Legal Question in Credit and Debt Law in Michigan

I was representing myself in Pro Per, because I lack funding. I had/have not responded to discovery because I was in process of typing it up, when I got a copy of the Plaintiff's request for Summary Judgment. I sent a response to their motion, probably not a good one, and the judge ordered in favor of the Plaintiff. How can I / should I appeal this? It is in Michigan, it is a debt collector, I never claimed to own or owe the account. I wanted to motion to strike their affidavit as hearsay, but also didn't get the chance, nor the chance to amend my answer to include the affirmative defense of lack of privity. PLEASE, HELP!!


Asked on 8/12/09, 7:03 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

There are several self-help legal advice books and internet materials available which should have instructed you to present any and all defenses you have to the lawsuit in your Answer to the Complaint and your Response to the Motion for Summary Disposition/Judgment. If you are not aware of the account and it does not appear on your credit report, then you should have raised that as a defense. Remember that accounts are often transferred, sold and assigned, and can change numbers. The bottom line is that you did not raise sufficient defenses to prevent the court from ruling against you. You do have 21 days from the date the Judgment was entered to seek relief from the court, however, you have to show that there was an error. There are other standards you have to meet. The bottom line is that you have to properly defend yourself to avoid having a judgment entered against you. The plaintiff met their burden, which is why they prevailed.

You can always ask the opposing attorney and/or the court for an extension of time to respond to a pleading, prior to the due date. Do you understand what lack of privity is? It was likely not applicable to your situation as long as the debt collector had evidence of an assignment of the account.

If the debt is large enough, you need to hire an attorney to assist you. It is not possible to give you thorough legal advice here, especially without knowing more facts.

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Answered on 8/20/09, 3:25 am


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