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Found 2 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. I've been reading through everything in this forum to help me prepare to defend a lawsuit brought on to me by Greene & Cooper (representing Midland Funding). The OC is Comenity Bank, and they sold it to Midland. The debt is $1600. I got served at the end of September, answered the suit denying all allegations, and was prepared to MTC arbitration in court. Well, on my court date, there was a local counsel representing Midland and when we went to mediate I gave her my MTC arbitration, and she was completely confused. She looked at my document for 30 seconds, then looked at the credit card agreement for another minute. She told me to hold on, called someone and spoke to them for 20 minutes out in the hall, then came back and said that they were going to oppose the arbitration. So we go before the judge (this is in Forsyth County, GA). I say that I would like to settle my dispute via arbitration, and here is my MTC, attached with the credit card agreement giving me the right to pursue this option. Then the judge asks the plaintiff, and she says that they oppose the arbitration because Greene & Cooper have no contractual obligations to me, and that if I wanted to arbitrate, that I'd have to take it up with the client - Midland Funding, who she also says has no agreement with me to arbitrate. Well the judge listened to her, then took my MTC and agreement and read it over. He said that I was allowed to pursue arbitration if that was my wish, and that I had that right, but then goes on to say how expensive it's going to be and if I really wanted to do this. Directing it at me. I told him about the clause that said the bank would be responsible for the fees associated with it, and he stops and asks again if I wanted to pursue it because I was the one that brought the MTC. I said yes. Then he said my MTC to compel arbitration was granted. The rep for Greene & Cooper didn't say anything. She just sat there, and said I would have to take it up with Midland and that they were just the attorneys representing them. The judge then says that I have to orally report the status of the arbitration scheduling to the court within 30 days. If I or the other party do not do this, then a status hearing will be scheduled. I'm getting worried because I don't know what to do next. The judge said it was my responsibility to find an arbitrator and schedule the process for it. That's not really what I wanted to happen. I was hoping that Greene & Cooper would file a motion to dismiss after realizing I wanted to arbitrate. HELP! Am I going to be responsible for arbitration fees? Do I need to schedule it? Do I need to send a copy of my MTC to Greene & Cooper or Midland? The rep there didn't take anything, and just left after the judge gave her a copy of the order. I'm so confused. Is there anyone that can help me to figure out what to do in this situation? I feel like the judge was annoyed that I presented an MTC arbitration, and was trying to make me think that I would have to do all the legwork and pay all the fees.
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