Archive for the ‘How To Win A Credit Card Lawsuit’ Category

Judgment on the Pleadings Hearing

I just thought I’d tell you what happened at the Motion for Judgment on the pleadings hearing: It was at 1pm and took about 45 minutes. The bailiff called me in and the plaintiff didn’t show up. ALL RISE The judge came in and stated that he had the Motion in front of him and […]

Win Your Lawsuit

Did you know that every single collection agency that sues a consumer is looking for a default judgment? When I was sued, I looked up the collection agency and saw literally hundreds of cases filed and about 98% of them ended up in a default judgment. People who have old credit card debt need to […]

Would the Plaintiff in a Credit Card Civil Case Request the Court for a Summary Judgment in Lieu of a Trial After Filing the Lawsuit

If you answered your Complaint and admitted to any of the counts against you, then the plaintiff most likely filed for summary judgment. It basically goes like this: They say you did various things.” “You answered and admitted that you did some or all of those things.” They then file for summary judgment based on […]

Check Customer Agreement for Choice of Law to Determine Statute of Limitations

If you are being sued and were provided with a customer agreement attached to the lawsuit, look carefully and see what state law was chosen to govern the agreement. You will be surprised that most credit card agreement’s chosen law have a shorter statute of limitations period than the state where you reside. Of course […]

Bass vs Stolper Koritzinsky Brewster Neider

In the United States Court of Appeals for the Seventh Circuit. Bass vs Stolper Koritzinsky Brewster Neider No. 96-2113 ——————————————————————————————————————————————————— 625 N.W.2d 804 (2001) 244 Mich. App. 728 TERRI L. BASS, Plaintiff-Appellee, v. STOLPER, KORITZINSKY, BREWSTER & NEIDER, S.C. and KATHY LESCHENSKY, Defendants-Appellants. Appeal from the United States District Court for the Western District of […]

Asset Acceptance Corporation vs Othell Robinson

Read the results of this landmark case. ASSET ACCEPTANCE CORP. v. ROBINSON DOCKET NO. 215158. ——————————————————————————————————————————————————— 625 N.W.2d 804 (2001) 244 Mich. App. 728 ASSET ACCEPTANCE CORPORATION, Plaintiff-Appellee, v. Othell ROBINSON, Defendant-Appellant.s Court of Appeals of Michigan. Submitted January 3, 2001, at Detroit. Decided March 2, 2001, at 9:05 a.m. ——————————————————————————————————————————————————— Murdoch J. Hertzog, St. […]

Remove Judgment

From my research, I have heard that people simply disputed the judgment from their credit reports. The collection agency has to call the courthouse and verify the judgment with the court. If it came back verified, the people would call the collection agency and ask them for the information that they received back to verify […]

Which Do I Do First: Ask for Validation or Answer Complaint?

If I was being sued and asked myself that very same question, I would answer the Summons. If I did not ask for proper validation before I was served, it makes no sense to ask for it now. Right now I would be dealing with a lawsuit and would answer that summons within the time […]

Objections to Credit Card Debt Lawsuit

Interrogatories are written questions a party may serve on any other party, which must be answered in writing and under oath. Interrogatories are most useful as a means to obtain basic information, such as witness names, the facts underlying a vague or indefinite statement in a pleading, or to ask simple, unambiguous questions. Written interrogatories, […]

Landaverde vs Centurion Capital Corporation

A judgment that grants more relief than a party is entitled to is subject to reversal. Thus, it was reversible error for the trial court to grant summary judgment for Centurion on a claim it did not raise in its motion for summary judgment. We sustain Landaverde‚Äôs fourth issue. REVERSED AND REMANDED: Opinion by Chief […]