My question involves collection proceedings in the State of: Michigan
My question involves collection proceedings in the State of: Michigan
My wife was in pretty rough financial straights, instead of bankruptcy she / we choose the Credit Counseling Program. It was completed on time with no issues regarding any creditor.
Since then she has received two lawsuits against her;
The 1st we supplied all paperwork concerning the Counseling program, the payout and closed account information, this case was dropped / dismissed.
The 2nd one we did the same thing, letter from counseling program stating the account was paid in full and account closed, letter from card company saying the account was closed with a zero balance, and a complete history of payments to the attorney, and asked for him to drop the case since it is paid and closed with zero balance with supporting documentation.
Received a letter today from attorney "NO" is all it said ... Then received a Pre-Trial Statement:
Some Information:
Plaintiff is not original credit company / purchased account we do not know when
In the original complaint they / plaintiff states that the original credit company charged the account off on 02/18/2010 - Our paperwork from the counseling program show payments completed on 06/16/2009 and account closed on 06/17/2009 with zero balance, paperwork from original credit company states account closed with zero balance on 06/17/2009
Plaintiff is claiming "collection of debit based upon alternative theories of breach of contract, an account, and quantum meruit and / or quasi contract"
Plaintiff supplied a long list of witnesses in a "show" of force bullying tactics
Kicker:
After some lengthy research, the collection company is NOT well regarded "UNIFUND CCR,LLC"
Advice on how to proceed:???
What I want to do:
1) File a motion to intervene so I can speak for and with my wife
2) Research / follow the courts proper procedures
3) Sue them back
Any advice is sincerely appreciated .....

