NormInGeorgia

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NormInGeorgia last won the day on October 17

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About NormInGeorgia

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  1. @SkyStillSunny See attachment for example. This is EXAMPLE ONLY. EXAMPLE ONLY Georgia FDCPA Counterclaims.doc
  2. @SkyStillSunny I don't know if this will work and others should weigh in here to see if it is too much of a stretch, but I am wondering if you submit a counterclaim on the existing case that it would technically defeat condition #1 of the "ordinary claim" definition? If you counterclaim FDCPA violations (and hopefully some other violations) and demand remedies beyond monetary damages (such as credit report corrections/deletions) the case as a whole may fall outside the "ordinary claim" definition and be covered by arbitration. Again, I have absolutely no idea if that would work. Did the JDB send you the agreement verbiage either the first time around or this second time around, or is that just the one you found closest to the time of default?
  3. @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.
  4. 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 !
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. @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.
  11. 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.
  12. 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.
  13. 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.