A Lawyer for CC suing me in Michigan

berger301 · 08-19-2008, 07:36 PM

Hello,
I'm not sure where to post, but I tried reading through so many post, and after awhile, I'm confused as to what my steps should be.

1.) I got a summons a couple of weeks ago, and have to respond (18th District Court). It says, File a written answer with the court within 21 days. What do I write to them?

The person who is suing me is a lawyer in another county from me - Mary Jane Elliott from Novi, and says she suing on behalf of Portfolio Recovery Assoc. -

The suit states - PLANTIFF Portfolio Recovery Assoc, predecessor in inerest is Midland Credit Management.

I have no idea who they are, but I did/do have a Credit card which I was unable to pay off due to financial reasons, and them threatening my brother and myself (He is a witness to the threats) At that time I told them I'll pay, but I want in writing to the terms you stated to me 6 months no interest. I never heard from them again and now 2 years later I get this summons, so I'm sure it has to do with them. That Credit Card company was Aspire Visa, but they are not mentioned anywhere in the lawsuit.

I have to file a response in the nex couple of days, any suggestions what the next steps might be?

jlynn · 08-19-2008, 08:41 PM

Midland is a Junk Debt Buyer, and not an original creditor - I do believe they take alot of Aspire garbage. The only way you might know for sure is to pull your credit reports.

Regardless, and I am not an attorney - you need to get something filed so they don't win by default.

berger301 · 08-19-2008, 10:03 PM

Quote:

Originally Posted by jlynn

Midland is a Junk Debt Buyer, and not an original creditor - I do believe they take alot of Aspire garbage. The only way you might know for sure is to pull your credit reports.

Regardless, and I am not an attorney - you need to get something filed so they don't win by default.

I've been searching for 4 hours now, and I can't find what or how am I suppose to respond with. I see file an Intent to Defend, but what do I say? I can't find a sample anywhere so far...

hannah · 08-20-2008, 01:16 PM

Quote:

Originally Posted by berger301

I've been searching for 4 hours now, and I can't find what or how am I suppose to respond with. I see file an Intent to Defend, but what do I say? I can't find a sample anywhere so far...

You need to file an answer.

When you are served with a summons and complaint, a lawsuit against you has commenced. To protect your legal rights, you must serve a formal written answer on the opposing party. The information, which follows, is not legal advice. Each case is unique and if you have any questions, you may wish to contact an attorney.

A complaint consists of one or more allegations set out in numbered paragraphs stating why you are being sued. A complaint must also specify the relief that is being requested by the Plaintiff from the court. In your answer to the complaint, you must answer each numbered allegation specifically. Do not skip any of the allegations as this may be taken as an admission on your part. You may also specify what relief you are requesting from the court in your answer. What you should or should not include in your answer must be determined by you alone. If you are not sure how much information to include or how to word your answer, you should see an attorney. Court staff cannot give legal advice and they cannot tell you whether or not what you have written or how you have answered is correct.

You must sign the answer in two places. You must sign at the end of your answer and must also give your address and telephone number. If the answer must also be verified you should include this in a separate part at the end of the answer. You must sign the verification in front of a notary public or court clerk.

A copy of your answer must be served on the opposing party. If an attorney represents the party, the papers may be faxed, mailed or hand delivered to the attorney's office. Because you are a party to the lawsuit, you are not allowed to serve the papers personally so you must have someone do it for you. Anyone who is not involved in the lawsuit and is over the age of 18 may serve the papers. Whether the papers are hand delivered, mailed or faxed, the person must fill out a certificate of service or an affidavit of service and file it with the court as soon as possible. If an attorney does not represent the opposing party, you must have someone serve the party personally by handing the papers directly to him/her. Some states allow service by mail. Please read your state's Rules of Civil Procedure to determine how you need to serve your answer.

A copy of your completed, signed and verified answer must be served on the opposing party or his/her attorney within "X' number of days after you receive the summons and complaint. See your state's Rules of Civil Procedure for the correct number of days. After the papers are served, you must file the original answer and the certificate or affidavit of service with the court and in some courts/states pay a filing fee. You may obtain a waiver of the fees if you meet certain financial guidelines if a fee is required.

What did the complaint state? Was there an affidavit filed with the complaint? When was the last time you paid on this alleged account? Did that payment bring the account current?

FYI - This lawyer suing you probably has absolutely no proof or documentation regarding this account.

berger301 · 08-27-2008, 06:09 AM

Thanks for the response, I'll get the info to the questions you asked. I was told I should file a motion - cant remember term, but has to do with dismissing the case.

hannah · 08-27-2008, 09:53 AM

Quote:

Originally Posted by berger301

Thanks for the response, I'll get the info to the questions you asked. I was told I should file a motion - cant remember term, but has to do with dismissing the case.

Motion to Dismiss most likely...be careful though...from what you've posted it sounds like you may well be within the statute of limitations. Dismissing for failure to state a claim might be better for you especially if no evidence was attached to the complaint or procedure was not followed.

berger301 · 08-27-2008, 11:43 PM

When do I file these motions, and an affidavit? In which oder, or can I do it all at once in a response? I'm attaching what the summons had.

berger301 · 08-28-2008, 12:26 AM

I attached the 3 papers I got when served.

I did find the procedures for Michigan, but like I said - the order of things is what's got me confused and the affidavit. Where do I put my questions, and what questions should I be asking to make them prove it. I'm going to go back through some of these post and see what I can come up with.

marylynn78@gmail.com · 10-24-2008, 03:02 PM

Thought this might help alot of people like it helped me, I spent hours searching for a template to work off of and I finally found one!

If you google "How To Answer a Credit Card Debt Lawsuit" you'll find a site that offers Appearance, Answer (with applicable defenses!) and Certificate of Service templates/Word documents. I also got some helpful credit repair tools as a bonus.

I'm filing my Answer today for a Cach lawsuit but it was SO helpful to have a template to follow. Good luck!

vialna · 10-24-2008, 04:59 PM

look through this site...has ALL kinds of information
Why Chat's Credit Confusion

this is a sample
Why Chat's Credit Confusion - INSTRUCTIONS

Hedwig · 10-25-2008, 09:32 AM

Be very careful with templates you get from the internet.

Many courts have their own formats that you must follow. Your best bet is always to get a copy of your local court's rules.