Legal Question in Credit and Debt Law in Michigan

Need To Make My Case

I have to write up my case for ''Case Evaluation''. It's a credit card company suing me. My ex-girlfriend got a card and I became a cardholder later, she declared bankruptcy, now they want me to pay (I don't think I ever used it). I asked for proof that I owe it at the pretrial and have seen nothing (discovery period is over, the case was automatically sent to Case Evaluation.). If I do owe it, I don't have the money to pay it. What do I do?


Asked on 2/14/07, 7:11 am

2 Answers from Attorneys

Stuart Collis Collis, Griffor & Hendra, PC

Re: Need To Make My Case

They have to show that you used the card or accepted the terms of the credit card contract. Many times, these debts are bought by third parties and therefore, they have little that they can prove. Case evaluation is a process where three attorneys will determine what the case is worth. If both parties accept the award, then the case is over. You either pay the amount owed or a judgment is entered against you (more on judgments later). If you reject, then at trial, you must do better than 10% of the award in your favor to avoid paying the other side's attorney fee. A judgment is a legal decision that says you owe x amount of dollars. You don't have to pay it off immediately. You can make motions to make installment payments based on your income and expenses. Also, after more than 21 days pass, you can have your tax refund garnished or bank accounts garnished or personal property executed upon. Most creditors will not do that if you are making good faith payments. Certain things are exempt from garnishment like social security, pensions, federal taxes, and unemployment.

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Answered on 2/14/07, 8:21 am
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Need To Make My Case

For case evaluation, you will need to file a brief to support your position. Since you are not an attorney, they will give you some latitude, but you at least need to explain the facts accurately and find some authority to support your position. The burden of proof is on the Plaintiff to prove that you owe the money. If you used the card, you can be found liable for the portion of the balance attributable to your use of the card. Remember to follow the case evaluation rules. Pay your fee on time and submit the proper number of copies of your brief timely and show up timely. This is an informal process, but you need to use proper decorum fit for a legal proceeding.

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Answered on 2/14/07, 9:16 am


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