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Through the kind and thoughtful help on this forum I was able to defeat a MSJ and I am now scheduled for a trial date in 2 weeks. I have to send in a Trial Brief outlining my case. Can anyone help with form or advice on content? I am being sued for approx. $5,000 CC balance. I am worried if I lose (which a court ordered mediator told me I would) that they will be able to garnish my wages? Can anyone help me on that subject? Should I ask for arbitration? I believe that the attorney who filed is really a JDB and does not represent the CC company like he claims. How can I prove this or bring it up in court? Do I have the right to a Jury trial? If so, how do I ask for one? Any advice would be greatly appreciated.
On Jan.2, 2013 Collection Agency XYZ called me about a debt they say I owe from a totaled car that owned back in 2003. This was the first I ever heard from them or the debt. I explained to them that my car was totaled and that my insurance company paid off the loan. They told me this was not true. I asked the collection agency to send me something in writing, as this was the first I heard about this debt. They refused and try to get me to set up payments. When I asked them for there mailing address they also refused to give it to me. I told them they were a fraud and abruptly hung up the phone on them. Once I got off the phone with them, I did some research on Google about XYZ. They are a junk debt buyer. I called the FTC and the Georgia Dept of Consumer affairs to file a formal complaint against them as i felt I was being harassed. About 3 weeks later, I received a letter from XYZ dated Jan. 13, which is 11 days after our first contact. In this letter they stated that I have the right to validate the debt in writing. I did send them a DV letter on Feb. 11 which they signed for Feb. 20. They haven't responded to my request, yet they continue to call me. I had two voice mails from them last week. I need some suggestions as to what to do now? I wanted to sue them for FDCPA violations, however, I was told by the small claims court here in Savannah GA that I have to file in the location where XYZ is located. They are located in another state at least 7 hours away. Please give me some feedback. Thanks Rjeffery1 =)