Suing Your Creditors > Sample Pleadings

being sued by Mary Jane Elliot/Midland Funding LLc in Michigan

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TiredofMJ:
I am hoping someone can help me answer this summons and complaint from Mary Jane Elliot.

I'm quite frustrated because this is the second time within a year that she's suing me. The last time I failed to answer the summons (I telephoned her, my mistake). This time, I want to get it right.

I haven't been sent anything from Midlland Funding LLC in the past so I'm not sure what this is for.

This is what it says
1.) This cause of action arose within the jurisdiction of the Court in the County of Macomb.
2.) Plaintif's Midland Funding LLC predecessor in interest is GE MONEY BANK.
3.)Paintiff assignor allowed Defendant to charge goods and or services on open account, and upon Defendant's promise to pay for same.
4.) Plaintiff's assignor sent staements on account #......... to the defendante who did not disput teh charges or object within a reasonable time.
5.) Defendant has not paid the balance owing on the account, despite Plaintiff and Plaintiff's Assignor demands for payment.
6.)Defentdant's failure to pay has seulted in default on the account.
7.) Plaintiff's assignore has completed performance and rendered as account stated:Affidavit attached.
8.) Defendante is jow justly indebted to plaintiff over and above all legal counterclaims in the amount of $5....

How do I answer this?

KFMAN:
How about denying everything except your name and address and making them prove you owe the ALLEGED debt.  I would also make them show Chain of Custody.  You could probably counter with an FDCPA lawsuit if they have added fees and interest, they can't prove you owe.

How much was the charge off amount and have they added anything to that?

I would also get to reading as information on this website will show how to respond to the complaint.

Lawdog2012:
Apparently Midland (junk debt buyer) bought a defaulted credit card account you had with GE Money Bank.

GE issues Paypal cards and a variety of other credit cards.

You need to research this and see when the last payment was made. Their cards are under Utah law. Utah recognizes out of state statutes of limitations.

cprems:
Are you in MS by chance?

When did this alleged debt go delinquent?

TiredofMJ:
No, I'm in Michigan. The account is 5 1/2yrs old.

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