TargSnow

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About TargSnow

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  1. Okay. Thanks! Thanks to everybody to helped me navigate my way through this lawsuit!
  2. So I went back and looked at the case info online. They dismissed without prejudice. Well it says it was in the end of February but it wasn't there before yesterday. What do I do with the JAMS case? I'm thinking I should still serve Midland and let the case close due to nonpayment. That way if they try to sue me again, I can bring up the fact that we've been there before and they didn't do what they were supposed to. Or should I just let it die? Edit: Can I get this converted to a dismissal with prejudice? I've seen something about this in other states but nothing in Georgia yet.
  3. Filed the motion. Still no court date. I asked the clerk when I will get another court date since the 60 day mark has passed. She said I'll get another court date whenever the judge decides?? I didn't how much time I should ask JAMS to give me to get confirmation since Cobb is holding out on a court date.
  4. I'm working on my Motion for Sanctions but can't seem to find anything in the Civil Procedure Code of Georgia or Uniform Rules of the Magistrate Court. Still no update on the next court date. Hopefully they can give me a date tomorrow. Edit: (Just found this thanks to your comment on a Minnesota post): (2) Sanctions by court in which action is pending. If a party or an officer, director, or managing agent of a party or a person designated under paragraph (6) of subsection (b) of Code Section 9-11-30 or subsection (a) of Code Section 9-11-31 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subsection (a) of this Code section or Code Section 9-11-35, the court in which the action is pending may make such orders in regard to the failure as are just and, among others, the following: (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence; (C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; (D) In lieu of any of the foregoing orders, or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination; or (E) Where a party has failed to comply with an order under subsection (a) of Code Section 9-11-35 requiring him to produce another for examination, such orders as are listed in subparagraphs (A), (B), and (C) of this paragraph, unless the party failing to comply shows that he is unable to produce such person for examination. Also, in my motion for sanctions should I attach a copy of the letter from G&C refusing service?
  5. The next court date hasn't been updated yet
  6. I haven't had a chance to head to the court house due to work but I should be able to go there on Friday. Jams just emailed my a copy of the letter from Midland and stated that I need to submit a response by next week. I'm not sure what I can say besides this is their client.
  7. Just got a letter from G&C saying "Our office has not received authorization to represent midland in this requested arbitration, nor are we authorized to receive notice of service of process as to any arbitration documents on behalf of Midland in this matter." I only mailed the JAMS packet to G&C because I thought in lawsuits you send everything regarding the case to the attorney said case. Should I have sent a copy to Midland? Is it too late to do so?
  8. I recently got my paperwork from JAMS. They emailed it, but they also mailed copies to me and G&C. They're requiring them to pay all of the filing fees, per the credit card agreement. Do I need to file a copy of this letter in CC Magistrate? Cobb hasn't sent out a new court date yet, though the 60 day mark is in ~3 weeks.
  9. I'm filling out the JAMS form right now. I'm not sure what to put for Nature of Dispute. I don't know that they committed any FDCPA violations.
  10. Geez that was stressful. Thanks to everyone my motion was granted! The lawyer tried to lie in the hallway. She said that the agreement doesn't apply to her client because the agreement was between me and Synchrony. I told her that they're claiming to have purchased the account so that means they've stepped in Synchrony's place. Its funny how her tone changed from sweet and caring when offering a payment plan to flat and short once I pulled out my MTC. She didn't bring that argument to the judge, but instead went with "The defendant waived her right to arbitration when she answered without filing the motion." The judge gave her time to provide the case law she claimed to have. Luckily I overheard her tell the clerk(who might've been her friend) that she was going with "the SunTrust case" because they never showed me these files. I had a chance to google it and write down some points before the judge called us back up. However, I didn't have to say anything about the SunTrust case being irrelevant to mine because the judge made all of those points for me. The judge did say something that confused me a bit. She said, "We are not dismissing the case. We don't dismiss these cases. We'll stay the case for 60 days. You'll be responsible for starting the JAMS proceedings and of course if that doesn't go anywhere we'll let the case play out in court." So this clearly means if I don't follow the required steps, I'll lose my case. But if nothing happens in JAMS due to non-payment by Midland, will the judge dismiss the case(with prejudice??) I don't mind paying the $250 filing fee. The judge was reaaaalllly hesitant about granting the motion so I don't want to do anything to jeopardize this. (sorry for the novel haha)
  11. She mentioned something about Yates and the judge allowed her to have her office email the case law in. I have no clue what to say when she reads the case to the judge.
  12. Help. The attorney just told the judge that I would’ve had to file my mtc before the court date. And the judge allowed a break for the attorney to provide case law stating such. What can I do?
  13. Okay so I have a really dumb question. On the MTC I found, it says, "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Amazon.com if it relates to your account, except as noted below.” On the credit card agreement they sent it says, "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or v if it relates to your account, except as noted below.” Its just the letter v... Should I assume that's a typo in the agreement? And should I change the MTC to match the typo even though it probably should say Amazon.com?