mmatt93

I've been talking to them and they agreed on a lesser amount but are wanting me to sign a consent judgement with a date thats already passed? Are they trying to screw me?

So I'm slightly confused. First of all I'm being sued in Forsyth County Georgia. It is owned by Calvary SPV who bought it from citibank. Mandarich law firm is suing me. If i don't dispute it and pay the debt in full what happens? Do they drop the suit? Do I still need to file an answer?

If I try to compel arbitration and they catch the small claims cutout. Could I argue that the clause was only intended for citi? Perhaps based on another judges ruling like this? https://www.law.com/njlawjournal/2020/02/28/debt-collector-cant-piggyback-on-citibanks-arbitration-agreement-judge-rules/?slreturn=20200714115139

I dont have a lump sum for them unfortunately. I could make payments but thats about it.

I just want to get out of this the cheapest way possible for me. Ive considered calling the attorney and seeing if they will settle with me now. I'm really have no idea what I'm doing, do you have anything I can read that explains their new business law and what is considered sufficient evidence? Im trying to find a weakness in my case. Maybe you know a lawyer in the area that does a free consultation to look at my case just to tell me my options? I appreciate the help but I really dont want to just fold to these kinds of peoples.

A. It appears to be a citi statement. B. Yes a bill of sale and Assignment. The actual bill of sale and Assignment doesn't mention my name, account number, or costco fresh flow. It refers the reader to an 'exhibit a'. On another page it shows 'exhibit a' which has the Costco fresh flow sale ID number. This page also has no mention of my name or account number. A third stand alone page that literally could've been typed up by anyone has all my account information and address on it and says 'exhibit b'.

So there's basically not much I can do? If I can't get arbitration I just lose? Someone else said maybe if I lose i could file an appeal for a higher court and file MTC there? Would that be an option?

My argument was to just deny that they own the debt and that the amount is incorrect. Based on what they sent me I dont really see how it proves much of anything. But im here asking for advice so you tell me? They have to prove its my debt and that they actually own it. Isn't that how it works? Yes magistrate court and Forsyth County.

Hello everyone, I am being sued by Midland Funding in Georgia and they are being represented by Aldridge, Pite, Haan, llp. I would like to defend myself against this case and hopefully get it dismissed. I was served on August 11th and know I need to file an Answer within 30 days. Any help or advice people can offer is greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc as assignee of CITIBANK, N.A 2. What is the name of the law firm handling the suit? ALDRIDGE,PITE, HAAN LLP 3. How much are you being sued for? 4036 4. Who is the original creditor? CITIBANK, Costco citi visa cc. 5. How do you know you are being sued? (You were served, right?) Served by local sheriffs office 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? One letter from mail maybe 6 months prior. 9. What state and county do you live in? Georgia 10. When is the last time you paid on this account? Approx 2.5 years 11. What is the SOL on the debt? 6 Years 12. What is the status of your case? Suit served? Motions filed? Served by deputy sheriff, no action taken or contact with lawyer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes last year 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days. Served on the 8/11/2020 16. What evidence did they send with the summons? A. Top page of a statement showing the amount owed with my name and address.. B. Bill of Sale And Assignment between citi and mom. C. Costco Fresh Flow Transfer document showing SALE ID. a second page that lists my name, address and amount. Amount on page shows 4100, being sued for 4036?