Jump to content

Mediation tomorrow in Georgia


Recommended Posts

I'm scheduled for mediation tomorrow against Midland Funding LLC (Asignee of GEMB). They filed the lawsuit July 2010.

I filed my answer and defenses (& asked for dismissal with prejudice) along with alleged debt validation request in August 2010. I also stated for informational purposes that my only source of income and it's exempt status is as follows: Social Security (disability, retirement, survivors) 42 U.S.C. § 407

They never validated and i did not hear from them again until November 2010 when i received their request for production of documents, interrogatories and admissions of facts. (This is where i'm upset with myself because due to my lack of knowledge of rules of procedure, i failed to respond to theirs and did not send them mine.) So to date we have not had discovery.

February 2011, they filed a MSJ based on my failure to file a timely response to their request for admission of facts. Also caught my eye that they stated that a credit card agreement was attached to my complaint although it was not. The only thing i've seen is an account number, that's it. Unsure if i could oppose the MSJ due to my failure to comply with their interrogatories, etc...

June 2011 they filed a motion for continuance to allow the MSJ to be ruled on.

November 2011 i received the letter from Superior Court that mediation has been scheduled.

I know it doesn't look good for me right now but i've learned alot from this forum and now recognize my mistakes.

I know they don't have the legal standing to sue me. I will ask for proof of the alleged debt tomorrow and plan to push forward to trial, regardless of the outcome.

Is it too late for me to file a motion to dismiss or am i even in a position to do that since we have not had discovery (my mistake)? Or can anyone tell me what my options are at this point?

I've looked at Georgia's rules of procedure but i can't find the answer to my questions. Besides dealing with health issues this has been one of the most stressful experiences i've ever encountered.

Edited by BitterSweet
Link to comment
Share on other sites

You need to get those admissions to them now and hope that cures you being late. Just saying "I did not realize" is not going to get you anywhere. But if you have provided them by the time the hearing comes around the judge may cut you some slack.

Link to comment
Share on other sites

So, i can still do that even though it's been a year? Wayyy past the 30 days. Do i just go through the process of answering their requests for production of documents, interrogatories and admissions of facts and can i still send my own to them? If so, i won't have that done in time for mediation tomorrow but i will definitely have it asap. I wasn't aware that i could still do that.

Note: I just went to the mailbox and found a letter from Midland. It was actually a motion for another continuance, to allow for mediation to be completed!

That makes no sense to me considering mediation is scheduled for tomorrow so why ask for a continuance now. Unless it's because they also asked for a ruling on the pending motion, which is their MSJ.

Thank you for responding!

Edited by BitterSweet
Link to comment
Share on other sites

So, i went to mediation and there's another continuance. I'm still unsure what to do next. Is it too late to respond to their discovery and send them mine since it's been a year already? & can i oppose the MSJ?

I know it would be better than the judge thinking i haven't done anything to defend myself but i'm worried that since it's been so long how to proceed. I've been afraid that it would all be in vain since i failed to respond within the 30 days. I'm just lost on the time limit for discovery plus i don't want to look like an idiot.

Can anyone please give me some guidance?

Link to comment
Share on other sites

You've answered your own question(s).

I know it would be better than the judge thinking i haven't done anything to defend myself

Look back at reply #2. There is your answer.

I simply see no negative in replying this late. How can it hurt? The worst is the Judge does not allow them. The law deals with curing defects. Sometimes, even though a deadline is not kept, the Judge allows the party answering late to do so and "cure" their defects. The court sometimes looks at the prejudice to the other party. If there is none or minimal, they sometimes still allow whatever was late.

It's like getting pulled over for speeding. What does it hurt, short of threats or bribery, to try and talk your way out of the ticket. The officer can have you dead to rights but still cut you a break or some slack. What does it hurt to try?

Link to comment
Share on other sites

Ok, thank you both for your replies. l'll get down to business then and pray for that cure! I know i've got my work cut out for me but if there's a chance i can redeem myself then it will be worth it. Now, just hope i can put everything together the proper way. Like you say, what could it hurt. Better than losing because of a technicality.

& also was wondering if i could oppose the MSJ since they didn't respond to my debt validation request? Or, just go ahead and concentrate on discovery for now?

Thanks again...

Edited by BitterSweet
add comment
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.