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Help Please! I have been served a summons by Atlantic Credit Finance. Need to Answer!


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Hello everyone!

I have recently been served a summons about 10 days ago and I am working on writing my answer to it, I have been reading for days on different websites and have an idea and a rough draft of how I believe my answer should look.

I am coming up on a back surgery so this couldn't have come at a worse time.

I have been reading on this site a bunch and decided while I continue my research, why not sign up and write a post to try and get some advice.

I would like to thank anyone who takes the time to read this and respond with any comment or advice as to what I should write.

I know that your time is valuable and so any offer of help will be greatly appreciated.

Here it goes: It states magistrate court if that helps.

COMPLAINT - SUIT ON A CONTRACT

ATLANTIC CREDIT & FINANCE INC., as ultimate assignee of GE CAPITAL CORP. and files this complaint against the defendant(s) who is(are) residents of GWINNETT County, Georgia and is (are) there subject to the jurisdiction and venue of this court.

1. Defendant(s) is (are) indebted to Plaintiff in the amount of $****.**, as referenced by Exhibit "1" and Exhibit "2".

2. Plaintiff is assignee of Defendant's account and indebtedness as shown on composite Exhibit "3".

3. Pursuant to O.C.G.A $7-4-2, Plaintiff claims 7% prejudgement interest from ******, 2010 forward.

4. Said amounts is just, true, due and unpaid, and Plaintiff has made demand on defendant(s) for payment, but the Defendant(s) has failed and refused to pay same and is in default.

WHEREFORE, Plaintiff demands judgment of the Defendant(s) in the sum of $****.**, plus costs, prejudgment interest pursuant to O.C.G.A 7-4-2 from *******, 2010 and post judgment interest at the legal rate according to O.C.G.A 7-4-12 et.esq

The Exhibits they have attached are as follows:

Exhibit "1" is a "Verified Statement of Account" that says:

The undersigned being first duly sworn according to law, deposes and says that they are familiar with the policies and practices, as well as the books, records and electronic data and information of the Creditor with respect to the matters stated herein, and based on information and belief states as follows:

1. Atlantic Credit & Finance (herein called the "Creditor") principal business consists of purchasing charged off recievables.

2. The Debtor(s), *********, defaulted on Account No.*********. Said account was charged off on **/2010 and subsequently sold to Atlantic Credit & Finance with a balance of $****.**.

3. Creditor purchased or was otherwise assigned this charged off account along with other debts. As a result of the foregoing sale and assignment, the Creditor succeeded to all right, title and interest in the charged off account, and it now owns the account.

4. According to Creditor's records, the last payment to the Original Creditor was on */*/2010. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $****.**.

5. The internal Account Statement of Creditor is attached hereto as Exhibit A and displays the account information that was provided to Creditor at the time of purchase and assignment.

The foregoing is true and correct to the best of my knowledge and belief.

Signed by an "Authorized Representative" and notary public.

Exhibit "2" is an "Account Statement" from Atlantic Credit & Finance.

It has an AC&F Account ID and Original Creditor Account Number - Last 4 digits and then says:

Purchase balance: $****.**.

Original Creditor: GE MONEY BANK

Original Creditor Last Pay Date: */**/2010

Original Creditor Last Pay Amount: $***.**

Original Creditor Charge Off Date: 10/**/2010

Current Balance: $****.**

Debtor Info:

States my name and Adress and last 4 digits of SS.

Exhibit "3" is a "Bill Of Sale" between Atlantic Credit and GE Capital corp that says:

For value recieved and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Purchase Agreement"), dated as of July, 2010 by and between GE Capital Corp. (collectively "Seller") and Atlantic Credit and Finance Special Finance Unit III,LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Purchase Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Purchase Agreement), delivered by Seller to Buyer on each Transfer Date, as as further described in the Purchase agreement.

Signed by GE Captial Corp.

Then there is a paper that says in small writing "Exhibit 1" on top and looks like an account information page that has been printed.

It says things such as:

LotNo LOT****

AcctNo *******************

RMS FileNo ************

FirstName ****************

LastName *************

Company Name *Blank*

SSN ********

Adress 1 ************

Adress 2 *Blank*

Adress 3 *Blank*

DOB *****

OpenDate */*/2008

ChgOffDte 10/*/2010

LstPayDte */*/2010

Judgment Date *Blank*

DOFD */*/2010

Branch CPCH

LossAmt $****.**

Int Rate **.**

Current Balance $****.**

Principal_Loss $****.**

Assoc Costs $**.*

Accrued Interest $****.**

Net_Costs $*.**

Net_Interest $****.**

Net_Principal $****.**

Credit Score *

Last Purch Date **/**/2009

ChargeOff Code UNPY

Status Code ***

Status Desc Sold FF Fresh

Off Code CC****

Off Desc Care Credit

BCLE Code ****

BCLE Desc ****

Buyer Code ****

DueDil Acct Id ***

Then there is another document that also says "Exhibit 1" on top of it and is an "Assignment Of Accounts" which says:

Atlantic Credit & Finance Special Finance Unit III,LLC ("Assignor"), for good valuable consideration and pursuant to the terms and conditions of an Assignment Agreement ("Agreement") effective as of */*/20101, between Assignor and Atlantic Credit & Finance Inc. ("Asignee"), does hereby assign its rights and interest to certain purchased recievables ("The Purchased Accounts") purchased by Assignor from GE Capital Corp. as of **/**/2010, subject to a Purchase and Sale Agreement executed by Assignor and dated as of **/**/2010 and Bill of Sale dated **/**/2010.

This Assignment is made without recourse or warranty except as otherwise provided for in the Agreement executed by Assignor and Assignee with regard to the Purchased Accounts.

Signed by Atlantic Credit & Finance Special Finance Unit III,LLC

By: Atlantic Credit & Finance Inc., Its Sole Member

By: *signature*

Then there is a document called "Assignment Agreement" that is an agreement between Atlantic Credit & Finance Special Finance Unit III, LLC, and Atlantic Credit & Finance, INC.

If need be, I can list all that document states as well.

***I am referring to Exhibits as Numbers instead of Letters if there is any confusion.***

Puh! That was a lot to write. Thank you to anyone that takes the time to read all this and comments. It is more appreciated then you may think!

I need to have an answer filed within two weeks at the tops.

I have an idea of what I want to answer but I need some help and suggestions!

When I look at all these documents, they seem pretty vague in regards to the specific alleged account, but plenty information on the "agreements" between the companies.

I have never dealt with Atlantic Credit & Finance. I have never signed any contract with them or anything of the sort.

I need to figure out how to write my answer, what all I should include and what the best way of going about this case is.

Please let me know if there is any other helpful information that I should list.

Thank you once again for taking the time to look at my situation. Your time and advise are priceless!

I know, I have been reading a lot of them in the last few days :)

Sincerely

Richy *NOT SO* Rich

Edited by richynotsorich
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According to the Georgia Courts website

Judicial Branch of Georgia :: Self Help Resources :: Civil Cases

You can do a general (blanket) denial.

So how about.

Comes now the Defendant, You, and his/her answer to Plaintiff's lawsuit against Defendant.

Defendant denies the allegations in (list something like lines or allegation 1-30 or whatever) and furthermore, any allegation not specifically denied is denied in its entirety.

The Defendant is not indebted to the Plaintiff in any amount and prays that Plaintiff take nothing in their lawsuit against the Defendant.

Respectfully Submitted,

You

Then get to the important stuff like discovery.

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According to the Georgia Courts website

You can do a general (blanket) denial.

So how about.

Comes now the Defendant, You, and his/her answer to Plaintiff's lawsuit against Defendant.

Defendant denies the allegations in (list something like lines or allegation 1-30 or whatever) and furthermore, any allegation not specifically denied is denied in its entirety.

The Defendant is not indebted to the Plaintiff in any amount and prays that Plaintiff take nothing in their lawsuit against the Defendant.

Respectfully Submitted,

You

Then get to the important stuff like discovery.

Thank you very much for your reply Coltfan!

I was thinking the same about the discovery.. I was wanting to see documents that I had actually signed, the original agreement from the original debtor etc. I was trying to find out if there was a way to ask for all that in the Answer somehow. I will continue to read up :)

Thank you again for taking the time to offer me advice.

It is VERY appreciated.

RR

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Unfortunately, there's no discovery in GA Magistrate Court without leave of the court. I learned that from Linda7.

First of all let me thank you for taking the time to read my situation and comment. I have read much great advice given by yourself on this site and I feel honored that you took the time to share some of your wisdom with myself.

So since there is no discovery in Magistrate court, GA, how would I go about getting them to produce any documents? Such as the contract or agreement which I signed, the original contract and such?

Do I stand a chance fighting this case?

I want to and am prepared to put all the time I can.

I look at the documents they sent me and it just does not seem right that this would be sufficient evidence to prove their case.

Thank you again for responding to my post.

Sincerely RR

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First of all let me thank you for taking the time to read my situation and comment. I have read much great advice given by yourself on this site and I feel honored that you took the time to share some of your wisdom with myself.

So since there is no discovery in Magistrate court, GA, how would I go about getting them to produce any documents? Such as the contract or agreement which I signed, the original contract and such?

Do I stand a chance fighting this case?

I want to and am prepared to put all the time I can.

I look at the documents they sent me and it just does not seem right that this would be sufficient evidence to prove their case.

Thank you again for responding to my post.

Sincerely RR

File a motion for leave to conduct discovery.

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I know your not from GA but do the courts usually give permission in places that require you to ask?

If the court says "no" then how about taking it to arbitration?

I've not tracked that at all, so I can't give a straight answer. I will say that you would need to give the a court a reason to grant that motion. That reason could be the complete crap that they've presented as prima facie evidence.

As for arbitration, that will depend heavily on GA. In some states, arbitration is going to be a no-go if you don't initiate right away. Beyond that, I don't know because I'd rather be in court than arbitration in most cases, and haven't really studied all of the ins and outs of arbitration.

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First of all let me thank you for taking the time to read my situation and comment. I have read much great advice given by yourself on this site and I feel honored that you took the time to share some of your wisdom with myself.

So since there is no discovery in Magistrate court, GA, how would I go about getting them to produce any documents? Such as the contract or agreement which I signed, the original contract and such?

Do I stand a chance fighting this case?

I want to and am prepared to put all the time I can.

I look at the documents they sent me and it just does not seem right that this would be sufficient evidence to prove their case.

Thank you again for responding to my post.

Sincerely RR

If these guys are like most JDBs, they've probably given you everything they have. But, there's really no way to know right now.

Regarding the page with the Lot numbers in Exhibit 1, is there anything on the document that identifies it as being from GE Capital? If not, then it's easy to argue the JDB hasn't shown the document was part of any agreement between AC&F and GE.

Therefore, the only document from GE is the bill of sale. That document doesn't reference your name or account number. Nor is there any proof the document is real. There's only the word of AC&F that its authentic.

If you'll notice, the only documents that reference your name and account number are the documents that were created by AC&F. The page with the Lot numbers could be part of the agreement, but there's no proof of that. It's a document you could type up and print out yourself.

There's no credit card statements. They've provided no documentation from GE for the amount they've claimed is owed. They simply allege you owe $XXXX, but offer nothing from the OC to substantiate that claim.

In addition, there's no documentation from GE evidencing that the account ever existed in the first place. There's only the claims of AC&F that the account existed, that it was yours, and that they bought it.

No evidence the account ever existed, or if it did exist, no proof that they own it, and no proof of the amount claimed.

Of course, we don't know if they have anything else or not. It's your choice as to whether you request permission to conduct discovery.

Edited by BV80
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Key question here.....

LotNo LOT****

AcctNo *******************

RMS FileNo ************

FirstName ****************

LastName *************

Company Name *Blank*

SSN ********

In the actual document, do they list your name and social security number etc.?

If there's no proof that document came from the OC, then it doesn't matter if the defendant's name and ss # are listed. Without proof the document came from the OC, it could have been created by the JDB.

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If there's no proof that document came from the OC, then it doesn't matter if the defendant's name and ss # are listed. Without proof the document came from the OC, it could have been created by the JDB.

Yes, I agree, but this JDB seems to have exceeded the normal threshold for prima facie evidence. They have provided much more than we normally see here, and this is magistrate court, which is like small claims. The records do show his name and SSAN, etc., which they rarely do.

"Verified Statement of Account"

This is the sticking point. The way it is posted is a bit vague. If this is just a JDB verifying the JDB's records, no good. However, there are references to documents provided by the creditor. Use of the term creditor is vague throughout the affidavit. We need more info. Considering the level of court, he could be in trouble here.

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I get back from the Dr's office thinking that I might have a reply or two but WOW guys..

Thank you so much for taking the time to look at my case! It warms my heart to say the least.

Give me just a little time to respond to everyone. I am starting now!

Once again, thank you all for your time and help!

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If these guys are like most JDBs, they've probably given you everything they have. But, there's really no way to know right now.

Regarding the page with the Lot numbers in Exhibit 1, is there anything on the document that identifies it as being from GE Capital? If not, then it's easy to argue the JDB hasn't shown the document was part of any agreement between AC&F and GE.

Therefore, the only document from GE is the bill of sale. That document doesn't reference your name or account number. Nor is there any proof the document is real. There's only the word of AC&F that its authentic.

If you'll notice, the only documents that reference your name and account number are the documents that were created by AC&F. The page with the Lot numbers could be part of the agreement, but there's no proof of that. It's a document you could type up and print out yourself.

There's no credit card statements. They've provided no documentation from GE for the amount they've claimed is owed. They simply allege you owe $XXXX, but offer nothing from the OC to substantiate that claim.

In addition, there's no documentation from GE evidencing that the account ever existed in the first place. There's only the claims of AC&F that the account existed, that it was yours, and that they bought it.

No evidence the account ever existed, or if it did exist, no proof that they own it, and no proof of the amount claimed.

Of course, we don't know if they have anything else or not. It's your choice as to whether you request permission to conduct discovery.

Thank you for continuing to help me! Your help is priceless!

The document which lists the LOTNO etc, does not have anywhere on the piece of paper where it says that it is from GE. Not even anything saying that it is from AC&F. It has a blank top and looks like something I could type up farily quickly. The ONLY place that it mentions GE on this piece of paper is under "BCLE Desc" which says GE Money Bank.

The ONLY document that I believe is from GE is the "Bill Of Sale". The top of that paper has a fax number and time and GE Card Services shows up at top like you would see on Faxed papers.

That document does have a signature by someone from GE I assume.

There is only a signature and no printed name.

And the "Bill Of Sale" does NOT contain my name, adress, account number, or anything about me what so ever.

If there is any other information that I can provide, please let me know!

The court is Magistrate and the amount they claim I owe is slightly over 5k.

Thank you so much for your time and advice!

Sincerely RR

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Key question here.....

LotNo LOT****

AcctNo *******************

RMS FileNo ************

FirstName ****************

LastName *************

Company Name *Blank*

SSN ********

In the actual document, do they list your name and social security number etc.?

Thank you so much, I am honored that you would take the time and effort to respond to my call for help!

In the actual Document that has the LotNo etc., they DO list my name, adress AND social security #.

They do NOT list things such as when the alleged account was opened, what was charged to the alleged account or the amounts. What had been paid etc.

Once again, thank you so much for your help!

Sincerely RR

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If there's no proof that document came from the OC, then it doesn't matter if the defendant's name and ss # are listed. Without proof the document came from the OC, it could have been created by the JDB.

Yes, I agree, but this JDB seems to have exceeded the normal threshold for prima facie evidence. They have provided much more than we normally see here, and this is magistrate court, which is like small claims. The records do show his name and SSAN, etc., which they rarely do.

"Verified Statement of Account"

This is the sticking point. The way it is posted is a bit vague. If this is just a JDB verifying the JDB's records, no good. However, there are references to documents provided by the creditor. Use of the term creditor is vague throughout the affidavit. We need more info. Considering the level of court, he could be in trouble here.

Actually, in the past, I've read a few cases here on boards where JDBs included this "lot number" stuff. It's all the same. There's nothing on the document that indicates it was created by the OC...no header...no fax number indicating it was faxed by the OC...nothing. It's a document anyone could type up themselves.

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If there's no proof that document came from the OC, then it doesn't matter if the defendant's name and ss # are listed. Without proof the document came from the OC, it could have been created by the JDB.

Yes, I agree, but this JDB seems to have exceeded the normal threshold for prima facie evidence. They have provided much more than we normally see here, and this is magistrate court, which is like small claims. The records do show his name and SSAN, etc., which they rarely do.

"Verified Statement of Account"

This is the sticking point. The way it is posted is a bit vague. If this is just a JDB verifying the JDB's records, no good. However, there are references to documents provided by the creditor. Use of the term creditor is vague throughout the affidavit. We need more info. Considering the level of court, he could be in trouble here.

Mr legaleagle,

The "Verified Statement of Account" paper is JUST as I posted it on here.

Without some of the sensitive information of course.

The "Verified Statement Of Account" is from ATLANTIC CREDIT & FINANCE.

From the paper:

1. Atlantic Credit & Finance (herein called "Creditor") principal business consists of purchasing charged off recievables.

Just noticed the paper also says this:

5. The internal Account Statement of Creditor (so Atlantic Credit & Finance?) is attached hereto as Exhibit "1" and displays the account information that was PROVIDED TO Creditor at the time of purchase and assignment.

It is signed by an employee of ATLANTIC CREDIT & FINANCE and also a notary public.

Thank you so much for your help.

Please let me know if there is any other information that you could use.

Sincerely

RR

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States my name and Adress and last 4 digits of SS

What was this? It would be hard to convince a judge they don't own the account if they have this. Especially in Magistrate court.

The last 4 digits of your SS# are on your credit report.

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States my name and Adress and last 4 digits of SS

What was this? It would be hard to convince a judge they don't own the account if they have this. Especially in Magistrate court.

This is from a piece of paper that says "Atlantic Credit & Finance Account Statement".

Under the header at the top it says:

ACF Account ID: *******

Original Creditor Account Number - Last 4 digits: ****

Then it states the account information like I listed in first post.

Under that it says "Debtor info" which has my name, old adress and last 4 digits of SSN.

Under that it says "ACF Transaction History" which is blank.

It's blank because i've never dealt with them :)

Thank you so much for your time and help!

Sincerely RR

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This is from a piece of paper that says "Atlantic Credit & Finance Account Statement".

Under the header at the top it says:

ACF Account ID: *******

Original Creditor Account Number - Last 4 digits: ****

Then it states the account information like I listed in first post.

Under that it says "Debtor info" which has my name, old adress and last 4 digits of SSN.

Under that it says "ACF Transaction History" which is blank.

It's blank because i've never dealt with them :)

Thank you so much for your time and help!

Sincerely RR

That's just what the title states: An AC&F account statement. It's not a statement from the OC.

Just to be clear, on which document is the following information listed?

LotNo LOT****

AcctNo *******************

RMS FileNo ************

FirstName ****************

LastName *************

Company Name *Blank*

SSN ********

And do they give your full SS# or just the last 4 digits?

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That's just what the title states: An AC&F account statement. It's not a statement from the OC.

Just to be clear, on which document is the following information listed?

LotNo LOT****

AcctNo *******************

RMS FileNo ************

FirstName ****************

LastName *************

Company Name *Blank*

SSN ********

And do they give your full SS# or just the last 4 digits?

That document does not have a header, or fax number or anything for that matter, it is blank with all the writing on it.

it does have "Exhibit 1" listed right before the LotNo. From the top of the page it looks just like this:

Exhibit 1

LotNo

AcctNo

RMS FileNo

First Name

Last Name

SSN

Etc.Etc. I think I listed most of all that this piece of paper said.

It DOES have my SSN on it, not just last 4 digits.

And if I am reading the "Verified Statement Of Account" right, I believe this "LotNo" paper is the "Account Information" spoken of in like 5.

"5. The internal Account Statement of Creditor is attached hereto as Exhibit "1" and displays the account information that was provided to Creditor (AC&F) at the time of purchase".

The "Verified Statement of Account" has a "Exhibit "1"" stamp at the bottom.

So there is more then one piece of paper that says Exhibit "1" on it if you include the LotNo paper.

Thank you again for taking the time to help me!

Sincerely RR

Edited by richynotsorich
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I hate that they have your complete SS#. However, we know that such information is attainable through certain public records that are recorded in court houses.

I would concentrate on the fact that they haven't proven a valid assignment. The fact that they have your SS# is compelling, but absent the word of the OC, it doesn't prove you had an account with the OC.

You have some research to do. :)

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