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  1. #1
    Join Date
    Oct 2012
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    Michigan
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    5

    Default How Would a Junk Debt Buyer Prove its Acquisition of a Debt

    My question involves court procedures for the state of: Michigan

    A little info about the case, I was sued by a junk debt buyer and recently attended the pretrial conference. The rent a lawyer came with nothing but a Default Judgment in his hand, assuming i was going to be a no-show. I think he may have been at a loss for words because i showed up and he had nothing to offer as for a settlement,we sat down in a separate room and he asked how much can you pay and i offered $0.00. He told me to wait in the court room, We waited for our names to be called and spoke with the judge(in a private room),Judge was extremely nice and set discovery for 60 days and trial in 90 days. Judge also noted on the pretrial worksheet that the JDB must provide Valid chain of title and proof of debt to me. What would constitute a valid chain of title and proof of debt? Also the Judge told me he was going to give me 30 days to Amend my pleadings,he said they were close but i could do better and recommended i sit down with a lawyer. Does anyone have experience with a lawyer in central MI they can recommend? I have called a few and none of them seem real interested. Thank You.

  2. #2
    Join Date
    Sep 2010
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    18,910

    Default Re: Attended Pre Trial,have Some

    What makes you think he has to offer anything for a settlement? He might have made an offer if you had indicated any intention of doing so, but your refusal to negotiate means he pretty much HAS to go to court.

    The proof of debt would be some document that indicated you were obligated to the debt and the "chain of title" (not really the best term here) is that the debt was indeed transferred to them so that they have the authority to collect upon it.

    Unfortunately, you've not indicated anything USEFUL here.

    What sort of debt was it?
    Do you dispute the validity of it?
    What were the time frames involved (when did you default on the debt? when was the court case filed)?
    Do you have reason to believe the current debt holder has been assigned the debt?

    These are the first questions a lawyer would likely ask.
    Frankly, unless you seem to have some indication that you shouldn't OWE this money, it's not clear what anybody can do for you.

  3. #3
    Join Date
    Oct 2012
    Location
    Michigan
    Posts
    5

    Default Re: Attended Pre Trial,have Some

    Thanks for the reply Flyingron.

    What sort of debt was it? - (line of credit)
    Do you dispute the validity of it?- (yes i send debt validation twice and the only thing sent was a couple printed monthly statements)
    What were the time frames involved- (when did you default on the debt? when was the court case filed)? ( default 2010, Case filed summer 2012)
    Do you have reason to believe the current debt holder has been assigned the debt?- ( The only thing i have seen was a couple copies of monthly statements and a affidavit attached to the summons)

  4. #4
    Join Date
    Sep 2005
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    Default Re: Attended Pre Trial,have Some

    Quote Quoting StressedInMichigan
    View Post
    What sort of debt was it? - (line of credit)
    Is this a lawsuit on an account stated If so, there are extra hurdles for you to jump through if you want to present a valid defense to the amount. Read the court rules.
    Quote Quoting StressedInMichigan
    Do you dispute the validity of it?- (yes i send debt validation twice and the only thing sent was a couple printed monthly statements)
    Asking for validation is not the same thing as disputing the validity of a debt. You received monthly statements showing your balance. So... what are you disputing?
    Quote Quoting StressedInMichigan
    What were the time frames involved- (when did you default on the debt? when was the court case filed)? ( default 2010, Case filed summer 2012)
    Well inside the statute of limitations.
    Quote Quoting StressedInMichigan
    Do you have reason to believe the current debt holder has been assigned the debt?- ( The only thing i have seen was a couple copies of monthly statements and a affidavit attached to the summons)
    That was an affidavit in support of a lawsuit on an account stated? Again, tread carefully. Learn the court rules.

    The fact of the assignment does not appear to be in dispute - the judge wouldn't have raised the issue if this weren't an assigned debt.

  5. #5
    Join Date
    Oct 2012
    Location
    Michigan
    Posts
    5

    Default Re: Attended Pre Trial,have Some

    Thanks for all the help. My main concern is how the debt balooned nearly $5000.00 more than the original amount. The summons mentions account stated, could anyone point me to some usefull info on what i need to do at this point? I assume the jdb next step would be filing for a summary judgment?

  6. #6
    Join Date
    Sep 2010
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    18,910

    Default Re: Attended Pre Trial,have Some

    At 18% the debt will double every four years. Faster if the rate is higher.

  7. #7
    Join Date
    Oct 2012
    Location
    Michigan
    Posts
    5

    Default Re: Attended Pre Trial,have Some

    Thanks for another sleepless night night.

    - - - Updated - - -

    Thanks for another sleepless night.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Attended Pre Trial,have Some

    Read this.
    Quote Quoting StressedInMichigan
    View Post
    Thanks for another sleepless night night.
    Last I checked, we weren't the cause of your problems. If you want to get snotty with us for trying to help you - for free - I know that I, for one, have better things to do.

  9. #9
    Join Date
    Oct 2012
    Location
    Michigan
    Posts
    5

    Default Re: Attended Pre Trial,have Some

    I am sorry i didnt mean that rude, Flyingron mentioned the debt doubling is what i was refering to and the thought of that was disturbing. I really do appreciate all the help!

  10. #10
    Join Date
    Sep 2005
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    Default Re: Attended Pre Trial,have Some

    Sorry if I misinterpreted.

    Read the document I linked above. It looks to be directly on point and quite thorough.

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