MustangGrrL027

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MustangGrrL027 last won the day on December 19 2010

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About MustangGrrL027

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    Paralegal.

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  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 advan
  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
  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 le
  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 a
  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). De
  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
  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 "Cert