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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26683
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am involved in a lawsuit regarding credit card debt. The

Resolved Question:

I am involved in a lawsuit regarding credit card debt. The credit card expired 10 2004. I live in the state of Michigan which has a 6 yea SOL. However the Plaintiff has a bill which only has late charges on it dated 2010. How do I addressed this since I know for a fact this credit card was not use after the expiration date?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

I've read your facts but I'm not sure what you are asking by "how do I address this". Can you rephrase the question?
Customer: replied 1 year ago.


I think the better question is, what define the statute of limitations and when is the debt time barred? In the state of Michigan it is six years.

Expert:  Dwayne B. replied 1 year ago.
You were correct in that the statute of limitations on credit card debt in Michigan is 6 years. That time is calculated from the date of default if no payment is made or the date the last payment is made.
Customer: replied 1 year ago.


Is the Plaintiff responsible for presenting all bills to the court? The Plaintiff presented one bill as evidence which only has late charges on it. The bill does not have any consumer charges for goods or services.

Expert:  Dwayne B. replied 1 year ago.
Not unless you force the issue. The Plaintiff can win just by saying "they owe us". However, what you should do is ask for everything in discovery and then pursue a Motion for Summary Judgment against them. There is also a pretty god, inexpensive e-book on fighting these types of cases at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/
Customer: replied 1 year ago.


My discovery is over and I did ask for everthing and the kitchen sink, and the time period the Judge gave for submitting all motions is up. The evidence the Plaintiff sent me was the one bill, an affidavit from the recordkeeper of the debt buyer, a bill of sale, which does not list the debt, and a printout sheet with the debt. The Plaintiff ask for summary disposition and I answered citing the MCL code for SOL along with other information and I asked the court to dismiss the case. Is this ok?

Expert:  Dwayne B. replied 1 year ago.
Motions to Dismiss aren't really the correct method of doing this, despite what you read on the internet. A MTD is usually used when, taken on their face, the pleadings don't support a case. In your case it is an evidence issue which would more properly be addressed by a Motion for Summary Judgment. I think you can argue they fail since there is nothing indicating that you owe the debt, since they didn't provide original paperwork, and you can also object that the affidavits are hearsay.
Dwayne B., Lawyer
Satisfied Customers: 26683
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Dwayne B. and 2 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for the information. You have been very helpful and I appreciate it so much

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