Re: Help, Court Tomorrow $700 5 Year Old Bank Debt
court tomorrow so, what did you do about 3 weeks ago when you were served? What was in the answer you sent in?
Re: Help, Court Tomorrow $700 5 Year Old Bank Debt
If the creditor prevails, it may then pursue garnishment proceedings, where your employer will be ordered to take 25% of your disposable earnings - that is, anything after legally required deductions (like taxes) and the first $154.50 of your take-home pay weekly.
Michigan Legal Aid explains it here.
Go to court. I don't know what your contract says about which state's laws apply to it, but in your position, I would argue that the creditor is time-barred from suing because the contract was executed in Florida, and the SOL has expired. The judge may or may not agree, depending on what evidence the creditor presents. Either way, at less than 35 hours a week at MI minimum wage ($7.40/hour), you're pretty much judgement proof.
Re: Help, Court Tomorrow $700 5 Year Old Bank Debt
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Quoting
LawResearcherMissy
Go to court. I don't know what your contract says about which state's laws apply to it, but in your position, I would argue that the creditor is time-barred from suing because the contract was executed in Florida, and the SOL has expired.
that is why I asked what was in the response. Haven't checked but some states preclude you from claiming an affirmative defense if you did not include it in your response.
luckyskunky:
where will you be financially in 10 years, or 20 years. A MI judgment is good for 10 years and can be renewed. That is a long time to have this hanging over your head.
from Michigan's borrowing statute:
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An action based upon a cause of action accruing without this state shall not be commenced after the expiration of the statute of limitations of either this state or the place without this state where the cause of action accrued, except that where the cause of action accrued in favor of a resident of this state the statute of limitations of this state shall apply.
Re: Help, Court Tomorrow $700 5 Year Old Bank Debt
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jk
that is why I asked what was in the response. Haven't checked but some states preclude you from claiming an affirmative defense if you did not include it in your response.
luckyskunky:
where will you be financially in 10 years, or 20 years. A MI judgment is good for 10 years and can be renewed. That is a long time to have this hanging over your head.
from Michigan's borrowing statute:
SOL can be waived in most states ... must be plead.
I don't know why the OP bothered posting, given that the hearing is tomorrow.
Could ask for more time to file an answer if he has not.
Re: Help, Court Tomorrow $700 5 Year Old Bank Debt
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Haven't checked but some states preclude you from claiming an affirmative defense if you did not include it in your response.
You're right, I forgot that. MI is one of those states, MCR 2.111(F)(3). That said, it seems the court isn't always inclined to impose the "strict pleading burden" on defendants, so it's still not entirely hopeless for our friend here.
The worst that can happen, really, is that the judge laughs and says "No, sorry pal." He's still broke as hell and the plaintiffs are only going to get pocket lint.