syctaz

Members
  • Content Count

    40
  • Joined

  • Last visited

Community Reputation

0 Neutral

About syctaz

  • Rank
    Advanced Member

Profile Fields

  • Location
    Georgia

Recent Profile Visitors

315 profile views
  1. Hello all again, Well I do now have a Magistrate Court date for this scheduled on 17 April against Lazega and Johanson (on behalf of Unifund CCR) after filing my Answer for their Complaint. Can you all please give me any recommendations to get ready for my Court date? Since filing my Answer, I have not heard anything from Lazega and Johanson except for a copy of an old credit card statement that they sent in the mail. But, I still have not seen any proof from them showing legal assignment of this debt to them. Anyone, please let me know how I should best prepare for my trial on 17 April. I
  2. @Clydesmom Thank you for the information. I will go ahead and answer the Complaint. Also, they are just sueing for about $1,000, which I think is not much, but I could be wrong. Can you please let me know the dismissal and appeal paperwork your referring to. Is this something I need to complete now, or do I wait to see if this goes past the Complaint? Thank you, Steve
  3. @SkippieB Would you know how to best answer the two Plaintiff's statement's in their Complaint: 1. Defendant "myself" resides and may be served at "my address" and is subject to the jurisdiction and venue of this court. 2. Defendant is indebted to Plaintiff in the sum of $XXX principal on an account/contract, as shown with particularity by the documentation attached hereto. Furthermore, Plaintiff is also entitled to recover interest at the rate provided for in the original contract or at the legal rate. Thank you, Steve
  4. @SkippieB Actually, the first time I heard from Unifund was when I was served with this Complaint. I never got any other correspondence from them in the mail. Thank you, Steve
  5. @Clydesmom This is in Decatur County, GA. Can you please let me know how I should best answer the 2 statements in their Complaint that I will turn in to the Court: 1. Defendant "myself" resides and may be served at "my address" and is subject to the jurisdiction and venue of this court. 2. Defendant is indebted to Plaintiff in the sum of $XXX principal on an account/contract, as shown with particularity by the documentation attached hereto. Furthermore, Plaintiff is also entitled to recover interest at the rate provided for in the original contract or at the legal rate. Also, can yo
  6. @BV80 Thank you so far with your help on this. There was no other documentation filed with the Complaint and I would like to proceed with the Motion to Dismiss for failure to state a claim upon which relief can be granted. Can you please help me on how I should draft this Dismissal? I've tried looking online and can't find any good examples. I want it to look very well when I file it and send a copy to the Plaintiff. Thank you for your help!! Steve
  7. @BV80 How do you think I should answer the 2 statement's in the Complaint with everything you've read on this so far? Thank you for the help.
  8. @BV80 Yes, according to the Complaint, it has Magistrate Court on it. Thank you.
  9. Hello everyone, Can I please get all your help to answer this Complaint the best possible way. Here is exactly what it states verbatim: COMPLAINT ON ACCOUNT/CONTRACT COMES NOW, UNIFUND CCR, LLC, as Assignee of Citibank, Na, Plaintiff in the above-styled action, and herewith brings this action against "myself", Defendant, for money owed on an account/contract, and respectively shows this Court as follows: 1. Defendant "myself" resides and may be served at "my address" and is subject to the jurisdiction and venue of this court. 2. Defendant is indebted to Plaintiff in the sum of $XXX p
  10. Hello Savior, Is there a specific format for an opposition letter, or do I pretty much copy the Plaintiff's judgment letter? Also, who do I give copies of my opposition to, and how many copies do I distribute? Thank you again for the help.
  11. Thank you all for all the inputs I've received thus far. It has all been great help. Now, what do you all think would be my best next step that I should proceed with since Midland filed for judgment. Please let me know what I should do right now. Thank you all again!!
  12. BTO429, The only affidavit I see that "could" be associated with the account statements is an "AFFIDAVIT OF ____ _____ IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. In this she states that she is a legal specialist and have access to pertinent account records for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of the plaintiff. She states that she is a competent person and makes these statements herein based upon personal knowledge of those accound records maintained on plaintiff's behalf. She states that she has reviewed all records and would competentl
  13. Thank you all so much for your inputs thus far, and to BTO429 for the detailed Defendant's Opposition. Debtinate, The following supporting documents were included with Plaintiff's Motion for Summary Judgment: - account statements - two different bill of sales, including two different affidavit of sale of account by original creditor and debt seller - certificate of conformity Again, thank you all for your help.
  14. Hello all, I would greatly appreciate all the help I can get with this. I'm not sure what to do from here on out with Midland Funding filing a Motion for Summary Judgment. The Plantiff's Motion for Summary Judgment includes the following: 1. Plaintiff's Theory of Recovery and Statement of Material Facts Upon Which It Asserts There is No Genuine Dispute. This basically states that I owe an amount from a credit card account. They also state some "Undisputed Facts". 2. Plaintiff's Brief in Support of Motion of Summary Judgment. This includes a "Statement of the Case" about a credit card a
  15. Hello all, Along with my earlier post about helping with my Answers that I need to provide to the Plaintiff, I would greatly appreciate if you all would help with my questions I'm providing to the Plaintiff in the way of Request for Admission of Facts, Request for Production of Documents and Notice to Produce to Plaintiff, and Defendant's First Interrogatories to Plaintiff. I would really appreciate all your feedback on my questions below. Thank you all in advance!! REQUEST FOR ADMISSION OF FACTS 1. Midland Funding LLC Assignee of Chase Bank USA, N.A. has no direct knowledge o