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    hipncash's Avatar
    hipncash Posts: 14, Reputation: 1
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    #1

    Oct 26, 2007, 12:01 PM
    Judge Counterclaim Written Response Credit Card Debt Lawsuit Court
    I am being sued by Zwicker and Associates for a debt they claim I owe. It is around $11750.00 I did show up for court. The judge stated that within 14 days I must file a counterclaim and that Zwicker must provide proof of debt. They have broken various aspects of the Fair Debt Collections Act. How exactly do I word and write a counterclaim and submit it to the judge and Zwicker? Some basics of an outline of this would be appreciated. She stated that their would be sanctions if one of us did not follow through in providing the appropriate documentation in 14 days. What does this mean exactly as well? I do not have a lawyer and am representing myself in Michigan. Any help would be much appreciated.

    I would like to thank all of you as well that provide assistance on this site. You are all amazing people. The world needs more people like you! Thank you all in advance and have blessed day! : )
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 26, 2007, 02:06 PM
    Wish I could help but I'm not familiar with Michigan law - I do question why you were advised to file a counterclaim and not an answer - ?

    With $11,000 plus at stake I would definitely contact an Attorney to see if they can negotiate the balance down a little bit. That's a lot of money to attempt to defend when you aren't exactly sure what you are doing -
    famlee's Avatar
    famlee Posts: 79, Reputation: 6
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    #3

    Oct 26, 2007, 11:46 PM
    Are you trying to prove you do not owe the debt or trying to file a counterclaim for them violating the Fair Debt Collections Act?
    CHERIE_LABAT's Avatar
    CHERIE_LABAT Posts: 42, Reputation: 1
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    #4

    Oct 27, 2007, 05:22 AM
    He owes me not me owe him. He just keeps telling me to keep wasting my money on filing fee but he would show me I won't get a dime unless he chooses to give it to me. He has around $6000-7000 in his checking account, but he's not going to help me because I'm getting ready to move and he feels his control slipping away. He's done told me why would I give you that money and help you move and then you won't be back around. I just keep telling him I need the money to get my trailer moved and if he will act right then I would to but I will not let him control me and since he sees the only way to keep me is to keep my money I've informed him I'm going to go borrow the money from someone and then once the judge makes him come off it I will pay my loan back first, but either way I would not be back around and don't want know part of him!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Oct 27, 2007, 06:01 AM
    Hello Cherie:

    You should start your own thread if you have a question... I looked around... I don't see a question.

    excon
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #6

    Oct 27, 2007, 06:08 AM
    Simply state the facts of your counterclaim and point out instances of their violations of the Fair Debt Collections Act.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Oct 27, 2007, 09:41 AM
    Quote Originally Posted by hipncash
    She stated that their would be sanctions if one of us did not follow through in providing the appropriate documentation in 14 days. What does this mean exactly as well? I do not have a lawyer and am representing myself in Michigan. Any help would be much appreciated.

    If the Judge mentioned sanctions she is REQUIRING that both of you follow through with this matter and if either one of you does NOT provide the evidence requested you can/will be fined and/or held in contempt of Court. I've seen Judges invoke sanctions when a party, for example, claims to have documentation, doesn't really have it, obviously can't provide it - considered lying to the Court as well as misrepresentation.
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