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  1. 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
  2. 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
  3. 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 cour
  4. 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 n
  5. 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
  6. 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.
  7. 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
  8. 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
  9. 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 B
  10. 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
  11. 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 advi
  12. 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 c
  13. 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 wh
  14. Midland is suing for an item that was returned. Please advice.
  15. 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 T
  16. 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.
  17. 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 (
  18. 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 i
  19. 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.
  20. 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)
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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 t