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Found 5 results

  1. 1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC 2. What is the name of the law firm? Stenger & Stenger, P.C. 3. How much are you being sued for? $5357.30 plus court costs 4. Who is the original creditor? Web Bank as serviced by Avant, LLC 5. How do you know you are being sued? I received an advertisement by a law office indicating I was being sued. 6. How were you served? I have not been served, but I am currently working overseas and am not in the US. 7. Was the service legal as required by your state? n/a, I have not been served. I believe Georgia can serve by local paper, but again I am currently overseas. Can a letter be submitted to the court regarding jurisdiction if I no longer reside in the state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? I live overseas currently but previously Atlanta, GA - Fulton County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2016 or 2017. This is a personal loan. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? Complaint has been filed by plaintiff. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 days once served but I no longer reside at the address they have. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I looked up the case on the magistrate site and it appears they submitted past due statements from Avant but I am not sure as I did not pay for the document to see the added pages.
  2. Okay lets try again... Here is the jist.. and questions are below! So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here. 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.) Cooling and Winter LLC 3. How much are you being sued for? $1039.82 plus interest, attorney fees, court costs and $98 4. Who is the original creditor? (if not the Plaintiff) Citibank NA 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Sherriff came to door in person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none, they robocalled a few times that i recall, never left voicemails, i never recieved any letter or mail. 9. What state and county do you live in? GA, Bartow 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/5/14 11. What is the SOL on the debt? 6yrs 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). can't find anything online for Bartow, i will hopefully go up in person next week. So far just been served so have 30 days to answer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? no, didnt know it was coming 15. How long do you have to respond to the suit? 30 days from today We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no questionaiire. (2) defendant indebt in the amt of $1039.82 as principle. (3) def entered into cc agreement w original dreitor acct number ending in 1753 and recieved and use the cc at issue in this action. (4) def breached the cc agreement by failing to pay as agreed and left an outstanding balance of *1039.82. (5) all rights and title to def. cc were legally assigned to plaintiff in writing. (6) def is liable to plaiintiff for sum of $1039.82 principle plus court costs. (7) despite demand by plaintiff, def has failed to pay amt due on cc. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached 2 statements from best buy (neither showing new purchases. one was a feb 2015 the other july 2014.) and an affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finance Unit LLC and another bill of sale from CBNA (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a final page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Thanks for any help everyone!
  3. So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. They attached 2 statements from best buy (neither showing new purchases) and a affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finanace Unit LLC and another bill of sale from CBNA to (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a finaly page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here.
  4. Hi I was hopeing i could get some help on drafting an answer for this. My mom is being sued in margistrate court of fulton county by midland funding. She is retired and her only income is social security payments and a small retirment pension. She also has a car from 2004. I know social security is collection proof and Ive heard that georgia has protection for assets up to 5,000. Is this true? 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? 1,743 4. Who is the original creditor? ( if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home on March 14 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? None 9. What state and county do you live in? GA, Fulton 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 14. 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?) No 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. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 Days 1. Defendant resides in fulton county and is subject to the jurisdiction of this court 2. Defendent is indebted to plaintiff in the sums of 1,743, principal and 84.00 costs to date as follows. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale Closing statement Field data page Affidavit of emily persons from midland credit management
  5. I have read up on the forum, plus other advised reading, and it appears my next step now that I have answered the claim is to try and knock out the evidence. With affadavits, I have read that I am supposed to try to have them deemed inadmissable and that I should try to summon the affiants as witnesses. I have done quite a few searches to try and find the paperwork for this and also to find all the rules for the magistrate court, but I am not having much luck. I get the same measly results for the same forms that are not needed, over and over. However, I have run across some prior court cases (not neccessarily w JDB), that give me pause on the whole ordeal, as it appears that the chances of my actually getting anything other than a judgement against me are slim to nil. I am worried that the informality of the magistrate court will actually be a hindrance in my case,especially if I get too "formal". For example, When I turned in my answer (general denial on their weird form), the clerk said she was going to send it to the plaintiff (not for me to do). What everyone else has descibed in these forums as the normal procedures... well, that seems to NOT be the case in this magistrate court. Any advice on how to proceed in a very informal magistate court in backwoods GA, where actually following procedure/law may be more a hindrance than helpful? 1. Who is the named plaintiff in suit? Midland Funding LLC Successor in interest to Chase Bank USA, N.A./Heritage Bank One c/o Greene & Cooper LLP 2. Name of the law firm Greene & Cooper LLP, Roswell, GA 3. How much are you being sued for? About $4000+ including all the interest, late fees, etc. 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) Served by Sherriff's office 6. How were you served? (Mail, In person, Notice on door) Delivered to me me personally at home. 7. Was the service legal as required by your state? Process Service Requirements. Yes. (GA: To the defendant personally, or by ...). Required to file/present answer to claim within 30 days after served. Clerk said she was to send plaintiff copy of answer 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact prior to being served (but their paperwork includes some old notice sent via mail by Midland) 9. What state/county do you live in? GA, Douglas 10. When is the last time you paid on this account? Their paperwork says last payment date was Mid March 2010 and charged off End of Nov 2010 11. What is the SOL on the debt? To find out: *[§9-3-25--GA statute of limitations on a credit card is six years after the amount becomes due and payable]. 12. What is the status of your case? Suit served? Motions filed? Not sure. I assume it is Suit served. Not open on holidays. Clerk said I would receive hearing date notification in mail and would send plaintiff the Answer. Will call after holidays. 13. Have you disputed the debt with the credit bureaus No. Neither. 14. Did you request debt validation before the suit was filed? No. This is first I heard of Midland. 15. How long do you have to respond to the suit? (This should be in your paperwork). Was served Nov 25th… Was due On Christmas Day. Turned in General Denial Answer form and clerk said she was to mail copy to Plaintiff. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 8 pieces of Evidence (I have documents uploaded if copies needed); 1) Photocopy of Affadavit from Cassndra Holmquist for MCM. States she is Legal specialist for MCM & her biz addy is in St Cloud, MN, & based uppon pesonal knowledge of acct records maintained for plaintiff, defendant is the owner/successor to the defendant's Chase account #******, and MCM's records show that defendent owes balance os $**** w interest due from 11/30/2010 @ 7% making total due $**** as of 09/16/2013. "I certify under penalty of perjury that the following are true & correct. 2) Photocopy of 2 page Account statement from Chase with acct #, dated 11/26/2010, with almost $1000 past due amount and various late fees/interest charges for statement date 10/2/2010-11/01/2010 3) Photocopy of random page that has address change request and illeglible "Information about your Account" I think this is supposed to be the back of the statement? (bottom # on Rt does not match other numbers on other statement pages). 4) Photocopy of Data print out from MCM from Electronic records from Chase Bank pursuant to the Bill of Sale transferred on or about 05/30/2012. Has Field/Field data columns that say name, acct #, Sale amount $, address, phone, last four of SSN, Charge Off Date, Laste payment date, LPmt Amt $87, CO Bal $****. Says that this is what it is at the bottom of page. 5) Photocopied MCM PreLegal Notification (2 pages?), dated 1-12-2013, with MCM acct #, $**** amount owed (difft frm other docs, but around same area) and date due? 01/12/2013 (blacked out in copy, but I assume it is date due). Postal mark of 12/13/2012. Says they have made several attempts to notify regarding account and to send in $500 in order to stop it from being sent to a local attorney. Has payment coupon at bottom. Another photocopy page of MCM "Statement" (I think these go together). Statement date says 12/13/2012 w due date of 1/12/2013 for $**** balance. 6) Photocopy of Blank page with a bar code on upper left side. Have no idea what this is from. I assume the above. 7) Photocopy of Affadavit of Sale of Account by Original Credito, dated 07/02/2012, by JP Morgan Chase officer Martin Lavergne. States that due to his biz position he is aware fo the sale/assignment of electronically stored biz records and that Chase sold a pool of charged-off accounts on or about 5/22/2012 to Midland Funding & that these records were kept in ordinary course of biz under Chase, and he's not aware of any errors in the account. Above statements are true to the best of his knowledge. 8) Photocopy of 2 page Bill of sale with Chase logo on top right, & closing date 05/30/2012. Chase (seller) for value received & pursuant to terms/conditions of Credit Card Account Purchase Agreement dated 12/28/2011 w Midland assigns effective File Creation Date of 5/22/2012 all rights. title and interest in/to those certain recvbles, judgments or evidences of debt described in Final Data File, entotled (Account's Primary File Name) attached hereto & made part for all purposes. Has redacted sections. Amounts due Sellar by purchaser... and more redacted info. No other representation of or warranty of title or enforceability is expressed or implied. Some more legal mumbojumbo and signatures from Chase and Midland. Stamped "Approved by Legal" and has another redacted area on bottom Left. p. 2 has aggrement date of 12/28/2011, Seller and Purchaser name, file creation date of 05/22/2012, closing date of 05/30/2012. Redacted info for File 3, Number of accounts, Total unpaid balance:Purchase price %, and purchase price.