Motion of Discovery, Debt Validation, and Intent to Defend / Credit Card debt in MI

[tj_760]

What is the name of your state? Michigan

Hello –I have questions about Motions filed in Michigan. A quick background - I am in Michigan, was recently summons to court by attorneys’ representing Capital One and a 4 year old debt. I had question about the account in court as the amount they claim due is more than three times the amount of the credit limit that was available on the account. They are suing for over $2900.00 for a card that was limited to $700 in purchases.

I had been advised some time ago and was considering filing for Bankruptcy, but pride and optimism that I could eventually resolve the financial challenges prevented it, as I have several other debts that were a result of conducting a business and not furiously spending but had substantial uninsured losses. The summons was from Attorney in Troy Michigan, the Attorney that appeared in court is from a neighboring county neared where I live 300 miles north. I am confused about several matters and seek advice on the direction to proceed. First – are the attorneys considered Collection agents, or Original creditors as they claim to represent capital One? Would I be better off to contact a BK attorney and file during the process of being sued?

Secondly and equally important – having read numerous posts with conflicting information – What is the difference between a Motion for Discovery, Motion of intent to Defend, Motion to Validate debt? Which ones are pertinent to my situation? Are there templates or samples of each for the State of Michigan that I can use to file? Do the motions have to be in precise language or simply indicate parties to the suit and request information and provide to all parties and the court? Having read the nightmare posting about garnishments, bank account levies, and summary judgments – I understand that I must take immediate action and begin filing. Although the creditor may later choose to accept a settlement or payment arrangements that were offered originally on the account – I’m not counting on it.

Although they are not required to – had they accepted arrangement s previously – this could have been avoided and the debt would have long sense been repaid – however they are essentially forcing my hand and I don’t intend to make their job easy for them. I found this thread that gives an example of Motion for Discovery for Maryland at [URL http://www.askmehelpdesk.com/bankruptcy-debt/letter-discovery-130640.html
– can it be used for Michigan worded the same?

What is the recommended process – file intent to defend, then motion of discovery to make sure the debt is yours and accurate? Another site that helps to dispel some of the erroneous defense I found at url http://www.michigancollectionlawblog.com/bad_debt_collection_info_float/

What about motion to Validate Debt? A thorough answer would be greatly appreciated, and examples of these motions to be copied for Michigan.

I suspect that the “what to do next” and “here are the forms “answer would also be read and duplicated by many others that are receiving summons to appear and intend to exercise their rights in the same position of facing a court that cannot offer it’s advice but expects proper format and protocol to be followed, while not in a financial position to hire an attorney for the matter.

Please answer only if you have solid advice based on positive results and experience as opposed to speculation or opinions as there seems to be as many conflicting opinions as there are questions in other forums. I Thank You for your time and your reply from myself and the numerous others seeking the same answer that doesn’t involve “I think….” ,” I was told…” or “maybe you should…”. I say this simply to avoid unrelated answers or a guess from those that have no experience with the matter. Take care. – TJWhat is the name of your state?

[Debt Guy]

I had question about the account in court as the amount they claim due is more than three times the amount of the credit limit that was available on the account. They are suing for over $2900.00 for a card that was limited to $700 in purchases.

Ahhh. The magic of compound interest. Take a modicum of principal balance, season with interest at default rate, add a dash of overlimit and late fees, simmer gently for 4 or 5 years. Viola!

First – are the attorneys considered Collection agents, or Original creditors as they claim to represent capital One?

Probably neither. Attorneys are lawyers. The attorney represents some 3rd party. Attorneys are sometimes also collection agencies depending on the laws of your state.

Would I be better off to contact a BK attorney and file during the process of being sued?

Don't know enough about your situation to answer this question. It would not hurt anything to speak to a BK attorney just to see if it makes sense and determine if you qualify. Most BK attorneys will give you a free consultation.

What is the difference between a Motion for Discovery, Motion of intent to Defend, Motion to Validate debt? Which ones are pertinent to my situation

I'm not a lawyer and not familiar to any local terms in your state. Generally, the first response to a lawsuit is an ANSWER. The ANSWER asserts your defenses to the lawsuit. Typically, there thereafter is a REQUEST FOR ADMISSIONS, INTERROGATORIES AND PRODUCTION OF DOCUMENTS. The wording might be different in each state. This is commonly what one calls Discovery.

Which are pertinent to you? Don't know. Depends on your defenses. You have not stated any.

Are there templates or samples of each for the State of Michigan that I can use to file?

I'm sure there are. I don't have any. Check your court's website for a copy of the local Rules of Civil Procedure. Sometimes the court will post sample forms. You can speak to the court clerk and ask to see sample of various motions. Keep searching on the internet.

What about motion to Validate Debt?

You've been sued. Such a motion is useless. If you want the Plaintiff to puke up something, you do it in the discovery mechanism.

Please answer only if you have solid advice based on positive results and experience as opposed to speculation or opinions as there seems to be as many conflicting opinions as there are questions in other forums. I Thank You for your time and your reply from myself and the numerous others seeking the same answer that doesn’t involve “I think….” ,” I was told…” or “maybe you should…”. I say this simply to avoid unrelated answers or a guess from those that have no experience with the matte

You are pretty arrogant for a beggar. You come here looking for something free and then want to set conditions for who can or cannot respond. Geez. I started to not even reply but since no one at all had responded decided to forgive your offensive attitude and share with you in good faith what I could. Take it or leave at as you wish.

My gut instinct is that you owe this debt and have no defense. You have a mindset that somehow you have been wronged and want to be a pain in the patoot in the mistaken belief that it will somehow make you feel better. Other than a beef to make the creditor prove the accounting on the debt, what have you got? I'm guessing nothing.

You said they are essentially forcing my hand and I don’t intend to make their job easy for them. If you want to make it hard, file a general denial and demand they prove up the debt. Drag your feet every step of the way. Wait until after the judgment and when they seek to garnish your wages -- then file bankruptcy. That way, you force them to spend the maximum money for the minimum return. Of course, your karma will be way negative.

[Texas Pooh]

If you want only "solid advice" based on past experience and examples of the proper answers, motions and discovery to file, hire a lawyer. That's what they get paid for!

Otherwise, don't come to this forum with such an attitude. Debt Guy was gracious to answer you, and, by the way, answered you completely accurately.