Credit Card & Debt Collection Lawsuit Defense in Michigan

When you hire our firm, we pull your file out of their automated conveyor belt and attack the exact procedural vulnerabilities debt buyers try to hide:

Most credit card agreements (Citi, Chase, Capital One, Synchrony, Credit One) contain a binding arbitration clause governed by the Federal Arbitration Act (FAA). When we file a Motion to Compel Arbitration, the debt buyer is required to advance $1,500 to $3,000+ in non-reimbursable consumer filing fees to litigate in AAA or JAMS. Rather than paying thousands to arbitrate a small debt, debt buyers frequently dismiss the lawsuit entirely.

To sue you, a third-party debt buyer like LVNV must prove an unbroken chain of assignments from the original credit card bank down to them. They routinely attach generic Master Purchase Agreements while omitting the specific Bill of Sale or Account Schedule showing your specific account was included. Without that proof, they lack legal standing.

Under Michigan Court Rules, if a suit is based on a written contract, the plaintiff must attach the contract. Debt buyers routinely attach a single final statement or a generic TILA pricing sheet. We hit them with motions to strike or dismiss for failing to produce the actual governing Cardmember Agreement.

Firms like Stenger & Stenger love to sue on an "Account Stated" and attach a self-generated Affidavit of Debt. Under Michigan law, their affidavit is deemed true unless you file a sworn, notarized Defendant's Counter-Affidavit denying the account balance. We file this immediately to strip away their prima facie evidence and force them to prove every dollar from scratch.

If the collection agency or law firm sued past Michigan’s 6-year statute of limitations (MCL § 600.5807), attempted to collect unauthorized fees, or contacted you after a bankruptcy discharge, they violated the Fair Debt Collection Practices Act (FDCPA) and Michigan Regulation of Collection Practices Act (RCPA). When they break the law, we sue them, and they have to pay your attorney’s fees.

1. Do Not Miss the 21-Day Deadline: The worst thing you can do is wait. A default judgment is significantly harder and more expensive to undo than fighting the case today.
2. Gather Your Summons & Letters: Keep the original Summons, Complaint, all collection letters, and any voicemails or text messages you received.
3. Get Your Free Summons Audit: Upload your summons below or call our office immediately. We will review the plaintiff, verify your answer deadline, and map out your best defense strategy.

If a credit card lawsuit is just one piece of a larger mountain of debt, defending a single court case might not solve the whole problem. As a full-service Michigan bankruptcy law firm, we offer a complete financial safety net:

If fighting the lawsuit isn't enough, we can evaluate whether a Chapter 7 or Chapter 13 Bankruptcy is the right move to instantly freeze all lawsuits, stop active wage garnishments immediately, and wipe out all your unsecured debt permanently.

Law Office of Doug Dern

Serving Clients Across Metro Detroit & All Michigan District Courts

Call / Text: (248) 882-0838

Office Location: 1050 S. Milford Rd. #204, Highland MI 48357

Direct Email: Dougdern@gmail.com