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  1. #1
    Join Date
    Jun 2010
    Posts
    6

    Default Law Firm and Plaintiff are Related

    Hello,
    I'm in Michigan and am very new to this forum so, please excuse any mistakes I might make and please excuse the long post.

    A lawyer representing Xxxxxxx, LLC, which claims to be an assignee of Xxxxxxx, Ltd., who was an assignee of Xxxxxxxxx who was an assignee of the original creditor, is suing me. Sounds like a JDB to me but, I've researched the collection agency and found out that they are a company of two employees and are not licensed in my state of Michigan to collect debts which is required in Michigan

    Research on the lawyers website shows that they are involved in civil litigation in the area of collections (among other things) and the founder of the firm is one Xxxx X. Xxxxx who is also listed as a member of the CA (Plaintiff). The CA and the lawyer's office both have the same address.

    I've read that even if a CA isn't licensed, that their attorney can sue under his license.
    Is this applicable in this case? The plaintiff is listed as the CA in question but the founder of the firm, which is suing, is a member of the CA.

    Isn't this a conflict of interest of sorts?

    Other pertinent facts are:
    a) No supporting documentation is included in the complaint other than (Exhibit A) an 'account statement' with the name of the original creditor, my name and address, my alleged account number and supposed balance; all typed up an 8' x 11' sheet of paper in a bold font large enough to fill the entire page. Anyone can do this on a computer.
    b) An affidavit (Exhibit B) from a woman claiming to be the Manager of the plaintiffs company (the only other member of the CA) who states nothing about having first hand knowledge of the original contract. She simply states that their books are in order and that the Plaintiff has purchased the debt and is the right party to bring suit. I find it odd that a CA can claim they are 'assignee' and yet still have 'purchased' the debt.
    c) A memorandum of law was included citing MCR 2.113 (F)(1)(b) which leads me to believe that they don't have the original contract ... neither do I as is alleged in the complaint.
    d) There may also be difficulty in the plaintiffs' ability to prove that they are the proper party to sue due to the long chain of assignments.

    Please, I realize that I'm not a very good steward of my life and probably don't deserve your help but, I'm at my wits end as to strategy involved.

    I know I have to answer the summons but would the best strategy be to try to get this dismissed out of hand due to some legal technicality as noted above? Or to file an answer and then wait for the discovery stage?

    Thanks for all the valuable information on this site. It's calmed my nerves a LOT !

  2. #2
    Join Date
    Sep 2005
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    Default Re: Law Firm and Plaintiff are Related

    A plaintiff can be related to his lawyer. Why would you believe otherwise? Mind you, it can be stupid for a lawyer to represent a relative, but that's another issue entirely.

    This is a suit on an account stated? Or what?

    Realistically, if you can't figure out how to represent yourself you need to think about hiring somebody to represent you.

  3. #3
    Join Date
    Jun 2010
    Posts
    6

    Default Re: Law Firm and Plaintiff are Related

    Did you even read my post? Or did you just read the subject line?

    I did not intend to infer that they were related familialy.
    I meant that the founder of the law firm representing the plaintiff is a member of the unlicensed credit collection agency that is suing me and is still a member of the law firm.

    This is a suit on an account stated? Or what?
    I guess so; that is the last paragraph in the list of complaints.

  4. #4
    Join Date
    Sep 2005
    Location
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    Posts
    98,846

    Default Re: Law Firm and Plaintiff are Related

    It doesn't take a genius to figure out that a lawyer and his client can have a business relationship and still be lawyer and client. After all, hiring somebody as a lawyer creates a business relationship.

    Try following the instruction on writing clearly and concisely. It's not necessary to be an ass.

    Read the court rules on how to respond to a lawsuit on an account stated, as otherwise you could lose simply by failing to file a legally adequate answer.

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