidavit attached to the Complaint as an exhibit is from a custodian of records from PRA, correct? What does the affidavit state? 

Plaintiff's "Exhibit A" is solely the PRA affidavit and does not include any credit card statements or a copy of the Cap One cardholder agreement or an affidavit from Cap One, correct?

I'm assuming this debt is not from identity theft or fraud. Do you have good reason to think PRA will not be able to produce any statements from Cap One that will have your name and address on it or show a copy of an original Cap One account statement that indicates a balance due that is the same as the balance sought in the complaint? 

Is PRA and/or Cap One reporting a tradeline of this account on your Experian, Equifax and TransUnion credit reports? You indicated you disputed this account with these bureaus. What was the dispute? What was the result? 

What exactly are you hoping to reveal from their hand?  

 

54 minutes ago, Brotherskeeper said:

Have you been sued in the wrong venue? You don't live in the county the suit is filed in?

The only affidavit attached to the Complaint as an exhibit is from a custodian of records from PRA, correct? What does the affidavit state? 

Plaintiff's "Exhibit A" is solely the PRA affidavit and does not include any credit card statements or a copy of the Cap One cardholder agreement or an affidavit from Cap One, correct?

I'm assuming this debt is not from identity theft or fraud. Do you have good reason to think PRA will not be able to produce any statements from Cap One that will have your name and address on it or show a copy of an original Cap One account statement that indicates a balance due that is the same as the balance sought in the complaint? 

Is PRA and/or Cap One reporting a tradeline of this account on your Experian, Equifax and TransUnion credit reports? You indicated you disputed this account with these bureaus. What was the dispute? What was the result? 

What exactly are you hoping to reveal from their hand?  

Sued in the wrong venue? No. Figured I was reaching with this. I do live in the county the suit was filed in. 

As for the affidavit will it help if I upload it? I don’t have it with me right now but can add images.

For obvious reasons I can’t acknowledge whether the debt is mine or not. I don’t definitively know. It’s why I was wondering if I could file a motion and order to show cause. I was wondering if they would be forced to attach further evidence. I do have reason to believe they have no such documents and this was purchased en Maddie from capital one.

PRA is reporting the trade line. That’s the thing. I’d just disputed it a month or so ago and then this happened. No result on the dispute.

I’m wondering if I have them on an FDCPA violation. Isn’t a letter on formal letterhead threatening suit to compel someone to pay a debt a violation?

46 minutes ago, Clydesmom said:

You have to have a legal basis to request a change of venue.  Unless they sued you in the wrong jurisdiction this won't be an option.  Cap1 removed arbitration so using that venue is off the table.

Yes, that would help.

That tactic worked back during the recession and pre-digital era.  Once the CFPB came after PRA and several others over filing suit without proof they have ceased doing that from what we have seen.  Under the relaxed business records laws the affidavit and statements will be sufficient in most courts to prove their case.

A low offer means nothing.  They paid pennies on the dollar for the debt.  Anything above that is pure profit.  They often will take a reasonable settlement simply because cash now is better than possibly never collecting.  As for being stubborn they can do that for any multitude of reasons.  You need to remember they hear all kinds of similar stories over and over.  From "I am filing BK," to "I am disabled" and every other sob story in between.  The sheer number of consumers who are not disabled or never file BK are staggering so they often tune it out until it becomes a reality.

This may sound like a dumb question if they filed in district court can I get the venue changed to civil court? Would there be advantages to this if that was possible? 

So the information in this thread is no longer viable? 

I realize statements are one thing but what I was gleaning is that they need testimony. If I compel them to testify and refute testimony via telecommunications and make an argument against it they’re required to bring someone to testify, no?

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22 minutes ago, PoorSnuffleupagus said:

I’m wondering if I have them on an FDCPA violation. Isn’t a letter on formal letterhead threatening suit to compel someone to pay a debt a violation?

You don't. It is only a violation if they make the threat and the SOL to sue has expired.  It has not in your case.

23 minutes ago, PoorSnuffleupagus said:

This may sound like a dumb question if they filed in district court can I get the venue changed to civil court? Would there be advantages to this if that was possible? 

There is no advantage to doing this and absent a legal reason would be denied.  What you are attempting is called forum shopping and is prohibited.

You REALLY need to consult a lawyer.  Most consumer attorneys will do a first consult for free.  They can look at what you were sent and advise if fighting is even possible as well as what to expect from the Judge assigned.

 

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16 minutes ago, Clydesmom said:

You don't. It is only a violation if they make the threat and the SOL to sue has expired.  It has not in your case.

There is no advantage to doing this and absent a legal reason would be denied.  What you are attempting is called forum shopping and is prohibited.

You REALLY need to consult a lawyer.  Most consumer attorneys will do a first consult for free.  They can look at what you were sent and advise if fighting is even possible as well as what to expect from the Judge assigned.

 

I spent all day Friday contacting lawyers and only found one that was interested in a consult. The consultation was going to cost me $150. I’m pretty frustrated as it’s the weekend and there’s not much I can do. I’m also a festering ball of anxiety at the moment. Just watching the days tick down. I’m at 19 right now. If I have to I’ll go each and every day to the district court the judge presides in and watch him try cases. If I uploaded what they sent would it help those here see the scope of the case? Seriously I really appreciate the help you and @Brotherskeeperare offering me cannot state it enough.

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