GAMEON10

Process Service Requirements Not Met (Court File/ Credit Report)

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1) Never ask a court clerk for legal advice. They are not supposed to give it out anyways.

2) You need to review the rules of service in your state. If Michigan allows someone else to be served on your behalf (usually a person above a certain age), they yes, the clerk can request this ONLY if the court has reason to know that you are connect to the person.

3) One of the hallmarks of our court system is that it is open to the public. That includes the case files. There are some exceptions, usually cases involving juveniles, persons being committed, or persons under guardianship. Even then, that sometimes only closes specific documents, not the full case file itself. Other than that, a party would have to request from the court that a case would be closed and would have to have a compelling reason. I doubt that could happen with a simple civil case. I can go to the courthouse tomorrow and request your case file stating that I am researching what happens when defendants cannot be served that the clerk really cannot stop me from getting the file and certainly cannot claim that you were served because I don't even know you.

That said, the clerk is now probably going to try to get anyone who requests that file to claim that you were served. Your best action at this point will probably be to lay low and see what happens. You probably should not have called the clerk and just had someone pick up the file (or should have called the clerk and been very generic about your question without giving your case number) but too late for that now.

 

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Michigan Fair Debt Collection Practices Act

Collection agencies like to use high pressure tactics such as calls to your place of employment, reporting to the credit bureaus, and threats of garnishment.  Congress enacted the Fair Debt Collection Practices Act to provide protection against abusive and unfair practices.  Some states have also enacted laws to provide protection for consumers who are dealing with debt collectors.  In Michigan, there are laws that protect consumers from abusive debt collection practices.

Michigan has a few different laws to protect consumers. One of which (Mich.Comp.Laws §§339.901 to 339.930) covers debt collectors and repossessors.  This law, however, excludes attorneys, financial institutions (such as banks and other lenders) and real estate professionals amongst other entities.

Also, this statute is a licensing statute – requiring the debt collector to be licensed to collect in Michigan- and prohibits misleading or deceptive communications, misrepresentations that the oneself as an attorney or credit bureau, simulated legal process, unlawful threats, publications, harassing or oppressive methods.

This law also provides for private remedies for consumers to allow a victim recovery of actual damages or $50, or equitable relief.  This Michigan law also provides for treble damages or $150 for willful violations, and allows for attorney’s fees for willful violations.

In addition, there is Mich.Comp.Laws §§445.251to 445.258 that covers banks, attorneys and creditors.  This statute prohibits misleading or deceptive communications, simulated legal process, unlawful threats, publication, harassing or oppressive methods.  In this Michigan law, private remedies include recovery of actual damages or $50, or equitable relief.  Treble damages or $150 for willful violations.  Also allows for attorneys fees for willful violations

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On 2/17/2021 at 7:41 AM, WhoCares1000 said:

Of course, another option could be to simply go to the clerk, accept service, and get the ball rolling on the case. Especially if this is a case where arbitration could be used.

@WhoCares1000Thank you for your response. That day  in question, the Michigan Clerk mentioned that the attorney had requested extended time time anyway along with requesting alternate service.

I'd like to think court clerks are honest. I just posted above just getting served I'm actually relieved to tackle it, properly and timely. If you could share your thoughts,  I just have some questions, thanks in advance.

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29 minutes ago, Infinity Angel said:

The representing attorney, is not listed on my credit report, nor are they claiming I owe them a debt.

The attorney is not supposed to claim you owe him.  He was hired to merely represent the plaintiff.

30 minutes ago, Infinity Angel said:

Problem is, I am not from Virginia and he is not licensed in Michigan where they are claiming the debt occurred.

Who is not licensed in MI?

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1 hour ago, Infinity Angel said:

@WhoCares1000Thank you for your response. That day  in question, the Michigan Clerk mentioned that the attorney had requested extended time time anyway along with requesting alternate service.

I'd like to think court clerks are honest. I just posted above just getting served I'm actually relieved to tackle it, properly and timely. If you could share your thoughts,  I just have some questions, thanks in advance.

First off, for a debt who the OC was Synchrony Bank, simply follow the arbitration process. That is your best bet to beat this, especially if the debt is under $10k.

Next, the license requirement is for the JDB themselves, not for the attorney suing you. The attorney is probably part of the Michigan bar which has stricter rules than the state. Are you saying that PRA is not licensed in your state?

Next, the attorney is suing you on behalf of their client, PRA. The attorney is not claiming that you the attorney the money. They are claiming that you owe their client, PRA, the money.

So please to to the arb forum and look for the overview topic to see how to do arbitration. If you find that PRA is not licensed under Michigan Law (which I doubt), you can add that to your arbitration demand.

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9 hours ago, GAMEON10 said:

representing attorney ?

According to MI collection statute 339.901, an attorney is not considered to be a collection agency, so he would not need a collection agency license.

Collection agency does not include a person whose collection activities are confined and are directly related to the operation of a business other than that of a collection agency such as, but not limited to, the following:

 (xi) An attorney who is handling a claim or collection on behalf of a client and in the attorney's own name.

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