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  1. #1
    Join Date
    Sep 2013
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    Default Sued Over Debt to a Bank

    My question involves collection proceedings in the State of: Michigan


    I lived in Florida. I have a 15 billion dollar bank company coming after a peon like me who makes $7 something an hour. I think it's hilarious, someone is trying to prove something somewhere. I did some research and the statutes of limitations in Florida where the written contract was made for old debts is 5 years. Michigan is 6 years, I now live in Michigan and my court summon is in michigan. Does this mean that the 5 year or 6 years apply? I have NO other bank account except a pay card my paycheck is deposited to. I have literally $20.00 to my name right now. I have no assets they can take like car, house. I basically told their lawyer over the phone have at it and I'll see you in court. I know they are not going to get much and I know it's a huge waste of time for both the multi billion dollar bank and the lawyer. He was like pleading with me over the phone to make some kind of agreement with him and told me going to the court is a waste of money to me because I won't work . Well you know what? lets do the math here Lawyer makes thousands a day me $46.00 in a six hour shift geee I wonder who is wasting their time and money.

    The Debt is now over 5 years old

    Does anyone know how much of my wages they can take out? I work part time less then 35 hours a week sometimes even 27

    All in all I'm not too worried.

    Any information would be great

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default 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?

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default 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.

  4. #4
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    Default Re: Help, Court Tomorrow $700 5 Year Old Bank Debt

    Quote Quoting LawResearcherMissy
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    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:


    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.

  5. #5

    Default Re: Help, Court Tomorrow $700 5 Year Old Bank Debt

    Quote Quoting jk
    View Post
    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.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Help, Court Tomorrow $700 5 Year Old Bank Debt

    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.

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