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?
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?