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Everything posted by DrowningCreek

  1. Judgment hasn't been rendered yet. I answered, court date is in a couple of months but according to what others here have posted I can't arbitrate because Magistrate is small claims. And even if I could appeal to get around it, I can't afford the bond. So....
  2. Thank you. I am reading in a lot of threads. It all seems pretty hopeless at this point.
  3. Well, that would be out because I am in this situation because I have no money. I could never cover a bond. Thank you.
  4. If I can't get the Magistrate court judge to go with Arbitration, would appealing and getting it moved to the upper court allow me to work around the small claims arbitration clause?
  5. What if they put the only evidence (the statements) that they plan to use in with the papers they served me with?
  6. Thank you so much! That is very helpful. I don't know what an MTC is but I will figure it out! One other question, what happens if they don't send me a letter or contact me about reviewing the evidence? The company that bought my debt never contacted me. They went straight to lawsuit. A person I talked to one the phone also told me that they couldn't talk to me. I am taking today to read through everything here and then I am going to try to talk to them again tomorrow.
  7. Thank you for your reply. This is filed in Magistrate court. I don't know if that changes anything. I am trying to read up on arbitration but I still do not have a grasp as to what it is or how to file for it.
  8. Thanks for replying. I didn't say it had to be signed I was just clearly stating what was in the evidence part of the lawsuit since that is one of the questions when you post.
  9. 1. Who is the named plaintiff in the suit? JHDPE Finance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group 3. How much are you being sued for? $7,000+ 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Served by Private process server 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I think so. She left it on the chair by my front door when I wouldn't open the door for her since she wasn't wearing a mask 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing. I never have heard of them. I haven't heard from Citibank in 4 years. 9. What state and county do you live in? Gwinnett, Georgia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Around September 2017 11. What is the SOL on the debt? To find out: 6 years 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). Suit served, I haven't answered yet 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no Neither debt is on my credit report. The old Citibank says it was closed in 2010 and it was paid off. No negative from them. And the JHDPE that bought the debt hasn't filed anything on my report. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no, I didn't know they had bought the debt. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have about 2 more weeks before the answering deadline is gone 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 3 exhibits... The bill of sale where they bought the debt, a credit card statement, and a cardmember agreement (but not a signed one, just an agreement) I don't know what to do from here. I am reading on arbitration but don't fully understand what it is. Will a debt buyer honor arbitration? I have tried to talk to them to see if there is an option for a settlement agreement before we go to court but I can't get anywhere on the phone. I just get put on hold and get a run around.
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