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cjohnso1 · Jul 22, 2008, 02:40 PM

How do I respond to a summons in Michigan, I received a summons and an affidavit. There is no court date. It is from an attorney (collection agent)---not from the original creditor. This is a credit card debt. Not paid on since at least 2003, Should I ask for debt validation in my answer and file with the court. The court is in Novi, Michigan and the return address on the envelope was from court officer in Macomb. I was served by regular mail at my mom's house. There is a certified letter but I did not pick it up.
The lawyer finally got me on the phone and she said the debt is 1039.00 and wants me to make payments but still says she is going to get a judgement. The summons says the debt is 929.00 and it has only been 10days since I got the summons. Can the debt go up this much? What should I do next??

JudyKayTee · Jul 22, 2008, 02:52 PM

Originally Posted by cjohnso1

how do I respond to a summons in Michigan, I received a summons and an affidavit. There is no court date. It is from an attorney (collection agent)---not from the original creditor. This is a credit card debt. not paid on since at least 2003, Should I ask for debt validation in my answer and file with the court. The court is in Novi, Michigan and the return address on the envelope was from court officer in Macomb. I was served by regular mail at my mom's house. There is a certified letter but I did not pick it up.
The lawyer finally got me on the phone and she said the debt is 1039.00 and wants me to make payments but still says she is going to get a judgement. The summons says the debt is 929.00 and it has only been 10days since I got the summons. Can the debt go up this much? What should I do next????

Do you owe the debt? The statute in Michigan is is 6 years on a credit card and that is 6 years since the last activity on the account - a payment, use of the charge card.

And interest is running and I don't know if Court costs were added before now.

And it's not uncommon for the creditor to get a Judgment in order to guarantee they will be paid and then make payment arrangements with you. That way if you default they already have a Judgment.

If you refuse the certified letter you will be personally served. Or your mother will on your behalf.

cjohnso1 · Jul 23, 2008, 05:42 AM

I owe the debt and I am an adult, so will they still serve my mother??

JudyKayTee · Jul 23, 2008, 05:44 AM

Originally Posted by cjohnso1

I owe the debt and I am an adult, so will they still serve my mother???

If they can't find you and that's the address they have and she answers the door they can serve her as a responsible adult.

If they have your address they should serve you, either personally, nail and mail, substitute - your mother can refuse to accept it but depending on the process server he can drop it at her feet and attempt to claim legal service. It may or may not stand a challenge - but do you want to go through that?