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blazinmad2
Guest
What is the name of your state?What is the name of your state? I live in Michigan, the case is in Ohio.
I went through the Summary Judgment process (started 8-15-03) and received on 3-18-04 the Order--Plaintiff's Motion for Summary Judgment was denied as there was no evidence presented explaining why nonpayment of credit card resulted in indebtedness to plaintiff. I thought this was over--on 4-12-04 I received Motion for Leave to File Amended Complaint Instanter--and on 5-8-04 I received Amended Complaint on Account.
The last payment on this account is Oct 15, 1996. What was added to the amendment was that they purchased this account for a fair market value and that I am bound by the agreement that they purchased. They did not purchase this from the original creditor, but they submitted all the information from the original creditor. They purchased this account from another collection co.
When I went through this process, I used my previous name. I remarried two years ago and moved to Michigan just 3 miles north of the Ohio line. I have a P.O Box in Ohio. I thought I could complete this process in my old name and PO Box number. I did not submit an affidavit with my response to motion for summary judgment response knowing that my name had changed. They did not use any information that I submitted for the case in making their decision for denial, as I did not send in an affidavit.
I need some help. I have a few questions before I go through this whole process again:
1) Since I did not fill out an affidavit, can I state as an Affirmative Defense --Statute of Limitations and that I live in MI--MI is 6 years and OH is unlimited. I was living in MI before this case began last August. I did not know the difference in the two states Statute of Limitations until today doing research. Will I have a good chance of getting this case dropped by using this information?
2) What about my name change--I did not tell them at the beginning of the case that I had remarried. By changing my name at this point does this cause a problem? How do I get around this?
3) Or should I continue to use the Affirmative Defenses of Failure of Consideration, Statute of Frauds, and Accord and Satisfaction?
Thank you in advance. Blazinmad2
I went through the Summary Judgment process (started 8-15-03) and received on 3-18-04 the Order--Plaintiff's Motion for Summary Judgment was denied as there was no evidence presented explaining why nonpayment of credit card resulted in indebtedness to plaintiff. I thought this was over--on 4-12-04 I received Motion for Leave to File Amended Complaint Instanter--and on 5-8-04 I received Amended Complaint on Account.
The last payment on this account is Oct 15, 1996. What was added to the amendment was that they purchased this account for a fair market value and that I am bound by the agreement that they purchased. They did not purchase this from the original creditor, but they submitted all the information from the original creditor. They purchased this account from another collection co.
When I went through this process, I used my previous name. I remarried two years ago and moved to Michigan just 3 miles north of the Ohio line. I have a P.O Box in Ohio. I thought I could complete this process in my old name and PO Box number. I did not submit an affidavit with my response to motion for summary judgment response knowing that my name had changed. They did not use any information that I submitted for the case in making their decision for denial, as I did not send in an affidavit.
I need some help. I have a few questions before I go through this whole process again:
1) Since I did not fill out an affidavit, can I state as an Affirmative Defense --Statute of Limitations and that I live in MI--MI is 6 years and OH is unlimited. I was living in MI before this case began last August. I did not know the difference in the two states Statute of Limitations until today doing research. Will I have a good chance of getting this case dropped by using this information?
2) What about my name change--I did not tell them at the beginning of the case that I had remarried. By changing my name at this point does this cause a problem? How do I get around this?
3) Or should I continue to use the Affirmative Defenses of Failure of Consideration, Statute of Frauds, and Accord and Satisfaction?
Thank you in advance. Blazinmad2