Clydesmom

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Clydesmom last won the day on February 27

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About Clydesmom

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  1. No, it would not eliminate a counter suit. "Judgement proof" is the colloquial term but in reality what you are right now is collection proof. You are exempt from them levying your bank account. As long as you do not co-mingle other funds and only keep no more than 2 months SSDI in the account. That does NOT mean you might now come in to money down the road or need credit. While some creditors will close out accounts and stop collection for those on disability there are some who do not care and will sue and get a judgment anyway. Engaging in credit repair often leads creditors to conclud
  2. If you are in GA the SOL for suit on credit cards is 6 years. Be certain of when that DOFD is to calculate the SOL expiring. DO NOT app for a mortgage at all until you deal with this. Settling is about leverage and if they know you are after a mortgage they know you have to deal with this and you lose your leverage. Send a written settlement offer. I would put a letter together stating that after the covid issues over the past year you are finally in a place to settle this and would like to make an offer of $xxxx amount to settle the account in full. Put all the terms you w
  3. NOT in GA. Until you have participated in court there I suggest you keep your opinions to yourself. You have ZERO knowledge of how Magistrate Court runs in GA. This comment says more about your lack of character and self esteem than anything you believe it says about me. Grow up.
  4. The statute of limitation for a lawsuit for debt collection in OK is 5 years. I would not try credit repair with CHASE because they could counter sue for the deficiency balance. Wait out the 5 years post repossession to be safe. I would look in to settling the medical collections given your fragile medical situation. You may need those providers again and you don't want to be denied care because of owing a balance. It is legal for a provider to refuse to continue care with an outstanding balance. If you did not have medical insurance for some or all of them it is possible to send a good
  5. My opinion: DO NOT do this. You need to research if they are required to state that in the complaint under OR law. As for the contract: the courts in every state know there is NO CONTRACT in a credit card case. MOST courts do not require that supporting evidence be attached to the compliant. That you must participate in discovery to get. They sued you on breach of contract. The card terms and conditions combined with your use of the card/account and payment form the contract. You breached when you defaulted. The court will likely deny your motion and give them the opportunity to simpl
  6. Then the first thing you need to do is start learning the rules of civil procedure for the court your case is filed in. Especially regarding discovery. Unlike Small Claims cases at your level follow ALL the rules. If you lose you want it to be on the merits not a technicality. The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other. Many courts limit how much you can ask for. Some as few as 10. You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now.
  7. The primary reason to bypass Magistrate Court in GA is not clogged courts. Magistrate moves VERY fast. Once you answer they set a trial date within 30 days. The biggest reason they go to State Court is because Magistrate Court does not allow motions in advance or discovery. It is trial by ambush. Another reason is Magistrate Court is very informal and does give a pro-se a decent chance to defend. State Court follows ALL the rules of civil procedure and they can easily over whelm an unprepared consumer.
  8. You are correct. Cap1 removed arbitration as an option over a decade ago. You will have to defend the suit as a MTC is not an option. See if the court has a pre-printed answer form option.
  9. That is because you have to follow the court rules for discovery. You do not demand production of documents or answers in your response to the suit. The response is an admittance or denial of the allegations in the suit as they filed it. THEN you do discovery where you do requests for admissions, interrogatories and production of documents.
  10. You aren't wrong. Typically in the rural GA Magistrate Courts it is a good ole boy network of elected Judges. Many don't have legal experience but are buddies with the lawyers. If you will feel better speaking what you want to then you should. Just write out what you plan to say. LISTEN to the Judge and watch their body language. If they are annoyed with you then you need to STOP TALKING. It is NEVER a good idea to piss off a judge. What I am referring to is some Defendants get so wrapped up in saying what they want they don't realize the Judge is actually helping them and had they sto
  11. It would be allowed but only to a certain point. If it gets off point, rambles or takes too much time the Judge will cut you off. That is not something I would introduce at trial but that is me. If it makes you feel better you can do that. The single most important thing is to LISTEN to what the Judge and the Plaintiff are saying. There are situations where the Judge doesn't like the attorney or the creditor and helps the consumer out. You do NOT want to give away a win by interrupting with statements that tie the Judges hands into deciding for the other side. The problem
  12. Unfortunately due to covidiocy the chances you can hang out in court and observe are slim to none. That used to be the best way to see how the court handles similar cases. Given this situation I would rehearse planned arguments having a good friend or family member play the Devil's Advocate including tough questions to be prepared for most possible scenarios. That should help with the nerves that comes with a court situation. It moves up to State Court and is done completely over. Magistrate Court is out of the picture on an appeal to trial de novo. Settlement talks are not
  13. BAD idea. You know NOTHING about the law firms or courts in GA and really should not be advising about counter claims or threatening Plaintiff's counsel. I have won TWO cases in GA Magistrate Court and lived in that state for 17 years. YOU did. Not even close to what I said. Talk about reading comprehension problems. SIGH. Go back and READ all the OP's statements where they said they felt their best option was to settle. THAT is why the discussion turned in that direction. TO the OP: follow this poster's advice at your own risk. They have never been in Mag
  14. You have to call the law firm since LVNV is represented by counsel now.