dosoco

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About dosoco

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  1. Hi everyone, I'm attempting to help my best friend with his JDB lawsuit, specifically with drafting an answer to the plaintiff's complaint in the event he can't find an attorney to help him. We would really appreciate any advice you can offer. 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.) Greene & Cooper, LLP 3. How much are you being sued for? $2,200 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Served by Sheriff 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? None; received a letter once from Greene & Cooper attempting to collect debt 9. What state and county do you live in? Clarke County, Georgia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2009, maybe early 2010 11. What is the SOL on the debt? Six Years 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). Sheriff Entry of Service 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 1) By 2/21, this upcoming Friday 2) Complaint on a Contract ​Comes the plaintiff, by counsel, and for its cause of action against states as follows: ​1. The defendant is a resident of Clarke County, Georgia, and is therefore subject to the jurisdiction of this Honorable Court. ​2. Midland Funding LLC purchased this account. The original credit grantor is FIA Card Services, N.A. The original account number is *********************. 3. The Defendant is indebted to the Plaintiff in the principal amount of $2,200. WHEREFORE, Plaintiff respectfully defends Judgment as follows: 1. For the sum of $2,200 as principal; 2. Costs expended herein; and 3. Any and all other relief to the which the Plaintiff may appear entitled. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Three pages of a four-page statement dated December-January, 2011, detailing name, account number, interest charged, and balance total that matches the amount listed in the complaint. I also had a couple of questions I was hoping someone could help with. Greene & Cooper filed with the Superior Court of Clarke County. Are the rules for filing an answer in Superior Court different from Magistrate Court? How does this affect, or does it affect, what should be included in the answer, chances of winning, etc? Is the sample letter found at http://www.creditinfocenter.com/legal/ive-been-sued.shtmla suitable template? I've found really informative forum posts on filing an answer in a Georgia magistrate court but not many on superior courts. He'll be filing the answer in person at the courthouse and mailing it to the plaintiff. Does the plaintiff need to receive it within the 30 day time frame or can it just be postmarked by the due date? If he writes up and files the answer himself, will he he have a hard time finding a lawyer to take on his case? Are there any free or sliding scale legal resources in Georgia for unemployed individuals that can help with consumer debt cases? Addressing each allegation seems simple enough thanks to this forum, but I'm not sure how to determine which affirmative defenses, if any, are suitable for his case. Should he even include affirmative defenses in his answer letter? Thanks in advance for all your help! The forum and its posters have been invaluable resources.