Search the Community

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.

I could sure use your opinions. I need to file disclosure not sure how extensive or really what this means being the defendant. I have read "beergoggles", "Harry Seaward" and "AZ Piano Lady 14" threads: Very helpful, yikes so many motions and procedure. I'm still unsure on disclosure. Also, considering whether or not to hire an attorney, worried about the amount if I lose. 1. Who is the named plaintiff in the suit? One of the usual JDB 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) One of their usual firms 3. How much are you being sued for? Over 10k 4. Who is the original creditor? (if not the Plaintiff) " Too big to fail bank" 5. How do you know you are being sued? (You were served, right?) Served Summons, Complaint, Notice of Comp Arb 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? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) N/A 11. What is the SOL on the debt? To find out: N/A 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). Summons, Complaint, Answered 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, Should I? 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, Never heard from them before summons. 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? Answer done. Allegation: Breech of Contract, defaulted payment to plaintiff. Have not received an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOT A THING.... Also, I have been sent collection letter by 2-3 other JDB on this alleged debt years ago, was never pursued after I sent DV letter. Never received a letter from these guys before the summons, therefore never had the chance to validate. Thanks!

I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.