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JasonGA25 last won the day on April 12 2014

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  1. I had no other option.. I called the court twice and went down there once. The plantiff had to request the continuance... Which once my lawyer showed up they had requested anyway... In my opinion, it was worth the money to this lawyer so the JDB bottom feeders didn't get it. I have no problem standing my ground with these guys. As everyone else I would like to be over prepared than under. I know I should have documents ready to dismiss WITH prejudice... Any other recommendations? @NormInGeorgia thanks for your time. It's greatly appreciated.
  2. I didn't expect that... Decisions decisions
  3. @Clydesmom I'm ready for the next steps!!! I had to hire a lawyer to extend my court date because I was out of the country on business. He only charged me 150.00 and was worth it to me to avoid defaulting. My new date is August 26th. I asked the lawyer to give me a price for representation, I'm still confident I can take care of this my self but here's what he gave me: Your answer states that Midland is not the owner of the debt. Why do you believe that to be true? It also says the amount is wrong, is that based on statements from the credit card company? There are 4 possible outcomes here: 1) You prevail at court and owe 0% of the money demanded. 2) You do not prevail and owe 100% of the money owed. 3) You partially prevail at court and the judge awards a reasonable sum to them. 4) We negotiate and you owe some portion of the money owed. My ability to help really depends on your end goal. The statements in your answer would tend to lean towards outcome 3, where the judge asks them to prove the amount of the debt and he awards them only so much as they can prove. However, if their calculations can be supported, then the judge would likely award them that amount. The statements in your answer are not 'absolute' defenses. They are things that can be corrected within the same case (mathematical errors). Even the standing argument, if completely successful, would only have Midland return once they had proper standing, but they probably do have proper standing now. I am absolutely confident that I can negotiate a settlement on this account down to 50% or less of what they are asking, but I'm not sure that is a resolution that you are ok with since you would still be paying them some of the funds. I cannot be confident of a better outcome before the judge without more information about your dispute of the debt. I would be glad to do a further consultation over the phone or in person with you to learn more and see what options we may have. So, just let me know when a good time for you to meet or talk is this week and we'll go over it in detail. If you needed me to appear for you I would charge $350-$650 depending on what our approach is.
  4. All great advise... He laughed when I told him I was thinking of hiring a lawyer. "You can beat those guys all by yourself," then he suggested this website. I'm looking forward to going down and witnessing a few cases myself. I've seen how it's eased several people's anxiety.
  5. I've read so much on the internet my eyes are starting to cross; just having another set of eyes is extremely helpful. Thanks for your help. I have not. I checked out the website to locate a phone number, then got caught in the rabbit hole of click and read. I'll take another stab at it tomorrow. A friend of mine who’s a PI lawyer in SC suggested I call JDB's lawyer to tell them I was unemployed. It didn't sound right to me.
  6. Here's what I have so far: MAGISTRATE COURT OF Cobb COUNTY, GEORGIA Date Filed __April 11, 2014_________ Case No: ___BLAH BLAH_______ Plaintiff: Midland Funding LLC Successor in interest to CitiFinancial c/o Greene & Cooper, LLP 615 Colonial Park Drive Suite 104 Roswell Georgia 30075 vs ANSWER OF DEFENDANT(S) Defendant: Jerry JDB Slayer 123 They’re not going to win Anytime, US 12345 Defendant(s) request(s) trial at: [x] during normal business hours; [ ] 6:30 P.M. All conflicts between parties are set for 6:30 P.M. Attorney conflicts during day-time calendars are automatically reset to the 6:30 P.M. calendar on the same date. ANSWER / COUNTERCLAIM OF DEFENDANT(S) [ ] 1. I admit the claims of the Plaintiff. [ ] 2. I request a payment schedule. [X] 3. I deny the claim of Plaintiff(s) as follows: (Attach additional sheets as needed.) I deny the allegation to be indebted to the Plaintiff. Plaintiff is not the legal holder of the alleged debt and therefore, this action should be dismissed for lack of standing. I deny the allegation in paragraph 3 - This request calls for admission of matter defendant has denied and thus it is improper The complaint is conclusionary and fails to state a claim against which relief can be granted. Plaintiff complaint is not grounded in fact nor does he have legal title to the alleged claim. Plaintiff falsely represents the character, amount, and legal status of alleged debt. [ ] 4. I counterclaim against the Plaintiff(s) as follows: (You must include a brief statement giving reasonable notice of the basis for each claim contained in the counterclaim. Attach additional sheets as needed.) __________________________ being first duly sworn on oath says the facts set forth in the foregoing Answer (and/or Counterclaim) are true and correct. Sworn to and subscribed before me this _____ day of ___________________________, 20 ____. _______________________________________ [ ] Defendant [ ] Defendant’s Agent ____________________________________________ Deputy Clerk / Notary Public
  7. @Clydesmom - Here is a copy of the Statement of Claim. It's still really throwing me off not to have the numbers but I'll post what I've put to gether for an answer next. Any and all suggestions WELCOMED! MAGISTRATE COURT OF _Cobb__COUNTY, GEORGIA Date Filed ___Feb 07 2014_____________ Case No: ___BLAH BLAH BLAH____________ Midland Funding LLC Successor in interest to CitiFinancial c/o Greene & Cooper, LLP 615 Colonial Park Drive Suite 104 Plaintiff(s) Name, Address vs Jerry JDB Slayer 123 They’re not going to win Anytime, US 12345 Defendant(s) Name, Address STATEMENT OF CLAIM [ ] Suit on Note [ ] Suit on Account [ XX] Other /Contract Plaintiff(s) claims the Defendant(s) is indebted to the Plaintiff(s) as follows: Principal: $1,500.00 That said claim is in the amount of $1,500.00, plus pre-judgment interest at the rate of 7%, plus post – judgment interest at the statutory rate and all costs of this action. Midland Funding LLC purchased this account. The original credit grantor is CitiFinancial. The original account number is *********1234. _______ Illegible signature ______________________________ being duly sworn on oath says the foregoing is a just and true statement the amount owing by defendant(s) to plaintiff(s), exclusive of all set-offs and just grounds of defense. Sworn and subscribed before me this ________ day of _______________ 20______ (If Agent, Title or Capacity) Notary Public/Attesting Official Day Time Phone Number NOTICE AND SUMMONS TO: All Defendant(s) You are hereby notified that the above named Plaintiff(s) has/have made a claim and is requesting judgment against you in the sum shown by the foregoing statement. YOU ARE REQUIRED TO FILE or PRESENT AN ANSWER (answer forms can be obtained for the above listed web-site or clerk’s office) TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE OR CLERK. If you choose to file your answer orally, it MUST BE IN OPEN COURT IN PERSON and within the 30 day period. NO TELEPHONE ANSWERS ARE PERMITTED. The court will hold a hearing on this claim at the ______________________________________________________, at a time to be scheduled after your answer is filed. You may come to court with or without an attorney. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them to court at the time of your hearing. If you want witnesses or documents subpoenaed, see a staff person in the Clerk’s office for assistance. If you have a claim against the Plaintiff(s), you should notify the court by immediately filing a written answer and counterclaim. If you admit to the Plaintiff(s)’ claim but need additional time to pay, you must come to the hearing in person and tell the court your financial circumstances. Your answer must be RECEIVED by the clerk within 30 days of the date of service. If you are uncertain whether your answer will timely arrive by mail, file your answer in person at the clerk’s office during normal business hours. This ____________ day of ________________________, 20 ___ ___________________________________________________ Magistrate or Deputy Clerk of Court
  8. @elite1331 Thank you for pointing this out. It's already hard enought to make sure you are getting information that applies to your state let alone your county.
  9. @elite1331 Thanks, I figured it was a lost cause but definitely wanted to hear your thoughts.
  10. @Clydesmom Thank you so much! I'm going to start writing my answer and call the lawyer in the morning. What is your take on calling the JDB's lawyer and stating you are no longer employed? Couldn’t the law firm easily find out this is not true?
  11. @BV80 Thanks! I'm sure hoping she replys. I've already read several of her posts and used them to come up with dismissal forms etc.
  12. I'm sure that I am over thinking this but some direction from you pro's would be awesome!
  13. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP. 3. How much are you being sued for? 1,500 4. Who is the original creditor? ( if not the Plaintiff) CitiFinancial 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 12 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Request for debt valitity but did not keep copies. Other than that none. 9. What state and county do you live in? GA, Cobb County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Statement of claim served Mar 12. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, only with JDB. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes, but stupid me didn't keep proof.
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