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JohnJohn

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  1. @Clydesmomprovided the name of the firm that she has mentioned before. If you do talk to an attorney, don't automatically hire them. Most will provide a free consultation . They will listen to what you have to say about your case. Will probably ask a few questions. Then they will tell you what their recent experience with that creditor/law firm has been. They will tell you how much they would charge to take your case. A law firm may or may not pursue a motion to compel arbitration. They might suggest FDCPA counter-complaints to push for a mutual dismissal. They might have good recent history with this law firm on small settlements. I am not a lawyer, and am not associated with any lawyer. My suggestion to talk to a law firm was more based on my interpretation that you are nervous and confused about the process. It is possible that you could pay an attorney $500 and still have to pay the creditor $1,500. It is possible that you could argue for arbitration in court, lose and immediately after that have a $1,500 judgement entered against you. If you want to use the MTC, that is up to you and it can be effective. I would only suggest that if you are not comfortable with your knowledge of the CC agreement, the MTC process, and the strength/weakness of the JDB's evidence that you at least consult with an attorney. If you do continue pro se, study and be certain of the process and the evidence before saying anything or submitting anything in writing to the creditor or the court.
  2. You should probably consult with an attorney. Most will provide a consultation for free and then will tell you how much they would charge you. I believe @Clydesmom has one law firm in Georgia that she has recommended before. I think for less than $500 an attorney would be able to take care of this for you. (The consumer attorneys that I have talked to in Georgia work mainly off of a flat fee) Some of the things you planned to respond with are scary. @Clydesmom pointed out that you don't have to provide details in Georgia Magistrate court(to answer a summons), however, you don't want the JDB to have any evidence from you that you make any admissions. This is a hard no-no. NEVER admit that the JDB's documents are legitimate. I received a bill of sale and list of accounts that have different dates.(As in a bill of sale for list of accounts dated Jan 1 along with a list of accounts dated Feb 12th. Those bills of sale usually include statements about a contract that governs the sale, but they never include that contract and I haven't heard of a company that will release the contract. If you had a credit card, they can likely prove that you had the card, that you used the card, and that you stopped paying on the card. Your denials of those items likely won't hold up because they will be able to provide proof. Their documentation about their ownership of the debt is usually another matter. If you ADMIT that they now own the debt, they will have everything that they need. An attorney isn't going to guide you all the way thru acting pro-se in a free consultation, but they will let you know where you stand and what your chances are of a successful defense. As nervous and confused as you appear to be, if you have $300-500 to pay an attorney it will most likely be completely taken care of and will reduce your stress level greatly.
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