zzz123

Members
  • Content Count

    6
  • Joined

  • Last visited

Community Reputation

0 Neutral

About zzz123

  • Rank
    Newbie

Profile Fields

  • Location
    Georgia
  1. Thanks NorminGA! I actually tried using some of your verbiage in the web portal response, but the site had character count limits. I filed the denial of their 3 claims and used the headers for counter claims of FDCPA and FBPA in the web page. I plan on filing and sending the long form versions via printed out. I am still amazed by the way this process works, and that someone who is judgement proof like my mom or your dad still is responsible to fend off this crap that could be completely fictitious....
  2. Thanks all for the very valuable assistance here! Clydesmom - I have no intent to represent my mom, just to offer her assistance and guidance on answering the claim and when/where/how she needs to be:) Thank you also for the info on the laws requiring banks to validate garnishable income - I had no idea but have seen horror stories in my research about this sort of thing.... FHC - the calls were not recorded(other than time date) but 2 of them were actually to her cell phone, which I have access to. I think it's worth filing the counter knowing the claims might be difficult to prove, but that we may never need to prove them. It seems our best chance(since all of this defies logic and common sense anyway) is to create the most resistance possible to discourage the opposition from pursuing this. it's only 3k, I mean really.... I've learned a lot in the last few weeks, this stuff amazes me, and the fact that it's this easy for jdb's to go after people and get judgements is unbelievable....
  3. Thanks, i read the other response too, not sure how i got 2 threads:) We do not have a copy of the contract, which is unsettling. I would assume either they don't have it or we won't get it until the court time. I did research earlier to see if this could be used to dismiss due to a procedural violation, but looks like our state is friendly to JDBs this way.... I do have a few written records of calls to her and a relative over the last year(since the time LVNV says they took ownership) where there were FDCPA violations - 2 criminal threats, 2 after 9 PM, all 3 misrepresentations of identity/intent, 2 made after a verbal request to not call(although there was no written cease and desist). I asked her to ask for information(which of course beyond the SPringleaf part wasn't provided) and record thee times and dates of phone calls in case we reached this point. The good thing is the magistrate has an online "file an answer" so we can do that. I was reading NorminGA's threads too, and appreciate all the input here. WIll we have 30 days to amend, or do I need to file the counterclaim with the answer? i have time to get it all together if it's better to send everything at once? Thank you
  4. Thanks, I was aware of this but have read quite a few horror stories regarding who's responsibility it is to not allow the garnishment. I would rather defeat this if possible once and for all than fight it between the court and bank after the fact.
  5. Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now. She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc... Suit is in Magistrate Court of Coweta County, GA Thanks, WH in GA 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser of Springleaf Financial Services Inc. 2. What is the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA 3. How much are you being sued for? 2971.95 4. Who is the original creditor? Springleaf Financial Services Inc. 5. How do you know you are being sued? Served by process server 6. How were you served? 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 my mother is aware of 9. What state and county do you live in? Georgia, Coweta 10. When is the last time you paid on this account? ~2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site 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? no 15. How long do you have to respond to the suit? 3/4/2015 We need to know what the "charges" are. Please post what they are claiming: 1. Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”. 2. Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward. 3. Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.
  6. Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now. She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc... Thanks, WH in GA 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser of Springleaf Financial Services Inc. 2. What is the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA 3. How much are you being sued for? 2971.95 4. Who is the original creditor? Springleaf Financial Services Inc. 5. How do you know you are being sued? Served by process server 6. How were you served? 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 my mother is aware of 9. What state and county do you live in? Georgia, Coweta 10. When is the last time you paid on this account? ~2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site 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? no 15. How long do you have to respond to the suit? 3/4/2015 We need to know what the "charges" are. Please post what they are claiming: 1. Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”. 2. Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward. 3. Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.