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  1. BV80, Clydesmom and Kraftykrab, Your time is appreciated! Thanks for the heads up on MTC arb. Yes, thats all plaintiff lawyer does slap lawsuits, get default then garnish. No doubt this is not good............... Pro Se is the only option, most of us don't want to lose on default thats for sure! One more question The judge denied Plaintiff MSJ since there are triable issues, Bench Trail/ Evidentiary Hearing is scheduled, lets say she agrees with Plaintiff will the judgement be entered that same day and the can garnish wages the next? Is it to late to enter a Motion to Dismiss and have it heard on the first court date?
  2. For some unpaid wages. Sorry, trying my best to give facts. It is a lot. Called a few attorneys in GA , said it would be to expensive to litigate since answer response in oppositions were already filed.
  3. Yes Plaintiff claims aunt entered into courts jurisdiction and incurred debt to Plaintiff. That never happened. They failed to pay some hourly wages the company is in NC also. There wasn't any settlement. Nothing ever went to court. There was no agreement with GA Lawyer for lawsuit or court action. Had contact by email and telephone. No live signature of limited negotiation Contingency Fee Agreement. GA lawyer did call and asked if aunt would settled for aprx $45K the answer was NO, followed by aunt sending email to GA attorney that the answer was NO to verbal offer of $45k. GA attorney never sent anything to confirm. GA attorney told Company that aunt turned down GA verbal offer. Company told GA attorney they declined the offer and not interested in further communication. GA attorney withheld this information from aunt. Later company made regular direct deposit. larger amount. GA claims they have a copy of some of pay stub exhibit * regular direct deposit. Is that considered a settlement? GA attorney email said aunt had rights to file lawsuit and that they would need to enter into a legal contract for lawsuit, please inform them how and when she wants to proceed. Over the phone they said they would need a $25k retainer and aunt said NO over the phone. They never sent a Offer Agreement, Settlement Agreement, Bill, statement or that legal contract for lawsuit. They never sent a contract for a lawsuit or any inform them how she wanted to proceed and the verbal offer
  4. GA attorney did not represent any legal court claims. The GA lawyer DID NOT SEND ANY DOCUMENTS to NC and NO LIVE SIGNATURE . Did not enter into Atlanta GA to incur any debt with them. No settlement was made between any party at anytime. That would be different.
  5. Clydesmom, No, the former employer did not settle directly. There was not settlement accepted, no offer accepted, there was no knowledge of their actions! Attorneys and others can be very deceiving to regular folks and thats what happened.
  6. Clydesmom, Do you know if Fulton County Court house has any legal service available to the public?
  7. Clydesmom, Correct, I am trying to help this person .... by no means a lawyer. The GA lawyer DID NOT SEND ANY DOCUMENTS to NC. NO LIVE SIGNATURE . No attorney state bar license, Nothing shows where the are licensed to practice. Very deceiving. Did not enter into Atlanta GA to incur any debt with them. No Offer was accepted, No settlement was made between any party. That would be different. Not seeking legal advice here. Expressing a situation. So MTC ARB is out. Searching for a post of anyone here sharing their experience in Bench Trail/ Evidentiary hearing. Considering others Motion
  8. My aunt in North Carolina has not received anything by mail from these people in Georgia!
  9. Continued below; On January 1 Defendants former XXXX sent (email) Plaintiff a copy of "paper check" showing that Defendant former XXXX had tendered the gross amount of XXXX to Defendant directly in NC, representing unpaid money owed for trash. Attached hereto is exhibit ** as a true copy and correct copy of the "paper check" showing the amount received by Defendant from her former XXXX. 1. Isn't this hearsay. My aunt never recieved this Original "paper". My aunt and her former XXXX are in NC, what if her former XXXX gave my aunts husband cash in NC. 2. Plaintiff filed MSJ both plaintiff and his attorney said my aunt agreed to pay the Attorney in GA "Installment Payment Agreement" 3. Plaintiff has repeatedly told the defendant to pay her account. Dear members honestly THIS IS SUCH A LIE! We opposed their MSJ told the judge this was fraudulent and made in bad faith and plaintiff is attempting fraud upon the court hit every detail to show willful misconduct! 4. The judge did enter Standing Order five days after plaintiff filed complaint. Plaintiff ignored it Rule 6.4 and ignored my answer went straight for MSJ. We pointed out Plaintiff outrageous behavior. How can this attorney from GA claim my aunt owes him money?
  10. The attorney never represented me in any court matter. The attorney never sent anything by mail to NC to be signed. NO LIVE SIGNATURE. I'm in NC, my former xxxx is in NC. Attorney not licensed in NC, NO recovery of payment received on my behalf as mentioned below. Plaintiff (attorney) complaint. Affidavit of Plaintiff; 1. He fails to mention Contingency Fee Agreement. 2. Typical My name is Joe Blow, I am the owner & president of Plaintiff. I am also the custodian of records of Plaintiff. My testimony is based upon personal knowledge and my review of business records of Plaintiff and this testimony can be substantiated by the business records of Plaintiff. 3. Attached exhibit * is a true and correct copy of the Engagement Agreement executed by defendant. Defendant retained Plaintiff to represent her in pursuing a claim against her former XXXX for unpaid money, and agreed to pay Plaintiff 40% of the gross amount of any tender or recovery of payment received on Defendants behalf.
  11. Clydesmom, Members questions & thoughts are appreciated to help sort through this Fabricated Lawsuit. Everything they have filed is Deceiving .. I agree it does not make any sense! They file a lawsuit on junk and hope to win on Default. 1. Already booked plane tickets. My Aunt will be in that court room to the Bench Trail/ Evidentiary Hearing. 2. Plaintiff " Law Offices of Joe Blow, P.C." never mailed my aunt Contingency Fee Agreement. NO LIVE SIGNATURE. 3. Answer filed denied all, AD was improper venue, lack of personal jurisdiction, improper service of process. 4. Months after complaint was filed ,Plaintiff Lawyer E filed affidavit of service that had Wrong Case Number then filed his affidavit that Service was Pefrect with the wrong case number. "SUB" in e-file title like Fulton county is the substitute court, as if there was a lawsuit filed in my hometown. We opposed in response to MSJ the Process of Service filed by plaintiff attorney and his fraudulent information in his affidavit 5. Plaintiff attorney mailed a 2nd Summons & Complaint to locate sheriff and mailed back to him Service was made 183 days from date complaint was filed. 6. Judge set date for bench trail , 3 days later Plaintiff attorney filed affidavit stating that "Sheriff Entry of Service" has been made and filed with fulton county court 183days later and did not send my Aunt Certificate of Service for his E-file. NO local sheriff did not fill out Sheriff Entry of Service ( Fulton County form) and did not file it with the court! Just a affidavit mailed to plaintiff attorney stating correct case number from Fulton county and date served. 7. Do you think process of service is Perfect?
  12. I understand. My case was with my old boss. The are in North Carolina and where I work sometimes they send out to Florida South Carolina , Tennessee and Georgia for 2 months. Our issues are here in NC and he was advising in the wrong direction like telling to go see your doctor tell him to put you on disability! I said for what I can't do that I young strong and healthy. The company made a lower ball offer. I turned it down and it wasn't present formally. they never told me that they were licensed to practice law in my state. So my company blew her off and said they weren't interested in settling. the Lawyer never to us that or other information, As it turns out If you live in NC only a lawyer advice or you legal rights. These bad laywers can't to that if your problems is with here in State Im going to sleep to thank you for your thoughts
  13. The Judge denied their Motion for Summary Judgement because we opposed their MSJ and said there are triable issues. Plaintiff and attorney are lying in there MSJ he said his client holds a contract and my Aunt agreed to Installment Payments Crazy and not true! He claim that service was perfect, he nuts the local sheriff can her farm and get her the summons. That attorney mailed to our sheriff department the summon with the Fulton County Sheriff Entery Service Form she told the lawyer she couldn't fill his out, and used a Generic one then that lawyer gave her a bogus case numbert to fill in sign and she mailed it back him. I opposed the service back it makes look like they also filed a lawsuit here against us.
  14. So glad you chimed in! No live signature period. Really! No contract to even file a lawsuit, no recovery, no verdict nothing! They are not licensed to practice in NC where my aunt lives. In fact she was not in Georgia, she had hip surgery and was recovering, impossible for them to claim she went to Georgia.
  15. Judge denied Plaintiff MSJ and set set bench trail/ evidentiary hearing Would you file MTC to Arbitrate and get it out of state court? Not served in Georgia and not by second original. Doesn't make since that someone has to fly from out of state so they don't get the default judgement of $25K It's my understanding one can request Fee Arbitration (private) and attorney is required to do so if requested. Contingency Fee is not set by law or and contingency fee alone is not sufficient to collect fees. Appreciate your thoughts and any help! All the info here and reading for months stopped their MSJ.