MustangGrrL027

Members
  • Content Count

    148
  • Joined

  • Last visited

  • Days Won

    1

MustangGrrL027 last won the day on December 19 2010

MustangGrrL027 had the most liked content!

Community Reputation

20 Excellent

About MustangGrrL027

  • Rank
    Paralegal.

Profile Fields

  • Location
    GA

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. I really don't understand why arbitration is being pursued in cases like this. Anyone have a good argument for arbitration on an assigned credit card defense case?
  2. You might find the deposition of a Capital One agent to be of great interest if you want to learn Capital One's relationship with National Attorney Network, NCO, TSYS, and TrakAMERICA. See attached. Deposition-CapitalOne-NAPOLITANO.pdf
  3. There is no rule that all the evidence being presented in a case be attached to the complaint. I am assuming you received a notice that says something like, "...this is a notice pursuant to O.C.G.A. 24-8-803(6) of Plaintiff’s intent to introduce regularly held business records as admissible evidence using affidavit testimony complying with O.C.G.A. § 24-9-902(11)" There is no steadfast rule about when it comes to time period required that is "sufficiently in advance" as the statute says. I think the statute's intention is that you have time to review the affidavit and documents in advance of those documents being tendered into evidence but I have heard that some debt collector attorneys will literally hand you these documents on the day of trial. Unless you plan to depose witnesses or do some kind of discovery regarding these documents, I am not sure if the judge would buy the argument that you were not provided the documents sufficiently in advance. Like I said, the statute doesn't provide a specific timeframe on notice so I suppose it would be in the judge's discretion to grant a continuance if you can successfully argue that you are somehow prejudiced by the last minute production of the affidavit and business records. The new rules of evidence that went into effect in Georgia are modeled are the federal rules of evidence. These new rules of evidence make it much easier for debt collectors to offer "business records" (terms and conditions, credit card statements, etc) from original creditors and authenticate them via affidavit of their own company's "custodian of records." The purpose of this procedure is to get business records admitted into evidence over an objection of the documents being hearsay. Further, it relieves the debt collector from having to provide a live witness to authenticate the records. If you're in georgia, you should really consider attending one of the consumer debt collection clinics at the Decatur library. The volunteer lawyers there do a presentation on debt collection lawsuits and talk to participants one on one about their cases for free. Here's a link to the dates/times: http://www.atlantadebtdefense.com/debt-collection-consumer-education-clinic/
  4. The changing of the rules of evidence in Georgia makes it easier for a debt buyer to present an affidavit to authenticate business records without presenting a live witness. Basically, the new rules allow this affidavit authentication as they would do under the federal rules of evidence. The application of the new rules of evidence in Georgia proceedings isn't a huge game changer but it certainly makes it easier for debt buyers to try and bring in business records (terms and conditions, credit card statements, etc) from original creditors and get away with it if a pro se does not know how to raise proper objections. If you are a georgia resident, you may find it very useful to attend the free debt collection consumer clinic at the Decatur Library. Consumer lawyers volunteer and give a presentation on debt collection lawsuit defense and talk to participants one on one about their case for free. Here's a link to the dates and times for the clinic: http://www.atlantadebtdefense.com/debt-collection-consumer-education-clinic/ PS - Jill Sheridan's case was a re-filing of a case that was original dismissed without prejudice in Magistrate Court.
  5. Recent Court of Appeals decision overturning Midland class action lawsuit settlement gives new opportunity to Georgia consumers affected by Midland Funding's filing of false robo-signed affidavits in debt collection lawsuits. You've probably heard about the Midland Funding class action lawsuits regarding robo-signed affidavits used in lawsuits against consumers, right? Well, a Court of Appeals recently decided that the settlement with Midland and its parent company, Encore Capital, was unfair and overturned the approval of the class settlement. The proposed settlement would have basically let Midland/Encore off with a slap on the wrist and an insulting $20 to each class member affected by the false affidavits. To read the Sixth Circuit opinion overturning the approval of the settlement, go here http://caveatemptorblog.com/files/2013/02/13a0050p-061.pdf This recent decision gives those Georgians who were sued during the dates of March 2010 and March 2011 where one of those false affidavits was filed an opportunity to stand up to Midland Funding, Midland Credit Management, and Encore Capital. Before, the class action could have extinguished certain rights of Georgia consumers to pursue Midland for those false affidavits. So, what does this mean? It means act quick! You may be entitled to a remedy under federal and Georgia law against Midland Funding if you were affected by those affidavits within a time period where the statute of limitations has not run out for you to do so. The statute of limitations under the Fair Debt Collection Practices Act ("FDCPA") is only one year so you can see why it is imperative to act now. The FDCPA has a provision in it that allows a consumer to recover attorneys fees and costs from the debt collector if a violation is proven - this means consumer attorneys often take on these cases for little to no money upfront from the consumer. Midland will not change its practices until it is held accountable for its policy of lying to the court. You should also know, that even while these legal class action proceedings were ongoing, Midland did virtually nothing to change its practices. Its staff continued to fill out form affidavits with little done to verify the truth of its statements to obtain judgments against Georgia consumers. So, what should you do? Contact Georgia consumer attorney Daniel DeWoskin Phone: (404) 987-0026 Email: info@atlantatrial.com ASAP to discuss (for free) your legal options to hold Midland accountable for their actions. He is looking for people who've been sued by Midland Funding / Midland Credit Management between those dates and whose cases involved an affidavit filed by Midland Funding or Midland Credit Management. It does not matter if you lost your case to Midland Funding. You may be entitled to a remedy under federal and Georgia law.
  6. (Photo from atlantatrial.com ) FREE CONSUMER DEBT COLLECTION LAWSUIT EDUCATION CLINIC December 4 & 18, 2012 January 29 & 2013 February 12 & 26, 2013 March 12 & 26, 2013 April 9 & 23, 2013 5:30 - 7:00 PM DeKalb County Public Library (Decatur Branch) Ground Floor Meeting Rooms 215 Sycamore Street Decatur, Georgia 30030 404-370-8450 An opportunity to learn about debt collection lawsuits and speak with a volunteer attorney for FREE about the specifics of your debt collection case. The first part of the clinic is a presentation answering the most commonly asked questions about debt collection lawsuits. TAKE ADVANTAGE! WHEN DO YOU EVER FIND A LAWYER WILLING TO GIVE ADVICE FOR FREE!?!? Closest landmarks: Decatur Marta Station and DeKalb County Courthouse (both within walking distance). Description of the clinic on one of the volunteer attorneys, Daniel DeWoskin's website. View the Event on Decatur Library Website
  7. (Photo from atlantatrial.com ) FREE CONSUMER DEBT COLLECTION LAWSUIT EDUCATION CLINIC TUESDAY OCTOBER 23, 2012 5:30 - 7:00 PM DeKalb County Public Library (Decatur Branch) Ground Floor Meeting Rooms 215 Sycamore Street Decatur, Georgia 30030 404-370-8450 An opportunity to learn about debt collection lawsuits and speak with a volunteer attorney for FREE about the specifics of your debt collection case. TAKE ADVANTAGE! WHEN DO YOU EVER FIND A LAWYER WILLING TO GIVE ADVICE FOR FREE!?!? Closest landmarks: Decatur Marta Station and DeKalb County Courthouse (both within walking distance). Description of the clinic on one of the volunteer attorneys, Daniel DeWoskin's website. View the Event on Decatur Library Website
  8. Does anyone know who Stenger and Stenger (out of MI) sends as local counsel to make trial or motion appearances in metro Atlanta, Georgia cases? Individual lawyers or lawfirm names would be helpful. Thanks in advance!
  9. Unfortunately, it does not surprise me that you lost in Magistrate court. It happens all the time regardless of the fact that you may have had solid objections or the JDB had Luckily, Magistrate court is not a court of record, meaning you can appeal the case to state court. There are tight time limits on this, however. Go to http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2012-01%20notice%20of%20appeal.pdf for the appeals form. You can appeal to your state court or superior court which gives you access to utilizing discovery. You may have to pay costs into court, I am not sure, but I would certainly check into that. Would you mind PM'ing me what county youre in? Just curious.
  10. Sounds about right...not showing up to mediation because mediation involves a more difficult challenged where they may have to work for their money. It makes much more business sense to keep the lawyers in the court house getting those default judgments where people dont put up a fight. Nonetheless, congratulations! I wish more people knew that sometimes just showing up is literally all it takes!
  11. "authorized agent" doesnt necessarily mean employee. sounds like the MI judgment is garbage.
  12. First of all, how is your case going? While I am aware that more is better is some jurisdictions, I really don't think that is the case in Georgia. I spoke to a judge not too long ago who has been on the bench for several years now in state court in georgia. He told me that it is such a rare occasion that he ever sees any discovery whatsoever exchanged among the litigating parties unless there is some reason to file it with the court. I’m not sure that people understand that discovery requests and actual responses in Georgia are exchanged without involving the court other than filing a "Certificate of Service for Discovery" with the court. The only time original discovery is filed with the court in Georgia is in a few situations. For example, you might file original discovery requests along with a motion to compel or when asking the judge to rule on a certain evidentiary issue such as objections of privilege. One of the junk debt buyer’s reasons to file your responses to their discovery with the court is when you have screwed up and admitted necessary element(s) of their case and they are submitting those responses along with a motion for summary judgment. I guess what I am trying to say is, keep is short and simple, especially with Request for Admissions. Either Admit, Deny or Object and list grounds for objection. They want you to prove their case for them. As long as you answer the discovery on time and not give the plaintiff any ammo to use against you, its doubtful that anyone else will ever see your responses. However, be carefully not to be deceptive or vague in your responses as this could lead to them filing a motion to compel against you with the judge. But if you’ve sent discovery to them and they responded to you with 20 “reservations” and objections and don’t actually answer your questions either, its less likely they will try to compel answers out of your knowing you might fire back doing the same. Don’t assume something means what you think it means. If they are referring to the “contract” but none has been produced and is not defined in the requests, how can you respond to that with assuming you know what they are talking about? In addition, consider using this for your interrogatory response: “Defendant is still in the process of gathering evidence for trial and will supplement these responses if responsive to this request.”