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Showing content with the highest reputation on 06/11/2019 in all areas

  1. 1 point
    Woohoo!!! @Brotherskeeper- you are up for sainthood, or some kind of special award!! I can't thank you enough. Your help and assistance was paramount in this outcome. Thank you times infinity!
  2. 1 point
    I hope that I'm not doing the happy dance for nothing.... I showed up at court an hour early. Sat in my car and read the forums here until 30 minutes before my court time. Walked in, figured out where I was supposed to be and went and sat in the empty courtroom. I was working on paperwork for my job and a man approached me and asked if I was BitsyM. I replied "yes". He asked if we could speak in one of the meeting rooms. He told me that he was not the Plaintiff, but the Plaintiff had sent them on their behalf. He had a settlement to "dismiss with prejudice". No money. No future litigation. Just "dismissal with prejudice". I knew that was ultimately what I desired, second choice was arbitration. 10 minutes later, it was signed by the judge and I was on my way. Hopefully, I wasn't mixed up about what I wanted. Attached is what I signed. Please confirm that my happy dance can ensue.
  3. 1 point
    Great work! And thank you for wanting to join the military and serve your country. I wish you well.
  4. 1 point
    Start by reading this pinned thread by clicking on the link below. There is a template for the motion to compel arbitration in it that posters modify to include their specifics.
  5. 1 point
    @BV80 @jmay I ignore any "small claims exceptions" in the agreements. They are all ambiguous plus this is magistrate with rent-a-lawyers on the other side who don't read the agreements anyway. Here are recent GA Magistrate cases with a Citi agreement where pushing arb resulted in a win:
  6. 1 point
    A Motion to Compel Private Arbitratoin would look something like this: MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted this day ________________, 2014 (Your name typed), Defendant, pro se
  7. 1 point
    As @BV80 said the SOL in GA is 6 years. They are well within it to sue. You should fight this. Gwinnett is run by actual lawyers and Judges who do not take kindly to spurious documentation to pursue a debt case. Magistrate Court does not allow discovery so you do not need to worry about that. Simply check off on the form you deny their allegation and wish to defend then get it to the clerk. The court will set a trial in the next 30 days. Type up a motion to compel arbitration and a motion to dismiss with prejudice. I would even mail a copy of the MTC arbitration to the lawyers listed and a letter CMRR stating that you are electing arbitration per the terms of the agreement that governs the account in question. That may cause them to fold before trial. On the day of trial the Magistrate will send you to the hallway to negotiate with the rent-a-lawyer that gets the case. Your only move is to steadfastly refuse to discuss any payment or admit to ANYTHING. You simply keep stating that you want arbitration per the terms of the card agreement the Plaintiff alleges applies to the account in question or a dismissal if they don't wish to arbitrate. If they haven't dismissed prior to the trial date they most likely will at that point or shortly after.
  8. 1 point
    @HockeyFan like @debtzapper mentioned earlier, read up on some recent threads like this @NormInGeorgia one to get up to speed on the evidence rule changes. http://www.creditinfocenter.com/community/topic/319863-i-got-destroyed-by-the-new-georgia-evidence-rules-did-anyone-else/ http://www.creditinfocenter.com/community/topic/324372-how-i-lost-against-midland-funding-in-georgia-and-then-won/ I'd study the GA evidence rules. If their affidavit is not describing any specific records reviewed, that would be a flaw in it. Does it meet 803 6 and 902 11/12? http://ga.elaws.us/law/24 Not being from Georgia or familiar with debt cases there, I'm not seeing what the big shocker is exactly with the rule change from a few years back. The business records exception pretty much matches many other states evidence rules from what I can see. I guess one change is integrated records admission but I'm not seeing how a JDB could meet all of these, especially item 3- The basic requirements for the admission of integrated records are 1) a business relationship between the business that initially made the record and the one who received it, 2) the recipient business routinely relies upon the accuracy of the record andintegrates it into its own files, 3) the recipient business has a witness who is sufficiently familiar with how the originating business routinely prepares the record to lay foundation under the business record exception, and 4) circumstances support the trustworthiness of the record.
  9. 1 point
    @HockeyFan some helpful atty written blog posts here if you haven't ran across them yet. http://georgiacreditlawsuits.com/about-the-georgia-credit-lawsuits-blog/magistrate-court-trial-guide-contested-hearings-credit-card-lawsuits/ http://georgiacreditlawsuits.com/the-burden-of-proof-in-a-georgia-credit-card-lawsuit/
  10. 1 point
    You may find the info here to be useful. This is dated before the new GA Rules of Evidence change. Still, it should give you some guidance. This is from a post by ASTMedic: Jill Sheridan fought and won a similar credit card law suit in Gwinnet, Georgia against Midland Funding. She has posted tons of documents she used for her win on the following link: http://www.scribd.co...winnett-Georgia Yours being a Georgia case, and virtually the same lawsuit, these templates should be extremely helpful for case law, procedures, and how to generate the correct forms and responses. You can also do a Google search for, Midland Funding vs Jill Sheridan and obtain more specific information from various other links.