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Hi all!  Thanks for all the great information.  I have studied this site for hours and hours and hours and now feel that I can take on JDB Midland.

 

  I was served by my local sheriff  in Feb for a debt from 2007.  No info was attached to the claim.  I answered and was given a date for pre-trial.  Also, when I mailed a copy to their lawyer, I included a DV. 

 

 I showed up to the pre-trial and was seated with Midland attny.  He showed me a piece of paper and said "So, we are here today to set up payment arrangement for you".   I said I wasn't signing anything -- "I don't know who Midland is??"  He gave me a copy of the bill of sale.  It consisted of a bunch of legal terms and lots of black outs.  I said this doesn't have my name on it nor OC and it shows the sale was between Equable and Midland.  He didn't say another word to me.  He fetched the judge and said she wants mediation.  (we were told before going in that if we were not able to settle then the next step would be mediation)

 

Last week I finally received their validation letter.  It shows the OC, the account number, the date the account was opened and the last payment (July 2008).  However, it shows a different amt than the original claim.  ex. original suit for $1500 and now the balance is $1600.  It does not say they have added any court cost.  They also say they will accept a lump settlement and once received they will notify their client and mark the account settled. 

 

My question--isn't it a violation to add court cost before they are awarded judgement?  and if so, how can I use that to my advantage?  I plan on taking this all the way if necessary but it would be great to nip it in the bud.  

 

I also received a notice from the court that mediation is next week. 

 

Thanks

 

 

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It is the exact amt of court filing cost.  The amt hasn't changed from the OC since 2009.  He also gave me a copy of my "last statement" which shows the $1500. 

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Probably not a violation and if it was it would take a pretty creative argument, which I course we could pull off around here because we are the best at what we do.   However, what I would do is concentrate on just kicking Midland's a$$ in court, something that is done around here about as often as taking out the trash.   Plus the good news is it's Midland, there is a ton of time left for them to violate your rights on something that is a lot more slam dunk.   In other words an easier violation. 

 

You did the right thing by basically telling that attorney to shove it where the sun does not shine.   The reason they said nothing in reply was because they know you were right.   I would start looking toward the discovery process and making this a lot of trouble for Midland (formally known as being a nightmare).   However, make sure you stay within the bounds of the rules of procedure and you don't try to show up the court or the judge.   Midland can usually make fools of themselves with very little assistance.   Just give them the rope and they will hang themselves, guaranteed. 

 

Here is a good thread about demolishing Midland.  I'd start here and then come back with answers.   We pretty much know it all and are the best there is so really you can't ask us anything that we won't know the answer or at least be able to get the answer for you.   Plus we enjoy watching Midland going down to defeat at the hands of an unsophisicated credit info center consumer.  S

 

http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

 

http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html

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Under GA law, neither court costs nor attorneys' fee can be recovered except under special circumstances.

 

O.C.G.A. 13-6-11 provides:  "The expenses of litigation shall not be collected as part of the damages, but where the plaintiff has pleaded and has made prayer therefor, and where defendant has acted in bad faith, or has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expenses, the jury may allow them."

 

Section 1692f of the FDCPA forbids the "collection of any amount (including interest,fee,  charge or expense, incidental to the principle) unless such an amount is expressly authorized by the agreement or permitted by law."

 

You would need to look to see whether your agreement with the OC specifically authorized the collection of court costs.

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I have seen that successfully used in my state, but it was listed as one of a few violations. If you can find other violations, even small ones, then you can show the court a pattern of unethical debt collection tactics. My wording may be a little off, but it can be done.


As Coltfan said the main thing to work on now is beating them in court. Just keep your eyes out for any other violations, which they more than likely will commit. Make sure and document everything they do and say. Keep every piece of paper they send you including the envelopes. Keep every message they leave for you which should not be overheard by third parties. Make sure they use the proper disclosures in all forms of communication and this includes when their attorney is speaking to you in any form. 

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My mail came today with GREAT news!! Case is being dismissed without prejudice.  Funny thing, I called the court to see if they still have me on the calendar and they do.  The very nice clerk highly recommended me to show up anyway...

 

I know they can still come back but this is the best news of my day!!

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Okay, they can re-file. unlikely, but possible. They can also sell this to another idiot JDB. They usually have a time limit to re-file, twice is about it, after that the judge kicks them to the curb.

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"If state law expressly prohibits a service charge, a service charge cannot be imposed even if the  contract allows it."

"Tuttle v. Equifax," (2nd Cir. 1999).

 

Those court costs would seem to be in violation of the GA statute I previously cited, which may then be a FDCPA violation if a GA dist court followed "Tuttle."

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