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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
Introduction: Sued by JH Debt Portfolio Equities, LLC (JDB2), debt purchased from Oliphant Financial, LLC (JDB1) whom purchased from OC (Capital One) Account and Debt are unknown to me (Pro Se Defendant) Responded to Petition with General Denial and Special Exceptions, requested Disclosures from Plaintiff (required multiple additional requests to comply to get documents) Responded to Plaintiff's Request for Admission with Denials. Current Delimma: Plaintiff (JDB2) filed Motion for Summary Judgment. In the motion the Plaintiff specifically refers to Bussiness Record Affidavit and an Affidavit for Attorney Fees. The motion fails to enumerate the facts at issues and which pages of attached evidence address the facts, it does have documents attached as evidence, all of which fail to show a direct link between the Plaintiff and account. (Attached) How do I specify issues of fact and objections if the motion is stated in a general manner? Strategically, if I go through all of the pleadings and motion and identify related evidence + weaknesses I do myself a disservice. I would be stating the grounds for their case, giving them all the info they need to strengthen their case, and it providing them with information regarding my strategy, knowledge base, and abilities. Can someone please help me with how best to address this issue? I know that I can request revisions by specifying things that are vague or ambiguous, but that my request is too general it will be denied, and am again unsure because their entire motion is too vague and ambiguous. I welcome your related experiences and advice. Thank you in advance. JDB-MSJ.pdf