I live in Michigan and got served a few weeks back. I'm being sued by an assignee of a credit card i had down south. My last payment was about 2 years ago. So far my plan of action is to fight it and make it "not worth their while".(I only owe $1500) My complaint and summons came with an affidavit stating 2 things and the complaint itself with 4:
1. The defendant herein is indebted upon open account or pursuant to contract
, and defendant accepted same. (Original Account Number: xxxxxxxxx)
2. Performance has been completed and defendant agreed to pay the account.
3. There is presently due and owing, over and above all legal counter claims, the sum of $1555.41.
4. Plaintiff request judgement for $1555.41, plus intrest, cost and attorney fees.
So, that's my story. My answer is due tomorrow and I cannot decide what to put for my affirmative defense
. I know alittle about the law but not enough. All I'm really trying to do is waste their time so it's not worth it for them. For a measly $1550 I figured it wouldnt be too hard. I've prepared a Request for production for later but I need help with answer in my complaint with intelligent, affirmative defense.