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Filing a Written Response to Complaint

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  • 07-12-2012, 06:33 AM
    Bonsairose
    Filing a Written Response to Complaint
    My question involves court procedures for the state of: Michigan.
    I have a complaint filed against me in an attempt to collect a debt from breaching an apartment lease and not fulfilling the payments demanded. At the time of breaching the lease, I had a verbal agreement with my landlord but I know that will most likely not hold up in court. The agreement was that I needed to move out because I was pregnant and was moving home with my family. In addition, I did not have the income to pay my rent (the total debt is totaling near 7000.00).
    I am now summoned to court and/or need to file a written response to the complaint, which will result in a pre-trial.
    I understand I am at fault in this case but I do not have the full amount (or anywhere close) of the debt. Is there a chance I can have a payment plan set up?
    I cannot afford a lawyer for this case and the court will not appoint me an attorney because it is a civil case. Do I need a lawyer?
    Finally, are there certain details I should make sure I include or leave out of my written response?
    Thank you all.
  • 07-13-2012, 11:17 PM
    Mr. Knowitall
    Re: Defendant Broke Lease, Filing a Written Response to Complaint
    If you want to try to work out payments with your ex-landlord, you are free to contact your ex-landlord (or if he's represented, his lawyer) and propose a payment plan. Should your landlord agree, I expect that he will want to protect himself with a judgment or, if available, a confession of judgment in case you don't make the agreed payments. You can also work out a post-judgment payment plan if your landlord agrees, or explore the possibility of periodic garnishment of your wages through the court.

    If you are able to effectively represent yourself in court, you don't need a lawyer; if not, you need a lawyer. I don't know you and cannot assess that for you - although when sued, pretty much everybody benefits from having legal representation.

    We can't see the complaint, so we can't comment on what you might include or exclude from your answer.

    Depending on your total debt load, you may want to consult an immigration lawyer.
  • 07-13-2012, 11:39 PM
    Bonsairose
    Re: Defendant Broke Lease, Filing a Written Response to Complaint
    I can post the full complaint if that will help answering my question!
    Also, what does it mean "effectively represent myself in court"?
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