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Collections Law/Recieved Summons and Complaint papers in Michigan

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Expert: Creditwrench - 7/15/2010


Question
I received my papers last night and I do not dispute the fact that I owe Ford Credit.
Long story short, when I received the letter from Ford back in March stating I had a debt with them, I called and was told that I had to make payments of $300/mth.  Like most, I don't have that extra money so I sent what I could, when I could.
I did however just send a payment of $200 on 7/1/2010.  The check was cashed and I have heard nothing until I received my papers last night. My question is how do I respond?  I owe less then what is stated on the papers but I acknowledge I owe Ford. They are also asking for interest, court costs and attorney fees.  I would like to be able to make payment arrangements for $400/mth, but no interest and no additional fees.  I have made arrangements to move where I will be able to afford the payment with no problems.
Any information would be helpful, Thank you very much.

Answer

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If you want to respond you should probably use a sworn statement of graduated denial. I'd also include a demand for admissions in the packet I sent to the plaintiff's attorney and if the attorney's first contact with you has been less than 30 days ago I'd also want to include a demand for validation of the debt. Moving is a very bad idea. They will domesticate the judgment into the state and county you move to and you will really be stuck for it. Best you stay and fight right here. I would also quit worrying about the fact that you owe the money. That has nothing to do with whether or not you win or lose the case. You can not only win the case but also file a lawsuit against the attorney and make the attorney pay you to go away and leave him/her alone. Not a problem. I'm doing it in Oklahoma and others are doing it as well all over the U.S. No reason why not. All you have to do is learn how to do it and that is what I teach.

So it just boils down to what you want to do. Pay out $400 a month or pay nothing and get paid on top of that.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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