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sprewell8's Achievements


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  1. @NormInGeorgia The phone interaction was with who? The OC, JDB, or Stenger? -- Stenger Was this "mediation" during your court appearance? -- No, not during a court appearance. Stenger requested a mediation session. Did Stenger show proof that the OC had sold your account to the JDB? If so, who did they show it to? The judge? -- Yes. They showed it to me and the mediator.
  2. @CCRP626 My best answer to all your questions is that I am new to this. And after to doing some research, reading stuff on this website and talking to a lawyer friend... I figured it would be cheaper and easier to settle for a lesser amount and just pay it off. The debt was my debt. And I couldn't use statue of limitation. Next time (which is now) hopefully you can give me all the right answers.
  3. Hey guys, just following up to close out this thread. I denied association with the debt. Stenger & Stenger showed proof and requested that we meet with a mediator. After repeatedly denying the debt. The legal representative from Stenger & Stenger played a recording from my initial phone interaction about the debt, where I acknowledged ownership. So I was forced to settle for $800 on a $1200 debt... spread out over 4 payments. Thanks for all your help.
  4. @NormInGeorgia & @fisthardcheese MUCH thanks! I downloaded the "Answer" form from http://www.magistratefulton.org/smallclaims.php I am struggling on whether to choose option 2 or 3 based on what I have read here. (2) Defendant is not indebted to Plaintiff in any amount (3) Defendant is not indebted to the Plaintiff in the amount claimed, but is indebted in the amount of $ ________ Option 3 is more correct... even though I don't remember the exact amount, but it was way less than $1200. How do I remain as honest as possible? Also, I have a lawyer friend who is willing to call the JDB and advocate for me.
  5. @fisthardcheese Wow. That sounds amazing... but it went over my head. I need help with the terminology... AAA? JDB? JAMS? "use arbitration as my defense"? SO, you're saying not to pay anything... respond to the summons, claiming no ownership of the debt (at all)... go to court... not settle with a JDB... push for JAMS arbitration... use arbitration as my defense... and wait for them to back-off?
  6. @Happybluesky @Clydesmom 1. Yes, I will do that ASAP. I was served on Feb 20... and I know I have 30 days to respond, so I will respond ASAP. I'm make sure not to claim the debt. But how do I respond to this? "3. WHEREFORE, Plaintiff respectfully requests judgment against Defendant in the amounts alleged in paragraph 2 herein, plus costs of the court, plus interest on any judgment received, and for any further relief this court deems just and fair. 2. Cool. 3. I discovered it from searching my past emails. Best Buy sent me emails confirming my payments, and that was the most recent one.
  7. @NormInGeorgia I will attempt to scan everything this weekend. Thanks! I think I want to settle... any suggestions on how to move forward? @CCRP626 Thanks for the info.
  8. Thanks guys for all the advice. It's awesome that there are still good people in the world. @Happybluesky The last payment was made on Feb. 13, 2011. So if my math is correct, the SOL argument is not valid because I am still within 6 years. @BV80 Thanks for that bit of information. @Clydesmom Now that I have all this information, I think I just want to settle... what is the best way to negotiate the lowest payment? Are there any key words I should say? Also, how should I respond to the magistrate court? Should I admit that I own the debt?
  9. Thanks @Happybluesky I'm digesting and deciphering all that information. How do I find out the time for SOL? I'm in the state of Georgia... if it's just a google search, forgive my ignorance. The debt was first sold on August 2, 2011.
  10. Yes. The summons is from Magistrate court. I looked it up on Georgia's Fulton County Magistrate website.
  11. I think the last payment was September 2009... but I'm having trouble locating this information.
  12. Hey, I was summoned by Stenger & Stenger about 2 weeks ago. I spoke with a rep on the phone, and they offered a 80% settlement. I asked her to send me paperwork to review. What now? 1. Who is suing you? Capital Alliance Financial LLC represented by Stenger & Stenger, P.C. in Grand Rapids, MI 2. For how much? about $1200 + filing fees 3. Who is the original creditor? HSBC - Best Buy 4. How do you know you are being sued? Summons 5. How were you served? Hand delivered to me on Feb 20, 2016. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? A few letters... but I never responded. Last letter came on August 6, 2015 7. Where do you live? Georgia 8. When is the last time you paid on this account? Never 9. What is the status of your case (if anything has been opened)? I don't know. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 11. Did you request debt validation before the suit was filed? No. 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. Yes. 1. Defendant named resides in Fulton County... 2. Defendant is indebted to Plaintiff in the sums of $1,153.23.... 3. Wherefore, Plaintiff respectfully requests judgment against Defendant... 13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? Plaintiff's affidavit Account statement Recent bill Assignment and bill of sale 14. What is the SOL on the debt? ???
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