Legal Question in Credit and Debt Law in Michigan

Third Party Debt Collection Lawsuit

I am being sued by First Resolution Investment Corp. They say I owe almost $9500 on a Citibank account. When their lawyers first contacted me they said the creditor was Unifund. When I pressed them, they said Citibank was the original creditor. Four months later they said First Resolution has been ''assigned '' the account. All they gave me for verification was an account number and an affidavit from their chief legal counsel saying they have ''numerous files and records about this account. They have repeatedly ignored my requests for copies of these files. They are suing me for breach of contract. They say they do not have to provide any proof since there is an implied contract. Can they really win a lawsuit without proving they are acting for Citibank or that I have owed Citibank the money? I wrote Citibank to ask if they could verify the account number or that they assigned the account to First Resolution and they never responded. I think I am being scammed. I am afraid the court will accept their word and no proof and I will get hoodwinked. I am planning on answering the summons.


Asked on 11/17/08, 11:12 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Third Party Debt Collection Lawsuit

once you answer the complaint, you will have to ask the judge for discovery. You will then have access to their records. Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 11/17/08, 11:37 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Third Party Debt Collection Lawsuit

The collection agency is hoping you ignore the law suit and let them get a default judgment. Do not ignore it. Get your written response filed with the court within the deadline, and fight it. Evidence must be provided at trial.

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Answered on 11/18/08, 1:54 am


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