Michigan: Assigned attorneys file lawsuit but then don't??

[weepignwillow66]

Because debts can be bought and sold, you have to be very clear as to who is doing what. Even your statement that an attorney is suing on behalf of someone else probably isn't strictly accurate. I suspect what you mean is that some "Collection Agency" (CA) now owns your debt, and that an attorney who is representing the CA has asserted to you (in writing and/or on the telephone) that the CA has already filed suit against you or is in the process of filing suit against you.

To restate that, either the attorney is the plaintiff and they are suing you on their own behalf because they own the debt, or the attorney is representing the CA who is the plaintiff that is suing you. But the attorney isn't suing you on behalf of the CA. It's a minor semantic point, but in these kinds of cases it can get very confusing very quickly if you're not clear who is doing what.

If the CA told you that you have to deal with their attorney that is representing them, then that is who you should deal with. Call the attorney and find out what they want to make it all go away. Don't send them any money unless they send you an agreement in writing saying what they will do upon receipt of that money. For instance, the agreement should say something like you will give them $x by such and such a date, and they will agree not to file suit, or they will agree to dismiss any suit already filed, etcetera).

Perfect! Thank you. That really clears a lot up. I suppose in the end its kind of up in the air. I'm going to contact them tomorrow and ask for a copy on all the charges and go from there. My only issue is if they are expecting over $1000 in court costs as she stated on the phone. The incomplete civil complaint form they sent me was with the "State of Michigan in the 61st Judicial District Court," (As stated at the top) and the attorney signed and dated it. So it leads me to believe that they did in fact have intent to file it with that particular court. If they still haven't filed tomorrow, which I'll check with the court clerk again, I will check with the circuit courts as well. I refuse to pay over $1000 on court costs that have not even commenced.

 

[justalayman]

case numbers are assigned by the court when they recieve them. You would have recieved a copy of the complaint they filed with the court. They take those actions simultaneously usually so not having a case number is not indicative of anything.

 

[weepignwillow66]

case numbers are assigned by the court when they recieve them. You would have recieved a copy of the complaint they filed with the court. They take those actions simultaneously usually so not having a case number is not indicative of anything.

But is it proof that they intend to file with that particular court?

 

[justalayman]

Thanks so much

Also, just for fun... The copy of the civil complaint form they sent me was not completely filled out as I stated before. It does not have a case number or anything. However at the top it says
"State of Michigan in the 61st District Court"

I did in fact call that court and there was nothing on file. She told me that no matter what, if it was filed, she'd see it. I think that I might take your advice into consideration on paying only the amount owed for the debt if in fact they send me an accounting copy on the amount they want from me and it includes court fees that sore sky high. If it was only $64 dollars I would just deal with it. But she was talking over $1000 dollars on the phone.

who is listed as the plaintiff on that form; the collection agency or the attorney whose office sent it to you?

 

[weepignwillow66]

who is listed as the plaintiff on that form; the collection agency or the attorney whose office sent it to you?

In exact wording:

MIDLAND FUNDING, LLC

ORIGINAL CREDITOR: (creditors name)

Plaintiff

vs.

ME

Defendant

 

[justalayman]

then the attorney is acting as an attorney on behalf of Midland funding.

But is it proof that they intend to file with that particular court?

it is nearly impossible to prove intent and since they have a template in their computer to whip out complaints such as this it only takes a few minutes to write it up it is difficult to ascertain if this was a threat or an actual copy of a complain filed with the court.


but if they have not filed it, I believe it is likely in violation of the FDCPA.



tomorrow call that court and explain to them what you have in your hand. They should be able to find it based on info you provide off that if it has been filed.