NormInGeorgia

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NormInGeorgia last won the day on November 19 2017

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About NormInGeorgia

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  1. @pulpfiction0 I would tend to agree with the points made by @BackFromTheDebt If you are already certain Midlands will sue, just wait until they do.
  2. In other words, the Junk Debt Collectors have not yet paid off enough Kentucky politicians to change the state laws about 3rd party records. LOL !
  3. Congratulations!! File your motion with the court to "dismiss with prejudice" due to failure of the plaintiff to follow you into arbitration. Attach all your documentation from AAA showing that you initiated the arbitration and AAA closed the arbitration case due to plaintiff failing to participate. The court might schedule another hearing based on your motion. If they do, make sure to attend the hearing and take all your documentation.
  4. No, you should not email AAA and ask if Barclays paid their invoice. Just be concerned about being in court Monday to show all your proof that you are actively in arbitration with the plaintiff and ask the judge to dismiss the magistrate case.
  5. By the way, did you get an email from AAA stating that Barclays has actually PAID any of the fees they owe yet? Or did you just get an email where Barclays asked AAA to update their invoice? Have you received any notification from AAA that an arbitrator has actually been assigned to the case yet? This has NO effect on your October 8 trail date and has nothing to do with what happens on October 8. I am just curious about it.
  6. The purpose of your October 8 trial date is for you to take all your documentation (including all the emails) about the arbitration to the Judge to show that arbitration is taking place. We have told you this in a couple of posts previously. When you show this documentation to the Judge that this case is in arbitration, the Judge can either dismiss your case or continue it pending the outcome of arbitration. As far as I know, you don't have to file anything else, just show up at court and show the documented proof that you and Barclays are now in arbitration and ask the judge verbally to dismiss the cage in magistrate court because it is in arbitration and no longer under jurisdiction of the court.
  7. Keep any emails you exchange with AAA about this payment and any confirmation that payment is received by AAA so you can show it all to the Judge to prove you paid your part of the arbitration fees. When you prove you have done your part, the Judge will dismiss the court case at the next trial date or Barclays attorney might contact you to settle.
  8. @bc_123 what I did was find out the cost of filing a small claims case in my county. Let's say it's $60 just for example. That is the exact amount I sent to AAA and I sent AAA an email that quoted the exact language from the card member agreement where it states Barclays will pay all fees above that amount and that Barclays is responsible for the remaining $140. Then AAA added that amount to Barclays invoice instead of mine.
  9. Did AAA already send you and Barclays the invoice indicating the fees that are owed by Barclay? Did they actually assign an Arbitrator yet or has it not reached that point? Yes, you can email AAA to request a status update. Since you have the proof you initiated arbitration, take any emails or letters you have from AAA showing the case number and present it to the judge and the Barclays lawyer. The judge should dismiss the case immediately because the court no longer has jurisdiction when contractually binding arbitration is initiated per the cardholder agreement. The judge does not and should not care if Barclays has paid the fee yet. It's not important. The only important thing is for that court case to be dismissed by the judge because you initiated arbitration. If Barclays does not follow through on the Arbitration case, that's Barclay's problem and AAA would eventually close it for Barclay's failure to participate.
  10. Hi @bc_123 , I don't really understand where you are at in the process based on your post. You have Magistrate court tomorrow to show the judge that you did start the arbitration? If you have proof that you started it, then the judge should dismiss the case in magistrate court. I don't understand what deadline you are referring to or what demand Barclay was making.
  11. Because Georgia Magistrate judges have the power to do practically anything they wish for any reason they wish. Appeal of a Magistrate judgement is heard "de novo" in a higher court as if the original case never existed.
  12. @ahauntingpast0323 You have 30 days to file your appeal. You are appealing to the STATE COURT. The case will start over in the State court as if it had never happened at all in Magistrate court. CALL the Magistrate clerk immediately and tell them you need to appeal a Magistrate judgement. Ask them specifically how much is the appeal filing FEE and if you need to bring the appeal fee with you when you bring the appeal form or when the State Court creates the new case number. I think a NEW case in State Court costs $215 in my county but I have no idea if the same fee applies for appeals or how much the fee is in Habersham since it's a smaller county. Their website contains no information at all about it as far as I can see. Please let us know the cost. Attached is the generic form for filing the appeal of your case to your county's State Court. Fill in the blanks with "Habersham County" and all the other details from your original Magistrate case. You can hand-write all the fill-in the blanks. Do not fill in the DATE FILED, let the clerk do that or let the clerk tell you to. Fill in the Magistrate case number and the full name, address, and phone number for both the Plaintiff and Defendant sections. Check the boxes that say DEFENDANT is appealing to the STATE COURT. Check the box for CIVIL CASES and put in the date of the judgement. IGNORE THE ENTIRE PARAGRAPH ABOUT DISPOSESSORY CASES. Do not date and sign the document until you are standing in front of the Magistrate clerk. You will date/sign the bottom of the form twice. The second time is the CERTIFICATE OF SERVICE section. Have 3 copies of the form with you and take them to the Magistrate Court clerk. Sign and date all copies in front of the clerk. Give them to the clerk to be stamped. The clerk will keep one and you keep two. After it is stamped you MUST mail one of the copies to Cooling and Winters the same day, so have an envelepe addressed and stamped and ready to go. When you are there with the clerk, ask the clerk what happens next and how long it will take. I assume that the Magistrate Clerk notifies the State Court clerk and that the State Court creates a case number for it. I have never personally done a Magistrate Court to State Court appeal so I do not know the timing but the clerks at the Magistrate or the State court will be able to tell you what to expect next. After the State Court case number has been created, you should immediately file your Motion to Compel Arbitration with the State Court clerk. I would suggest posting a redacted version here again just to have some other eyes check it one more time before you file it with State Court. The State Court judge should grant your motion. If the plaintiff presented a card agreement with an Arbitration clause and you presented a valid MTC then the Magistrate judge had no legal basis for denying your motion. Private Arbitration Agreements are legally binding and are outside the jurisdiction of the court. When the State Court judge grants your motion, you need to immediately speak up and specifically ask the judge to refund the cost of filing the appeal. I don't know if there is a legal precedent for it but it's the right thing for the judge to do. mag-12-01-notice-of-appealR.pdf