Midland Suit in Georgia

[jam_xjm]

HI I am being sued my Midland in Georgia.
I filed my answer with the court in person. It was a one page form they have available, it didn't have any space to do anything but select one of the following:

1. Defendant denies that he is indebted to the plaintiff in any amount whatsoever
or
2. Defendant denies that he is indebted to the plaintiff in the amount stated.


I have a mediation hearing scheduled for Feb 29th. and if mediation does not resolve the issue a Trail Date is set for March 14.

What can I do prior to mediation? What do I need to bring with me I am not sure what to expect. From what I have read people have already made request prior to mediation. Everything is happening really quickly.


The original Statement of Claim I received just said the claim amount and had attached the same paperwork I see they send others.

1. the form with account info that they printed that says "Data printed by Midland Credit Management..."
2. Assignment and Bill of Sale
3. Closing Statement
4. Account Schedule

Any advice would be greatly appreciated.

[BV80]

Is this in Magistrate Court?

If mediation in GA courts are anything like mediation in my state courts, it will merely be to try to settle the case out of court. The mediator might ask if you want to settle, if the 2 of you can come to an agreement...something along those lines. He/She might even put you in separate rooms and relay messages to each other.

It appears Midland has provided no evidence they own the account. Does the bill of sale reference your name or account number? If they can't prove they own the account, they haven't proven you owe them a penny. I wouldn't say any of that in mediation, if it were me. I wouldn't want to let them know what I know.

[jam_xjm]

Yes it is Magistrate Court.
No the Bill of Sale has none of that information on it. It talks about the sale of accounts to Midland from the original creditor. "Seller hereby sells, assigns, and transfer to Purchaser, its successors and assigns, all of Seller's rights, title and interest in and to each and everyone of the Accounts described in Account Schedule attached hereto, and contained within the Sale File described in such Account Schedule."

And the Account Schedule has no information about me on it. In the sections were they would have account, balance it is blank.

[BV80]

Originally Posted by jam_xjm

Yes it is Magistrate Court.
No the Bill of Sale has none of that information on it. It talks about the sale of accounts to Midland from the original creditor. "Seller hereby sells, assigns, and transfer to Purchaser, its successors and assigns, all of Seller's rights, title and interest in and to each and everyone of the Accounts described in Account Schedule attached hereto, and contained within the Sale File described in such Account Schedule."

And the Account Schedule has no information about me on it. In the sections were they would have account, balance it is blank.

You can't request discovery in Magistrate Court without permission from the judge. Midland's probably given you everything they have, but you never know. That's why I stated that I wouldn't let them know that I know that they need to prove ownership of the account.

Unless the account schedule has some kind of identifying feature from the OC, it could be a document that Midland created themselves. It proves nothing. Keep researching here on the boards. I'm not sure what will take place in your mediation hearing, but if you choose not to settle, a hearing date will be scheduled. Research will help you prepare for that hearing.

[legaleagle]

If you want to trap them, study up on Midland, bad affidavits, and bills of sale that have no names on them. When you go to the hearing, simply tell the mediator you deny owing Midland any money and that you demand a trial. That's all you have to say. No settlements, no talks, no nothing. Trial. Period. Then when you get one, you make them sorry they sued you.

[tigger]

[Methuss]

Originally Posted by legaleagle

If you want to trap them, study up on Midland, bad affidavits, and bills of sale that have no names on them. When you go to the hearing, simply tell the mediator you deny owing Midland any money and that you demand a trial. That's all you have to say. No settlements, no talks, no nothing. Trial. Period. Then when you get one, you make them sorry they sued you.

I'm not really sure how you come by this methodology but in all honesty this will probably get you a pissed off judge rather than a win. It is hardly sound advice.

Not every locale allows for a Trial in small claims. Judges have a lot of leeway at this level to simply arbitrate the issue from the bench, on the spot, and issue a ruling.

While Midland typically doesn't know their butt-crack from navel lint, you will not have an easy go of it if you come in to a judge's court as a pro-se all haughty and telling him what the court rules are.

Handle the issue diplomatically. Deny you owe it if you really don't. Raise any defenses you may have such as statute of limitations. And for goodness sake, DON'T LIE or be evasive. If you do and get caught the judge is going to hammer you like a thumb-tack with a baby sledge. Likewise if Midland gets caught doing this, you will walk out with a dismissal and likely a good case to settle on FDCPA claims later.

[legaleagle]

I didn't realize this was small claims. In that case, asking for a trial probably won't fly. Nobody should preach to a judge, of course, and I would not encourage anybody to do that. Studying is paramount though, make sure you know what issues you want to attack and have the information at hand.

[MustangGrrL027]

Georgia has magistrate court which is basically the same thing as small claims court. In these JDB cases, there are rarely trials. Its the debt collection lawyers speaking with the defendants who show up one on one and if they cant get them to sign consent judgments, they dismiss without prejudice and re-file in state court hoping the defendant screws up procedurally and loses.

I know everyone wants their day in court but honestly I think youll piss a judge off if you insist on a trial that night. Im sure theyd let you have one but I dont think it would be to your advantage if the opposing side will be dismissing anyway.

[MustangGrrL027]

What ever happened in this case?

[jam_xjm]

Hi just an update
I had the mediation and we did not reach a settlement. Went to the court date Midland didn't show and it was dismissed without prejudice.

[BV80]

Congratulations!

[Coltfan1972]

Originally Posted by jam_xjm

Hi just an update
I had the mediation and we did not reach a settlement. Went to the court date Midland didn't show and it was dismissed without prejudice.

Wow, now that is a shocker. Midland tucking tail and running when they actually have to present a case with actual evidence and not just threats.

[MustangGrrL027]

Sounds about right...not showing up to mediation because mediation involves a more difficult challenged where they may have to work for their money. It makes much more business sense to keep the lawyers in the court house getting those default judgments where people dont put up a fight.

Nonetheless, congratulations! I wish more people knew that sometimes just showing up is literally all it takes!