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  1. @Harry Seaward Essentially, I spoke with the attorneys that @fisthardcheese suggested and the case is just open and sitting. They were not able to serve me as I do not live at the address provided and there has been no movement on the case. So, I believe it is pending.
  2. @fisthardcheese It looks like the case is just sitting there open and the last correspondence was the affidavit of non-service. What would be next steps?
  3. Even though they have already issued an affidavit of non service ? Please go ahead and send the recommendations my way. So you do not recommend filing a motion to dismiss being that I’m currently working overseas.
  4. I looked up the case and it looks like an affidavit of non service was entered. Will the case close automatically? Not really sure how it works in Georgia. Further, can I file the motion myself or do I have to obtain a lawyer ?
  5. 1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC 2. What is the name of the law firm? Stenger & Stenger, P.C. 3. How much are you being sued for? $5357.30 plus court costs 4. Who is the original creditor? Web Bank as serviced by Avant, LLC 5. How do you know you are being sued? I received an advertisement by a law office indicating I was being sued. 6. How were you served? I have not been served, but I am currently working overseas and am not in the US. 7. Was the service legal as required by your state? n/a, I have not been served. I believe Georgia can serve by local paper, but again I am currently overseas. Can a letter be submitted to the court regarding jurisdiction if I no longer reside in the state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? I live overseas currently but previously Atlanta, GA - Fulton County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2016 or 2017. This is a personal loan. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? Complaint has been filed by plaintiff. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 days once served but I no longer reside at the address they have. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I looked up the case on the magistrate site and it appears they submitted past due statements from Avant but I am not sure as I did not pay for the document to see the added pages.
  6. @fisthardcheese Should I just e-file the affidavit or is it important to hold it until day of mediation ?
  7. @fisthardcheese Last payment was made 9/11/2017 and charged off April 25,2018. Would something like this suffice ?
  8. Also, if PRA was calling on their behalf would it be the same? I could highlight those? @fisthardcheese
  9. Update- The document they e-filed is Plaintiff’s trial affidavit which they have a litigation support rep on behalf of capital one attesting to the business records etc. I have access to the records but Im having trouble pinpointing and most of the calls may have came in as unavailable or leading zeros. So, I will probably have to go the affidavit route. Can you help with wording based on my answer previous uploaded ? Also, they have submitted a trial affidavit for a capital one employee attesting it’s my account etc and provided the same statements showing past due and the general customer agreement. Also, another question, during mediation do I ever admit anything or do I just say nothing and push my point for counterclaim ? @fisthardcheese
  10. @fisthardcheese got it. The account defaulted in 2017 and charged off in 2018. Not sure I’ll be able to get records to go back that far as sprint claims they don’t keep records more than a certain amount of time but I will search.
  11. What kind of affidavit ? Apologies this will be the first time I’ve had to deal with the courts. Sprint has changed their system and they can only go back so far and can’t seem to find a capital one number on my account. I guess at least not the customer service number so I don’t know. I’m assuming it would be a different number. Would I bring the affidavit with me to mediation or submit (efile) it to the court. I appreciate your help. @fisthardcheese