I would use the wording from the laws, and cite the specific law. But, that's just me. Often the 'belief and information' affidavits can be struck. Also, if you are dealing with small claims court, the rules are generally more relaxed, but they still exist.
Some would advise you to write up your own affidavit, get it notarized, and submit that as counter evidence. As for myself, when I've done that I've been sure to mention that, as the defendant, I have first hand knowledge of the facts. You can still send a DV. Everything you have mentioned above would probably be good for afirmative defenses. Usually you can only get a case dismissed if the pleadings are defective.
For example, if they have no claim even if everything they say is true. Check your state laws to see what constitutes defective pleadings. Each state's laws are different, though. I think you mean counter claims and not counter-suit. The nice thing about counter claims is that you don't have to file a brand new lawsuit. You really haven't provided enough information to answer your last question.
See the form for people being sued, fill that out, and post it with your answers. You don't have enough posts for links yet, but that can be finessed. Most likely the information is there, I just don't know exactly what to look for. The only thing listed in this section for SoL on Michigan website is " 8 The period of limitations is 6 years for all other actions to recover damages or sums due for breach of contract.
After reading over the definitions of hearsay and what is accepted I believe Michigan does allow it, but they do give clear actions in which for attacking the hearsay statement. Basically this would just state I have first hand knowledge of OC and no knowledge of who LHR claims to be or how they acquired the debt? As i understand this by Michigan law anyone pleading in regards to collection of debt only needs to have an account number, name of OC and 'amount due to date' in accordance to as defined in MCL The burning question I'm trying to figure out is it legal to make false allegations of fraud in this lawsuit in the pursuit of debt.
Since technically this law-firm is assuming the role of debt collector since LHR cannot sue here legally. Creditor or principal does not include a person who receives an assignment or transfer or a debt solely for the purpose of facilitating collection of the debt for the assignor or transferor.
In those instances, the assignor or transferor of the debt shall continue to be considered the creditor or the principal for purposes of this act. BrokeBob is entirely correct. You can send a letter to the collection agency within thirty days of first being notified of the collection.
You should send this letter via certified mail so that you can prove that they received it. In response to your dispute, the collection agency must cease collection activity until they send you some sort of validation of the alleged debt. They can resume their collection efforts again once they produce proof of your debt. There are many things collection agencies cannot do or say when contacting you. Collection agencies may not:.
If any of these things occur, your best option is to consult with a consumer protection attorney. LHR has contacted my previous employer multiple times trying to get information on my whereabouts.
They have even called family memebers telling them that they need to get in contact with me right away. When I called them back I was told that I owed thousands more then the debt was originally for and told that non payment could lead to my arrest. They continue to pressure me and threaten that I will also face being sued for non payment.
Despite trying to explain to them that I do not have the kind of money that they want me to pay all at one time, I have continualyl been told that I have until the end of the month to pay them.
I had a credit card from FCNB. Then I was harassed by LHR. Ask them for a receipt and a copy of the satisfaction of judgment that is filed with the court. I do it all the time at work paralegal. Better yet - see if you can get them to file a Motion to Vacate the Judgment once it's paid - then you can get it removed from your report all together - not just marked paid. Skip Navigation. Forum Topics. Sign In Help. Turn on suggestions. Auto-suggest helps you quickly narrow down your search results by suggesting possible matches as you type.
Showing results for. Search instead for. It is pretty obvious that I am in way over my head with credit card debt.
I have left 2 cards recently default. I did some research online of these companies. MRS seems to be a really nasty one. I have been avoiding their phone calls due to the fact I dont want to be yelled out or mistreated.
They leave these generic messages saying 'your documents have been assigned to me and I have to make a decision regarding this within 24 hours, please return the call' of course, I get these every day so the 24 hour thing is BS. I did talk to LHR but their payment plans are ridiculous. I sent them a letter requesting validation to which I got a notarized letter back. I am over 18 years of age, and competent to testify, and have personal knowledge of the facts set forth herein 3.
LHR, Inc. Included in that purchase was the indebtedness of name 5. LHR, inc is a bona fide assignee of Juniper Bank, the original creditor of the indebtedness of name 6. In the ordinary course of business, and as it is customary in the credit industry, Juniper Bank destroys all paper documents on its accounts while maintaining the true and accurate electronic records documenting the payment history and account status. I affirm that if I was to be called as a witness, I can testify competently as to the facts of the indebtedness of Name 9.
To the best of my knowledge, the defendant is not now on active duty in a branch of the military. Signatures and notary So, now what????? Thanks in advance for any advice sent my way.
Today's Featured Deals. Jan 11, 2. Are they suing you? Jan 11, 3. Addressing each numbered paragraph: 1. Who cares. Why did you not include your purchase documents? Where are the assignment docs? Press the little print button on your computer screen and print out the docs. Ohh wait, your not the OC, Juniper has to do that. Exhibit A is blank, are you sure this is the info you received, if so I'd demand my money back.
Where you there when the purchases were made? Did you see me make the purchases?
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