Chaya14

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About Chaya14

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  1. So I am working on the Mtc arbitration now, but i am kind of confused. Most of the other threads i have read have the motion notarized and sent to the lawyers, but ga doesnt do that before court so would i just do the first page showing the agreement and saying we wish to do this bc it is in the agreement and then give the lawyer and the judge a copy the day we go to court instead? I am working on searching the threads for a good letter but havent found a georgia one yet.
  2. Well we just got our court date in the mail... July 28th. So now i am googling and perusing this site to put together a good MTC arbitration. Wish me luck and hopefully I do a good job and can get this all kicked.
  3. No kidding... i learned that yesterday good god was she rude. Then she told my husband he wasnt allowed to speak to her bc it had nothing to do with him.. Thank you both for everything so far. So the current plan is to try convince the judge that we want to Motion to compel arbitration bc that is what is in the credit card terms and that there is no documentation proving they have the account in question or that the account in question was used by me right?
  4. Okay so we went and filed our answer today saying there wasnt any prrof sent blah blah deny deny. When i asked about filing a motion to compel arbitration they said magistrate courts dont do those ? So now i am really lost. We are also waiting for the court date in the mail now. Thanks so much for your help so far everyone
  5. Thanks so much this all helps tons. What is JAMS? I have looked it up but dont quite get it either.
  6. @fisthardcheese i posted a seperate thread (like a few others mentioned) with more information... can i get your opinion on it there too? I am apparently not so good at figuring all this out and almost need a walthrough. I looked through a few of your other posts and am hoping i have the jist of it. Deny everything, tell them i want arbitration, ask for more documents and proof and hope they dont have it?
  7. Okay so if i am reading all these posts right.. for now just go to the court and deny deny deny all over their paperwork right? Then file a MTC? Or arbitration? Sorry all these terms are new to me and it is still a bit overwhelming trying to figure everything out.
  8. Its attached after one of the statements. I took photos since it is a lot to type but for some reason i cant upload the photos... Best i can do is dropbox link.. theres 3 pages total: Page 1 Page 2 Page 3 Like i said they were included in the exhibit 2 which had the statement
  9. @NormInGeorgia thank you, I did what you posted! I am waay too new for this
  10. Okay lets try again... Here is the jist.. and questions are below! So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here. 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.) Cooling and Winter LLC 3. How much are you being sued for? $1039.82 plus interest, attorney fees, court costs and $98 4. Who is the original creditor? (if not the Plaintiff) Citibank NA 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Sherriff came to door in person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, they robocalled a few times that i recall, never left voicemails, i never recieved any letter or mail. 9. What state and county do you live in? GA, Bartow 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/5/14 11. What is the SOL on the debt? 6yrs 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). can't find anything online for Bartow, i will hopefully go up in person next week. So far just been served so have 30 days to answer. 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, didnt know it was coming 15. How long do you have to respond to the suit? 30 days from today We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no questionaiire. (2) defendant indebt in the amt of $1039.82 as principle. (3) def entered into cc agreement w original dreitor acct number ending in 1753 and recieved and use the cc at issue in this action. (4) def breached the cc agreement by failing to pay as agreed and left an outstanding balance of *1039.82. (5) all rights and title to def. cc were legally assigned to plaintiff in writing. (6) def is liable to plaiintiff for sum of $1039.82 principle plus court costs. (7) despite demand by plaintiff, def has failed to pay amt due on cc. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached 2 statements from best buy (neither showing new purchases. one was a feb 2015 the other july 2014.) and an affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finance Unit LLC and another bill of sale from CBNA (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a final page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Thanks for any help everyone!
  11. I did put it in that section... *edit* i will post it without the state laws section too thankyou!* " Legal Issues Is There a Lawyer in the House State Laws, Case Law, Sample Forms Midland Filed a claim on me in GA " Yes it is magistrate court. I can't find my original agreement but the copy they have attached which is on the end of a statement they attached.
  12. So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. They attached 2 statements from best buy (neither showing new purchases) and a affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finanace Unit LLC and another bill of sale from CBNA to (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a finaly page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here.