Sorry to hear that the judge has decided that in
his court he doesn't need to have acquired personal jurisdiction by a proper
service as required by the rules. You might be able to win that on appeal,
but the trouble is that even if you get the judgment set aside (as you should be
able to do) they will just serve you and you will then need a defense. I
can tell you it is a very difficult thing in a credit card case against the
original creditor, but you have a much better chance against an alleged
purchaser of the alleged debt.
One of the things I have seen lacking in almost all
cases concerning purchasers of defaulted debt is any proof they ever purchased
the rights to collect the alleged debt. An internally generated computer
printout or copies of your credit card bills are not evidence
they purchased the debt. They usually just claim they purchased it
and the defendant fails to object. Also, alleged copies of the credit card
bills without someone with personal knowledge to verify they are real and
correct should be objected to as hearsay and anything the attorney says
concerning anything he/she doesn't have personal knowledge of should be objected
to as hearsay. This includes things like them saying this is your account
or that Great Seneca purchased the debt, the attorney has no personal knowledge
that any of that is true.
Actually, it looks like the judge in your case
intends to deny your motion anyway, but you could always file an affidavitt
that says you don't believe this is your account and that you requested
proof several times that it was your account and they ignored your
requests. When the judge denies your motion you can appeal.
----- Original Message -----
Sent: Monday, May 01, 2006 5:25 PM
Subject: [tips_and_tricks] affidavit of
Could someone please explain to me in simple terms what a
Meritorious defense is?
I filed a motion for relief from judgement because i was not
served.And have 5 affidavits.
The judge said I need to file a affidavit of meritorious
defense and adjured it 2 weeks,,,I could not figure it out so I ammended the
motion and based it on Jurisdiction ,which the MCR state I dont need the
affidavit,,,the judge said I still need the affidavit,,LIKE HE SAID,,and
adjured it a week so I can write this ,,,this is where I am stuck?
What is it and whats it contain?
ANy help would be apprecitated
Ps I am in Michigan