Search the Community

Good evening room, Thank you for the amazing amount of assistance and advice on these boards. I have spent hours over the past few days catching up. I was served Thursday evening by Appling County's (Georgia) finest. It is similar in content to most posts regarding velocity & lendingclub. Suite on contract Representing counsel is Roy Reagin of Ragan & Ragan, Duluth GA Liability of $15,1541 + $1,991 Copy of lending contract with arbitration clause using JAMS or AAA Multiple purchases of debt & spreadsheet with payments Nowhere near SOL I am replying “Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. So the kicker here is that it is in Superior court. I used the online form recommended here and I found my county but the form is for magistrate. Don't think it will swing. I called the court and the only answer I received is that my attorney will have to file my reply. I pulled the rules for Georgia Superior court and under filing/replying is below: Rule 6. MOTIONS IN CIVIL ACTIONS Rule 6.1. Filing In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge. Rule 6.2. Reply (Motions in Civil Actions) Unless otherwise ordered by the judge or as provided by law, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. Such response shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated facts are relied upon, supporting affidavits or citations to evidentiary materials of record. [In State Court, see State Court Rule 6.2.] Amended effective May 5, 2011; May 23, 2013. So from my simple understanding I can file on my own. I just need to follow @firsthardcheese 's direction in the arbitration overview and strategy pinned post. Reply Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter Have MTC (including the statement that "the Loan Agreement I am submitting is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise")(3 copies) Hand to clerk and ask to add to my case file stamp all three copies I send one to opposing counsel Wait for hearing date & stand firm Am I missing anything? Again, I sincerely appreciate all of the advice and case history. Have a good evening, bk

Hello everyone, I am being sued by Midland Funding in Georgia and they are being represented by Aldridge, Pite, Haan, llp. I would like to defend myself against this case and hopefully get it dismissed. I was served on August 11th and know I need to file an Answer within 30 days. Any help or advice people can offer is greatly appreciated. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc as assignee of CITIBANK, N.A 2. What is the name of the law firm handling the suit? ALDRIDGE,PITE, HAAN LLP 3. How much are you being sued for? 4036 4. Who is the original creditor? CITIBANK, Costco citi visa cc. 5. How do you know you are being sued? (You were served, right?) Served by local sheriffs office 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? One letter from mail maybe 6 months prior. 9. What state and county do you live in? Georgia 10. When is the last time you paid on this account? Approx 2.5 years 11. What is the SOL on the debt? 6 Years 12. What is the status of your case? Suit served? Motions filed? Served by deputy sheriff, no action taken or contact with lawyer. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes last year 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days. Served on the 8/11/2020 16. What evidence did they send with the summons? A. Top page of a statement showing the amount owed with my name and address.. B. Bill of Sale And Assignment between citi and mom. C. Costco Fresh Flow Transfer document showing SALE ID. a second page that lists my name, address and amount. Amount on page shows 4100, being sued for 4036?

I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.

1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm? Cooling & Winter, LLC 3. How much are you being sued for? $1335.07 plus court costs 4. Who is the original creditor? Capital One Bank 5. How do you know you are being sued? My friend was at my house while I was at work. 6. How were you served? 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? I received some mail every now and then but I never answered it. 9. What state and county do you live in? 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 2015 or 2016. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? Suit has been served. 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 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They submitted past due statements from Capital One and a search record for military service.

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Weber & Olcese P.L.C. 3. How much are you being sued for? ~$3,900 + Court Costs 4. Who is the original creditor? (if not the Plaintiff) Home Depot (by Citibank) 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) 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? Received a letter prior to being served and I sent in a DV (that stated that I dispute this debt) 9. What state and county do you live in? Georgia, Forsyth County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/15 11. When did you open the account (looking to establish what card agreement may be applicable)? ~12/2004 12. What is the SOL on the debt? Not sure? 13. What is the status of your case? Suit served? Motions filed? Served 5/2019, Answered 6/2019 (denied w/ arbitration as affirmative defense), Court 7/2019 (prepared MTC Arbitration) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, to the lawfirm only when I initially received a letter. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent copies of statements from the OC from 2015 and 2016. A copy of a bill of sale to PRA. Well it finally happened, the judge denied my MTC arbitration because of the small claims verbiage below: He said that the wording was not ambiguous, and any statement otherwise or whether there was a clause in it at all did not matter. I tried to describe the other SCOTUS cases, and he would not hear it and said that this matter was brought to small claims, so now it is no longer subject to arbitration. He shut me down at every argument I had about the arbitration clause, and asked if I wanted to mediate w/ the attorney. I asked for a continuance, and the plaintiff said I see no reason for a continuance and the judge agreed so he denied the continuance. I did create an AAA case AFTER I was served, so when I told him that I even had an arbitration case started, he said it did not matter. At this point I was lost and did not know what to do. So I went to the attorney and said that I could write a check for $1000 right now the settle the case, and he said his client refused. I told him that’s really all I had, so then the attorney requested a continuance and it was granted for him. Should I have just gone to trial and let the judge find for the plaintiff after denying my MTC for arbitration? I was scared to do that because what I’m ultimately trying to do is avoid a judgement on my record. I’d rather try to settle than have a judgement. I was thinking maybe I could appeal, but I’ve never gone through that process, and wonder what would happened if my appeal was denied or if I lost there too? Any advice? I go back to court next month. I’ve attached the CCA both current, and the one while my card was active and both do contain that “small claims” verbiage. arbitration-2016.pdf arbitration-current.pdf

Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on 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? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 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). Suit served. Must file answer within 30 days. 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history

Hi all, I've been reviewing, taking notes and trying to get all my ducks in a row for a pending suit brought on by Midland/BestBuy/Citi. First, and foremost, thank you to those who have posted their situations and those who have replied with logical next steps or thoughts. Your insights, suggestions and experiences have brought a sense of relief to what started out to be "one-more-thing" on my stress filled plate. Onwards...I have an answer prepared (which may have more than needed, hence my request for help) and attached for which I'd like some "kind" input as to what to keep and what to delete. In advance, I appreciate the community's help. Answer - DWP MIDLAND.rtf

Today I had court in Georgia after being sued by Midland for $948. They attempted to sue me in April 2018 in the wrong county and then served me in the right one January 2019. In the time between, I attempted to contact Midland and sent their attorney a letter from doctor stating I'm disabled and it's unlikely to change with no collectable income. They were unsympathetic, despite what is written on their own website. Following the advice I read here, I comprised a demand letter and motion to compel arbitration. I handed it to the attorney in the hallway this morning. He claimed not to have a copy of the contract so I handed him one too. He basically talked to me like I was an idiot and said I wasn't going to get a better outcome that a payment plan with a judgement on my record. He stomped back into court. While we waited , there was a case involving a motor vehicle accident similar to my own. This man (victim) was being ripped to shreds and it was difficult to watch knowing what it's like to be so overwhelmed by the pain and loss of sudden disability when all you want is your normal life back. Anyway, I also was getting over the flu so I started to feel teary. The judge calls us up and I state I'd like to assert arbitration. He sends us to mediation. The opposing attorney whips out a letter they first sent me to the wrong address. They then try to get me to agree to a judgement again so we go back to the court. The judge was kind and did ask specifics about how I was served in the wrong county initially, currently have no collectable income due to disability, and as of mid March, I have no permanent address. He stared at the attorney and asked him it he has a copy of this letter from my doctor and he said he did but was unwilling to budge. Attorney tried to say I didn't answer the complaint (wrong) then tried to say Midland isn't subject to the arbitration clause. The judge said I might be making a mistake and may not like the outcome, but it's my right to ask for it. I said if it's all the same, I'd like arbitration . Midland mumbled under his breath that it's not all the same. Just granted a stay and had the clerk do a motion to compel on their own form. I feel like I completely screwed up but I can't make it that much worse. I'm scared to even leave this up long because the attorney seemed really pissed.

So, this was interesting. I was just served a separate lawsuit from the same process server today, which was filed back in October 2017. The plaintiff? Midland Funding LLC CitiBank (Best Buy CC) - Green & Cooper. Midland filed a lawsuit this month and that can be found here: Questionnaire 1. Who is the named plaintiff in the suit? MIDLAND (Blood-Sucking) FUNDING 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? ~$1519 4. Who is the original creditor? CitiBank (Best Buy Credit Card) 5. How do you know you are being sued? Served 6. How were you served? Someone dropped it off in person 7. Was the service legal as required by your state? Not sure, more on that below. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence. More on that below. 9. What state and county do you live in? Georgia Cobb County 10. When is the last time you paid on this account? 02/2016 11. When did you open the account? 2015 12. What is the SOL on the debt? 6 years 13. What is the status of your case? "NON-SERVICE" 1-15-18 14. Have you disputed the debt with the credit bureaus. 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 17. What evidence did they send with the summons? Exhibit A: Statement 11/18/2016 Exhibit B: Statement 12/18/2015 Exhibit C: Bill of Sale from OC, Affidavit of Sale from OC, Certificate of Conformity Exhibit D: Electronic Field data Exhibit E: Affadavit from Midland's Legal Specialist A Few Things Here: I'm completely blind-sighted by this. I have never received any notice as to the purchase of this debt by Midland. The defendant's address on this lawsuit is listed as one I've never resided at (I don't know where they got it from) The electronic records contained with the supposed bill of sale and one of the CC statements uses an unknown address listed in Alpharetta GA - The last time I resided in Alpharetta was well over 10 years ago. Hell, I would of been too young at the time to open a line of credit. I was 20 years old when the card was opened....it's a Best Buy card applied for/opened in-store. I just figured out today proof of income is required to open a line of credit with the OC for those under 21. I sure as **** didn't show a BB employee my tax forms/pay stubs. Is this a violation of the credit CARD Act? If so, how/would it apply today? So Midland/G&C had the proper address for the Synchrony bank card....but both Midland/G&C and CitiBank completely F'ed up my address. Which is ridiculous considering every other account I had opened does not have this problem - hell, even Midland/G&C had the proper address apparently in-order to serve me with the Synchrony lawsuit. Further, according to the CC statements provided...I submitted a payment on 2-2016 - I was living in Atlanta at the time...not Alpharetta. So, I assume my friendly process server recognized my name from serving me with the Synchrony papers and decided to pay me another visit today. Here's the paperwork (I've added notations in red): complaint_clean.pdf In addition to that, they completely fail to show how the account even got to $1,519.69 they are demanding. In Exhibit B they provide a CC statement with a closing date of 11/18/15 with my ending balance at $514.88 - no other records are provided to represent this payment of $400 on 2/2016 in Exhibit D. **** To me, this is a steaming pile of horse-****. Should I begin seeking legal council as to the potential violations (if any) that might have occurred? Regardless what happens; I'm kind of glad both of these are happening at the same time....I'd rather eat **** for a few months rather than draw it out for a year+.

I need advice! I was served by Barclay Card for an alleged old debt. It was a very similar post as another member on here @NormInGeorgia wrote about his experience and mine were almost identical, even the same law firm representing. I followed the same procedure recommended for him and filed a motion to compel Arbitration. I received a notice from the court that the judge would stay proceedings for Arbitration. The law firm tried to settle but I didn't respond because my claim is that I cannot be sure this debt is mine, why would I pay? I thought certainly they wouldn't proceed with arbitration since the total they claimed I owe is only $2665. I just received an email from Pro Se AAA stating: Dear Parties: Pursuant the Rules, the Association has appointed David R. James, Esq. as the arbitrator in this matter. Enclosed please find the arbitrator’s Notice of Appointment and biographical data. Should any party have any factual objections with respect to this appointment, such objections must be filed with the Association no later than July 27, 2016. If there are no objections, please advise of your availability for the preliminary teleconference during the first two weeks of August. Sincerely, Pro Se Manager of ADR Services I can't believe they are moving forward and now I have no idea what to do. Please advise if you can. Thank you so much in advance

Background Moved out on my own about two years back. I had assumed all of my important mail was forwarded to my new address. To my shock, after a visit to my old residence, a member of my family hands me a packet of papers informing me that I'm being sued. This totally sucks... I'm lost and unsure of what steps I need to take to ensure I can resolve this. I've never been sued before so this a bit daunting to me. I have been reading a few forums on here and while it has been helpful I must say the information overload is very real and overwhelming. If anyone one has any advice on how I can proceed with putting this behind me my ears and mind are open. Additional Information 1. Who is the named plaintiff in the suit? - Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Cooling & Winters, LLC / Cooling and Winters LLC 3. How much are you being sued for? - $1,200 4. Who is the original creditor? (if not the Plaintiff) - Synchrony Bank / Amazon.com 5. How do you know you are being sued? (You were served, right?) - I received papers from a family member. 6. How were you served? (Mail, In person, Notice on door) - A family member was served and I received the papers from them. 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, as far as I know, I had no idea who they were until I did a little bit of googling (more information below) 9. What state and county do you live in? - Georgia, Habersham County 10. When is the last time you paid for this account? (looking to establish if you are outside of the statute of limitations) - 2012-2014 11. When did you open the account (looking to establish what card agreement may be applicable)? - 04/ 11 /2012 12. What is the SOL on the debt? - 6 years 13. 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). - I was unable to find my case online but it says Suit on Account on paper. I've attached scans of the papers I received below blanking out personal information. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No I have not disputed the debt with the credit bureaus both the original and current collectors. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). - No I have not requested debt validation. 16. 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? - I was given 30 days to respond. I’m unsure if it’s from the 21st of March or the 23rd. I will include a scanned copy of the paperwork that I received but I’m going to assume the 21st since to be on the safe side. Also, there is an affidavit dated much earlier on the 9th of March would that actually be the deadline? If so I’m totally screwed… I am unsure if I received an interrogatory. What would that be? The “Charges” are: The Plaintiff says the defendant is indebted to the plaintiff as follows: Default on Account. That said claim is in the amount of: SEE ATTACHED COMPLAINT ( Complaint ) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - The Evidence I was sent are as listed: - An Affidavit - A Statement of Claim - Exhibit 1 A Statement from 11/15/2012. - Exhibit 2 A Statement from 05/15/2012. - Exhibit 3 The Credit Card Agreement. - Exhibit 4 A Bill of Sale between Synchrony and PRA. - And for Reference the first page out of all the others in the packet with the serving date being 03/21/2018 0r 03/23/2018, but I'm going to assume the 21st. ( Serving ) My Questions 1. What actions should I begin to take? I have not filed an answer in fear that I may end up doing something wrong that is irreversible. 2. Please, If you anyone can point me to other threads with a similar situation as mine that can give me some kind of guideline on how I should go about this I'd greatly appreciate. 3. Would it be best for me to just go ahead and pay this off if I currently have the money or would I be better off fighting the case? 4. Is this just a hopeless effort in a losing battle? I'm totally drained. I really am kinda lost right now. If anyone's got any actionable advice I'm all ears. Thank you for taking a look. If any more information is needed on my side to help in understanding my situation please let me know. I work the graveyard shift but will do my best to respond as promptly as possible. Once again thanks for taking a look.

Hello everyone ! I'm going to paraphrase the long story that brought me here. Basically , I was in a car accident a few years ago. Failed spine surgeries and lost just about everything while waiting on workers comp . I'm still unable to work full time and I receive the weekly checks of what was a low paying government job. This was my first job out of college . I had a few credit card debts that I worked hard to pay off but in the worst of it , they got charged off. I kept hoping I could return to work and settle it with the bottom feeders. I've had to move twice in the last year. My cousin notified me to today that I received a yellow post in Cherokee county stating to contact the Magistrate court regarding service or a SD car will be sent to the address. I haven't lived in that house in 6 months and everything I have is registered in Cobb. I've been out of town for month because my grandmother is ill so I have no idea what may be at the house I actually live out. I plan on calling Cherokee county in the morning to notify them that I do not live in county. Is this a bad idea? I know I have to deal with this . I'm embarrassed. I thought I'd be healthier . I don't know what to do as I barely have enough to get by on. I've read over some of the other forums but didn't see anything on what to do if an attempt is made in a county you no longer reside. Thanks in advance !

Background I was laid-off in 2016 and am now a full-time student receiving assistance from a few sources - I am on track to earning my bachelors in IT/Security this year (after 1 1/2 years of study). In late 2016, my mother attempted suicide (due to prior abuse from her now ex-husband - stepfathers suck) which had brought a heavy burden upon my family and I. Nothing is more terrifying than having to drive from Atlanta to Alpharetta...not knowing whether your mom is dead or alive. Unfortunately, this combination of events has led me to largely ignore my financial situation and place me where I am today. Currently, I have close to $7,000 of debt supposedly purchased between 3 junk-debt buyers. Do I regret some of the decisions I made regarding my financial situation? I do. This lawsuit has opened my eyes as to the importance of resolving this situation. It's my hope that this community would be willing to assist me through this process. So, to anyone responding to this thread (and the many more I plan to make) - let me go ahead and state that I am greatly thankful for your time and input. Questionnaire 1. Who is the named plaintiff in the suit? MIDLAND (Blood-Sucking) FUNDING LLC DBA SYNCHRONY BANK 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? ~$2200 4. Who is the original creditor? SYNCHRONY BANK (Amazon Store Card) 5. How do you know you are being sued? The non-stop flood of lawyer advertisements 6. How were you served? Someone dropped it off 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? No correspondence - I logged into Midland's website to view amounts they were trying to collect after I was made aware of the lawsuit. 9. What state and county do you live in? Georgia Cobb County 10. When is the last time you paid on this account? 05/2016 11. When did you open the account? 2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit Served 14. Have you disputed the debt with the credit bureaus. 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 17. What evidence did they send with the summons? Exhibit A: Statement 12/21/2016 Exhibit B: Statement 1/22/2016 Exhibit C: Bill of Sale from OC, Affidavit of Sale from OC, Blanked Certificate of Conformity for Notary Exhibit D: Electronic Field data Exhibit E: Affadavit from Midland's Legal Specialist SCAN: complaint-clean.pdf It's essentially the same as this user: Goals 1. Dismissal with prejudice 2. A clear understanding of the process for potential litigation in the future. My Questions 1. What do you recommend I should be doing now? Will it be possible to visit the court and obtain the complaint and relevant information before being served? I am currently awaiting to be served - I will update with the necessary information as soon as I obtain it. Ideally, I'd like to start this process and get a court date ASAP to get this behind me. 2. I am planning on going to court prior to my hearing. Anything in particular I should look out for? I am looking through active cases in my county similar to my lawsuit...taking note of the court date and judge. I am planning on spending an entire day in court prior to my case to take note of practices/procedures within the courtroom - as well as any quirks the judge may have. 3. Is arbitration a better option for me? Which CC agreement should I use? From reading other threads on this forum; the most potent Midland Repellent™ is sending the case into arbitration per the cardholder agreement. My plan is to request this go into arbitration through JAMS. I have attached 2 cardholder agreements (from CFPB) - one pertaining to when I opened the card and the other for when the account was in last good standing. Ideally, it'll probably be best to use the agreement G&C provides (should they) - so they cannot argue the legitimacy should I provide one myself. If they don't, which agreement is recommended? creditcardagreement_opening.pdf creditcardagreement_goodstanding.pdf 4. When do I MTC Arbitration? I suppose this question relates to my lack of understanding the procedure in depth (more on that below). It is my understanding that I will write up a document stating I wish to arbitrate my case, print 3 of them out, and provide them to the judge/lawyer. At which point should I provide this? Should it be the first words that come out of my mouth - when I submit my answer? 5. Any "What Can Go Wrong" horror stories relating to choosing the route of arbitration? This will help me make a more informed decision about where I wish to take this case. 6. Any literature/resources you recommend? I have a narrow view of the entire process in regards to procedure and process. I understand that though I'm representing myself; I will still be held-up to the same standards as a lawyer. Therefore, I'm well aware of the time and resources I will need to put into this to see this case end in my favor. If anyone has any resources/literature covering the magistrate courts in GA - it would be greatly appreciated! So far, my understanding probably represents what's in these videos: https://georgiamagistratecouncil.com/video-home/ ------- Thank you all for your time and consideration. I'm really glad a place like this exists and I look forward to participating in this community in the future!

Midland is suing for an item that was returned. Please advice.

OC filed Suit in "F" State Court Georgia $25K alleged Attorney Contingency Fee Not set by any Law, No signing legal Fee paper, No interstate License , No recovery, Attached Affidavit of Owner of Records and Alleged Contingency Fee alleged "D" signed in Georgia date Impossible "D" was not in GA. Not Served In GA, No Living in GA, No Address in GA. Tried to serve summons 15 days after was filed in North Carolina with wrong Civil Action Case # and again 151 days later. Filed Answer, "P" filed MSJ, "D" opposed, Judge denied "P"MSJ, later Judge set Bench Trail/Evidantry Hearing. Any opinions from fellow members?? Maybe request to produce or MTC Arbitration Contingency Fee not set by any Law. GA requires Attorney to offer Arbitration before filing suit. Didn't happen cause he is not licensed in my state to practice law from his office in GA.

Has anyone won in the Magistrate Court in DeKalb County, Georgia recently? I'm trying to determine a strategy because my research shows that the judge in that court typically allows all of the debt buyer's attorney's paperwork through the sworn affidavit, making it harder to wage a winnable defense. Thank you in advance for any advice or tips.

Hi all, I'm desperately seeking any advice on how to handle this. I was served a summons by Second Round last week for a debt they bought from Belk. I can scan and upload what was sent to me later. I have not had any correspondence with Second Round up to this point. They did attach 3 documents, one is a copy of the Belk statement that shows the date it was "charged off" (October 2012). They want the full amount $1245(estimate) plus $98 court fee. The statement shows that the principal balance was $450 and the remainder was interest and fees. No minimum payment or due date listed (which they state in the summons that I didn't pay the minimum payment by the due date listed). I know enough about them to know that they purchased this for pennies. The other two attachments show where the debt was purchased by second round as part of group. Nothing showing that my debt was part of this agreement. I'm not sure if that is even relevant at this point. I know I need to answer this to keep a default judgement from happening, but honestly, I have no idea how to do this. I wouldn't mind settling (I know this really won't help my credit), but I refuse to pay the full amount. I would prefer not to pay anything to these scumbags. Any help or advice would be greatly appreciated!!

I took an Answer/Counterclaim document and a Motion to Compel document to the State Court (Georgia) clerk office at the county courthouse. When I handed them to the clerk at the window, he just stamped them in. I asked him if he needed to sign or notarize them and he said "No, they just need to be stamped in." Was he correct? If not, can I be held accountable if the clerk gave me wrong info? Is there some action I need to take on this issue? On the last page this is an example of what I had for the signatures: John Doe being first duly sworn on oath says the facts set forth in the foregoing Answer, Defenses, and Counterclaims are true and correct. Respectfully Submitted, signature John Doe Defendant, Pro Se Sworn to and subscribed before me this 7th day of November, 2016. _____blank___________________________ Clerk of Court

I am being sued by Cavalry for old Capital One Debt. I have a signed affidavit by Stephanie Cappelli notarized by Dawn Fanning. I am trying to see if anyone has a copy of of Stephanie Cappelli's signature. Her print is half cursive and does not remotely resemble signature. I also saw other post where people had questions about her signature but cannot find a copy of it.

Hey, I was summoned by Stenger & Stenger about 2 weeks ago. I spoke with a rep on the phone, and they offered a 80% settlement. I asked her to send me paperwork to review. What now? 1. Who is suing you? Capital Alliance Financial LLC represented by Stenger & Stenger, P.C. in Grand Rapids, MI 2. For how much? about $1200 + filing fees 3. Who is the original creditor? HSBC - Best Buy 4. How do you know you are being sued? Summons 5. How were you served? Hand delivered to me on Feb 20, 2016. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? A few letters... but I never responded. Last letter came on August 6, 2015 7. Where do you live? Georgia 8. When is the last time you paid on this account? Never 9. What is the status of your case (if anything has been opened)? I don't know. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 11. Did you request debt validation before the suit was filed? No. 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. Yes. 1. Defendant named resides in Fulton County... 2. Defendant is indebted to Plaintiff in the sums of $1,153.23.... 3. Wherefore, Plaintiff respectfully requests judgment against Defendant... 13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? Plaintiff's affidavit Account statement Recent bill Assignment and bill of sale 14. What is the SOL on the debt? ???

Hi. New here. I hope someone can help. Being sued by Unifund in State Court in Georgia service was attempted, but I've never been served. I sent (certified) a letter to representing law firm asking what this debt was and how they believe it is mine, etc, but never received anything back. Recently received a 'default docket calendar' and will now have to appear before a judge in only a few weeks. I'm not sure what to do at this point. Thank you

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!

Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now. She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc... Suit is in Magistrate Court of Coweta County, GA Thanks, WH in GA 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser of Springleaf Financial Services Inc. 2. What is the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA 3. How much are you being sued for? 2971.95 4. Who is the original creditor? Springleaf Financial Services Inc. 5. How do you know you are being sued? Served by process server 6. How were you served? 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 my mother is aware of 9. What state and county do you live in? Georgia, Coweta 10. When is the last time you paid on this account? ~2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site 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 15. How long do you have to respond to the suit? 3/4/2015 We need to know what the "charges" are. Please post what they are claiming: 1. Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”. 2. Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward. 3. Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.

Hi everyone, I'm attempting to help my best friend with his JDB lawsuit, specifically with drafting an answer to the plaintiff's complaint in the event he can't find an attorney to help him. We would really appreciate any advice you can offer. 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.) Greene & Cooper, LLP 3. How much are you being sued for? $2,200 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Served by Sheriff 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; received a letter once from Greene & Cooper attempting to collect debt 9. What state and county do you live in? Clarke County, Georgia 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sometime in 2009, maybe early 2010 11. What is the SOL on the debt? Six Years 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). Sheriff Entry of Service 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? 1) By 2/21, this upcoming Friday 2) Complaint on a Contract ​Comes the plaintiff, by counsel, and for its cause of action against states as follows: ​1. The defendant is a resident of Clarke County, Georgia, and is therefore subject to the jurisdiction of this Honorable Court. ​2. Midland Funding LLC purchased this account. The original credit grantor is FIA Card Services, N.A. The original account number is *********************. 3. The Defendant is indebted to the Plaintiff in the principal amount of $2,200. WHEREFORE, Plaintiff respectfully defends Judgment as follows: 1. For the sum of $2,200 as principal; 2. Costs expended herein; and 3. Any and all other relief to the which the Plaintiff may appear entitled. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Three pages of a four-page statement dated December-January, 2011, detailing name, account number, interest charged, and balance total that matches the amount listed in the complaint. I also had a couple of questions I was hoping someone could help with. Greene & Cooper filed with the Superior Court of Clarke County. Are the rules for filing an answer in Superior Court different from Magistrate Court? How does this affect, or does it affect, what should be included in the answer, chances of winning, etc? Is the sample letter found at http://www.creditinfocenter.com/legal/ive-been-sued.shtmla suitable template? I've found really informative forum posts on filing an answer in a Georgia magistrate court but not many on superior courts. He'll be filing the answer in person at the courthouse and mailing it to the plaintiff. Does the plaintiff need to receive it within the 30 day time frame or can it just be postmarked by the due date? If he writes up and files the answer himself, will he he have a hard time finding a lawyer to take on his case? Are there any free or sliding scale legal resources in Georgia for unemployed individuals that can help with consumer debt cases? Addressing each allegation seems simple enough thanks to this forum, but I'm not sure how to determine which affirmative defenses, if any, are suitable for his case. Should he even include affirmative defenses in his answer letter? Thanks in advance for all your help! The forum and its posters have been invaluable resources.

Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now. She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc... Thanks, WH in GA 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser of Springleaf Financial Services Inc. 2. What is the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA 3. How much are you being sued for? 2971.95 4. Who is the original creditor? Springleaf Financial Services Inc. 5. How do you know you are being sued? Served by process server 6. How were you served? 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 my mother is aware of 9. What state and county do you live in? Georgia, Coweta 10. When is the last time you paid on this account? ~2011 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site 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 15. How long do you have to respond to the suit? 3/4/2015 We need to know what the "charges" are. Please post what they are claiming: 1. Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”. 2. Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward. 3. Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.