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Found 33 results

  1. My wife and I bought a campground membership (a 1/5000th undivided interest) back in 2000 for $5,000 in north Georgia. We signed a warranty deed and a UDI agreement. We paid for the UDI in full, but never received the warranty deed. As we lived in Atlanta at the time we thought we would use it often. Turns out we did not. We moved away to another state not long after and have not been back to the area now in 14 years. We paid yearly maintenance dues and taxes until they went up sharply (they are now over $850 a year) and they came up with a "levy fee" of $2,000 for each member for them to recoup being sued by the original landowner. We negotiated paying them $50 a month to avoid being put into collections. They now also charge a usage fee of $700 a year (even if you don't use it!) for those who didn't pay the "levy fee". None of these extra yearly fees were mentioned or referenced in the agreement we signed 14 years ago, or that they could randomly escalate fees (which are now $1,550 plus a year - they were $200 a year). So now they have said they won't take our $50 a month but want the whole maintenance fees and other fees due for the past 2 years. They put us into collections and put it on our credit (which until now we have had a very high credit score, and this dropped it by 100 points). We sent their collections a letter noting we have not used the campground in 14 years and have no intention of using, and dispute the validity of the letter they sent and to provide complete detailed documentation to support each fee noted in their letter. They sent a reply letter back noting fees for the previous 2 years but left out the $600 in payments that we had made (the $50 a month payment we had been making) and had a copy of the agreement pages we signed. There was a mention of covenants, but we have never seen anything of the sort. Meanwhile, we have read countless stories online of RVers who have memberships or who have stayed at the resort the past several years who have noted how drastically the campground has gone down - poor roads, loud parties, unmaintained weedy camp sites, closed pool, no staff around. The resort is in bankruptcy and down to less than 300 paying members. We have tried to sell this worthless membership several times and offered to even give our interest back to the campground, which they have declined and noted that we had to pay past due amounts and then pay them an inflated fee to sell it back to them! We just want out of this nightmare. When we paid for this campground we had no idea that they would try and bleed us for life! If one were able to get a list of members to contact from the county courthouse, a class action lawsuit could I'm sure easily be arranged. My questions are what are the statue of limitations in Ga. for this type of agreement? Are filing complaints with the BBB (which they have an F) and the Attorney General's office for Georgia and our state. What is our next steps other than to get a lawyer? Dispute this with the credit card companies?
  2. Georgia Code section 24-9-902(11) reads in part: "A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration;" The paragraph is referring to business records that are certified by affidavit in leiu of live testimony of the custodian of the record. My questions: How and when is this "written notice" typically given to the defendant? Is it after an answer is submitted to the complaint packet? How and when does the defendant typically get to "inspect" the evidence? If they don't follow this procedure, will it be possible to get any records not included in the summons packet to be thrown out, and have the case dismissed with prejudice? If it helps, the evidence that I am expecting/looking for is past credit card statements (which were not included in the complaint) and perhaps some print-outs of the "sale file" referenced in the bill(s) of sale from the complaint packet. Thank you!
  3. I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP. 3. How much are you being sued for? 1,500 4. Who is the original creditor? ( if not the Plaintiff) CitiFinancial 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 12 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Request for debt valitity but did not keep copies. Other than that none. 9. What state and county do you live in? GA, Cobb County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 11. What is the SOL on the debt? To find out: 6 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Statement of claim served Mar 12. I have not filed my answer yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, only with JDB. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes, but stupid me didn't keep proof.
  4. How I lost against Midland Funding in Georgia and then "won" ! Summary: Midland Funding (attorney: Hanna and Associates) sued for a credit card debt in State Court. Judge ruled in in favor of Midland Funding. We appealed to the GA Court of Appeals. Midland offered a settlement agreement and to vacate the original judgement in return for dropping the appeal. The appeal was dropped and the judgement was vacated. Attached are documents that we hope will be useful to the forum readers, especially from Georgia. 1. Transcript of the bench trial in State Court. If you have a trial in State Court, definitely let the court clerk know you want to have the trial transcribed. The opposing attorney might offer to pay half the cost when you get to court. You have to write a check to the court recorder when you get to the court room (our half was $20). We were so disappointed after losing the trial. But after that, we were determined to find all the mistakes that were made and use them for an appeal. We got blind-sided by the "new" 2013 rules of evidence in Georgia but did not let that stop us. It was obvious that something was just not "right" about the trial. The manipulation and twisting of the law by the Hanna attorney was blatant. He even gave his own testimony during trial which was not supported by evidence. Lawyers are not supposed to do that. And the kicker was the judge basically told us to appeal because he did not know if his ruling was correct or not. 2. The Appellant Brief for the GA Court of Appeals. In doing the research about appeals, there was a serious lack of good examples of Georgia Appellant briefs available on the internet. So we hope this will help people. ALWAYS READ the most up to date rules and procedures of the court if you file an appeal. The Court of Appeals has a good website and instructions. We cannot claim that our brief would have won the case, but it obviously contains something that forced the opposition to offer a settlement. These forums deserve some credit for how well it turned out. Maybe some folks can get useful ideas for your JDB cases from our appeal arguments. It is in Word format that we believe meets the requirements of the Court (at least in 2013) so anyone can take it and use it as their template if the format requirements have not changed. Again, always check the Court website. Bottom line: This whole ordeal was hard work and took up a huge amount of hours and caused a lot of stress. If we had to do it over again, the best solution would be to hire an attorney from the start to handle the whole thing. We also figured out it is better to handle a case like this when it is in Magistrate Court and NOT agree to let it be dismissed without prejudice, because the lawyers will just re-file it in State Court later. We won't make that mistake again! We have a lot of respect for Jill Sheridan who posted lots of unredacted court documents from her case on Scribd and was a great inspiration and example for us to figure out the details of what to do in the beginning. Thanks to ALL in the forums who contributed information and ideas for the appeal. Note that this case was in State Court, so our only option was the GA Court of Appeals. If you lose in a Magistrate Court in GA (which is where most JDB cases happen), you can just appeal to State Court or Superior Court and get a brand new de novo trial. We have also attached a Counterclaims document that was useful when we were sued by other JDBs in Magistrate Court. They dropped the cases like a hot potato. Remember, when you file an answer to JDB claims, you can also file counterclaims at the same time. Even if only slightly, it gives you more leverage. As always, we are not an attorney and this is not legal advise, it is just one personal experience so take it for what it's worth and do your own research or hire an attorney. Georgia State Court Bench Trial Transcript.pdf Appellant brief Georgia FOR FORUM .doc defendants counterclaims Georgia FOR FORUM .doc
  5. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.
  6. Hi everyone. I am preparing my appellant brief for the Georgia Court of Appeals in a case against Midland Funding. There were so many court and defense errors at the trial that I am 99% sure I will win the appeal. But I could use some extra eyes to review the brief since I have not done one before. It is due in two weeks. Has anyone on the forum created a brief for the Georgia Court of Appeals in the past that I could send this to privately to review? Thanks.
  7. I've read a whole lot of threads regarding the ANSWERING of a Junk Debt Buyers' AKA Plaintiff's Request for Admissions and Interrogatories. But where are some good suggestions for the Defendant's (aka me) Request for Admissions and Interrogatories? I am looking to send a pre-emptive strike against a JDB's Atty here in GA (they've filed suit against me despite repeated requests to validate debt and a previous attempt at filing suit against me (which was dismissed without prejudice) Ive already done the request for production of documents this week. I have NOT received the Request for Admissions and Interrogatories from the plaintiff atty but from what im reading in these forums, i probably will soon. So, I wanna beat them to the punch! Basically my objectives of these two things to is prove they had they have no legitimate proof to substantiate their claim against me and to continue to build my counterclaim against them for failing to validate and other FDC FCRA violations. Any resources? Im in Georgia btw
  8. This has been going on since April and they sent me a MSJ last week. I did some digging and came up with this. I am going to file a motion to dismiss too, not sure how to word it. I know this is LONG but please someone look over and help me make it LAWYERISH ....THANKS IN THE STATE COURT OF HOUSTON COUNTY STATE OF GEORGIA some company Assignee of First USA Bank, N.A. Plaintiff, vs. ME Defendant. DEFENDENTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGEMENT COMES NOW, ME, Defendant and responds some company Motion For Summary Judgement as follows According to Plaintiffs letter to Defendant Exhibit A the account was charged off on January 25th 2004. This statement does not show last payment made by defendant. According to the Cardmember Agreement paragraph titled Default/Collection Cost (Exhibit B pg 4 of 6) account is in default if “(1) in any month we do not receive your minimum monthly payment by the payment due date”. Plaintiff has failed to provide any evidence as to when account went into default, but yet continues to claim that last payment on account was dated May 5, 2003 (Exhibit C). Defendant has requested proof of this claim but Plaintiff has failed and refused to provide such proof. Defendant made payments for disability and unemployment protection services offered by First USA. Defendant requested these services take affect after being medically discharged from the Air Force. Her request was denied for both disability and unemployment. First USA is at default for denying services as agreed upon. Per Plaintiff's Affidavit in Support of Plaintiff's Motion for Summary Judgement paragraph 6, “On or about November 17, 1995, Defendant applied for a Visa credit card”. Defendant was a resident of the state of Florida during this time and continued to be until, or about, September 2003(see Exhibit D Florida DMV Record), said account was in default prior to then. According to Florida State Law the Statute of limitation is 5 years . Under the Federal Truth in Lending Act § 15 a credit card account is legally defined as an "open" account which is defined as credit extended by a business to a customer, charge account, credit account, charge account credit, open-end credit, revolving credit - a consumer credit line that can be used up to a certain limit or paid down at any time, revolving charge account - a charge account that does not have to be paid to zero balance. The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226). The Regulation has effect and force of federal law. Open-end Credit Transactions: Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts. Typical features: Creditors reasonably expect the consumer to make repeated transactions. Creditors may impose finance charges on the unpaid balance. As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer Federal Law supersedes State Law or a State Court's interpretation. OCGA § 7-5-2(4) and OCGA § 44-14-3(a) define a credit card as revolving, thus making it an open account. As indicated, the Federal Truth in Lending Act clearly defines credit cards as open end accounts and in the state of Georgia, that would be a four year statute. Georgia's statutes provide, OCGA § 11-2-725. Statute of limitations in contracts for sale (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. and § 9-3-25. All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11. Plaintiff's Affidavit in Support of Plaintiff's Motion for Summary Judgement paragraph 7 states that the terms and conditions of the contract are set forth in the current Credit Card Agreement (Exhibit B titled cardmember agreement). According to the Cardmember Agreement under paragraph titled Assignment (Exhibit B pg 5) “Governing Law: This agreement and your account will be governed by the Law of the State of Delaware and, as applicable by Federal Law.” This makes Plaintiff's claim moot for two reasons 1) claim was filed in the State of Georgia not Delaware and 2) 10 Del.C. § 8106. Actions subject to 3-year limitation provides that Statute of limitations in Delaware is three years for open accounts, written contracts and oral agreements. Conclusion Defendant disagrees that Plaintiff is entitled to a judgement as a matter of law and further states that O.C.G.A. § 9-11-56(e) provides that “nothing in this Code section shall be construed as denying to any party the right to trial by jury where there are substantial issues of fact to be determined.” Because the Defendant was not a Georgia resident and the account is governed by the State of Delaware, Defendant respectfully submits that the Court should dismiss, deny and find invalid the Plaintiff's complaint and Motion for Summary Judgement, and prays for Dismissal of the complaint by the Plaintiff.