My4Dogs Posted March 15, 2011 Report Share Posted March 15, 2011 (edited) I have been on the boards reading and researching for the past 5 months. I have already been through the process of being served, providing my defenses/answers, and in turn requesting Zwicker's production of documentation, admissions, and interrogatories. Like most everyone else, the responses I received from Zwicker were vague and said what I was asking was burdensome, etc.To this point I still have no proof I owe this debt. I have requested verified proof via the courts three times now (and yes I have the green cards) but all answers from Zwicker state what I am asking is burdensome. I have used standard questions repeated many, many times on these boards so I know what I asked was not burdensome.In my requests for documents and an original signature to an agreement or contract, all that was produced was a 4 page printout of charges over several moths. No signature or other proof has been provided. From what I read in GA, an original signature must be provided. I also read somewhere (escapes me now) that providing copies of cc statements is not proof of debt in Georgia. Does anyone know and is there case law in GA stating such?Also, I don't know if this is relevant but I had originally sent Zwicker notification that they are not to call me at work or at home. I have them twice on recorded voicemail to my home leaving messages that they are debt collectors calling for me and this is after I received my signed green card in the mail so I know for sure they received my cease and desist request on calls. Do I have any recourse against them on this?My last question; I have not received a notification of a court date but when I went online last night I saw there is a bench hearing set for April 14, 2011. I still don't feel I have been provided any proof I owe this debt. I am debating filing a motion to dismiss but really need to research that as I am not an attorney and I really am very nervous about anything court related. Any suggestions on what I should do next? (I can't afford a lawyer) Are there any court cases I should cite if I file the motion to dismiss?Thanks! Edited March 15, 2011 by My4Dogs Link to comment Share on other sites More sharing options...
BV80 Posted March 15, 2011 Report Share Posted March 15, 2011 In a credit card case, there's not going to be a signed contract. You may have signed an application, but not a contract. They should provide a copy of the cardmember agreement that was in effect when the card went into default.1. Is the debt within the SOL.2. Did they provide an affidavit at any point? If so, what does it say? Link to comment Share on other sites More sharing options...
My4Dogs Posted March 15, 2011 Author Report Share Posted March 15, 2011 (edited) Yes the alleged debt is within the SOL as they claim the account was opened on Nov 5, 2008. Thus far they have blown me off on my Interrogatories, Requests for Documents, and Requests for Admission. They claim everything is overly burdensome, not relative, or they state "Plaintiff will comply by providing the current Card Agreement when located". However they then included at the back of these answers an Index of documents including A) Available Account Statements, Card Agreement, and C) Application. The account statements tell me nothing. The Card Agreement is a scanned/copied standard document with no signatures or dates. The Application is a print out of 4 pages of what looks to be like an online application summary with numbers I do not understand and the ONLY thing that connects this debt to me is that my name and address and SSN appear on one page of this printed out application. There is no signature and I have no idea if any of my previous roommates could have forged this account.My issue is that I don't feel they met the burden of proof that this debt is mine (and I honestly don't think it is).I don't know what my next step should be. I haven't found any cases in GA to provide me a roadmap of how to get this thrown out. I'm not sure if I should file a MTD based on failure to provide anything with my signature on it and cite Wirth v Cach?To your other question; no they have not produced any affidavits. What would I be looking for an affidavit on?Thanks in advance for your replies! Edited March 15, 2011 by My4Dogs Link to comment Share on other sites More sharing options...
admin Posted March 15, 2011 Report Share Posted March 15, 2011 Yes, the burden of proof is on them. I would file a motion to compel at this point (if your rules of civil procedure allow). Link to comment Share on other sites More sharing options...
My4Dogs Posted March 15, 2011 Author Report Share Posted March 15, 2011 Georgia does allow a motion to compel per our civil procedure, but we have to ask for something specific. I'm feel stupid asking, but what specifically would I compel them for? And is the motion to compel laying the ground work for a MTD?Thanks! Link to comment Share on other sites More sharing options...
My4Dogs Posted March 21, 2011 Author Report Share Posted March 21, 2011 As I am getting closer to the court date, I continue to try and determine next steps. BV80 you mentioned affidavits, but did not specify which ones or why. Could you elaborate?I figured out the motion to compel but wonder with three weeks before the court date if I would be wasting my time? In other words, would the court sit on the paperwork despite the hearing date approaching?Should I just cut right to the motion to dismiss citing failure to provide proof? Link to comment Share on other sites More sharing options...
HelpCarla Posted July 22, 2011 Report Share Posted July 22, 2011 So What did you do and what happened in the end?- Link to comment Share on other sites More sharing options...
Recommended Posts