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I Recently Defended a Lawsuit vs Calvary in Georgia


KingJames
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Hi all, to whom this may concern.  Don't ever settle with a JDB!  My goal for starting this post is to discuss my process with defending against Calvary slime balls in Ga.  This amazing process began almost 2 months ago when I began receiving letters from attorneys.  I was confused because I didn't have a clue what it could be about.  The first thing I see when I open the letter is, you are being sued by Calvary.  I said, "I know these sons of b****s aren't going there.  My next step was to get more info because I was never informed by law about this.  I called the county magistrate court asking about the case number listed on the attorneys marketing letter asking if I needed them to represent me.  The clerk said I was being sued blah, blah, blah.  I asked her have they tried to serve me.  She said no.  I then asked what address were they trying to serve me at.  She stated my address, but it was an old address.  How funny the attorneys marketing to represent me can find my current address, but Calvary can't (red flag).  Anyway, I told her I would be down that following Monday to serve myself.  She seemed amazed by my bravery.  Not many people make themselves accessible.  My purpose was to eliminate the JDB's ability to have a default judgment against me.  Anyway, fast forward to filing my answer. In GA you have 30 days to file an answer, once that time expires you get a default judgement (not smart).  My next post will explain the process with filing my answers.

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I obtained my knowledge of defending a lawsuit from my studies in college and extensive research.  I just finished a business law class so they picked the right one ;-). When I went down to the court to serve myself I was given a packet.  This included the summons, an affidavit (file by the JDB not the original creditor), an old bill, and a bill of sale (with no acct. number or name).  Basically, the evidence they submitted was garbage.  I went home and instantly began working on my answer.  I checked the GA code for filing an answer.  It states that when you answer you must either admit, deny, or claim lack of knowledge.  You don't need to argue your defense just do one of the three.  After you answer each stated claim by number you must list your affirmative defenses (this is the meat and potatoes).  This is were if you represent yourself pro se the attorney knows how knowledgeable you are.  They will try to eat you alive if you don't answer correctly.  DO NOT ANSWER ON THAT CARBON COPY ANSWER SHEET THE COUNTY CLERK GIVES YOU!  You're setting yourself up for failure.  Go home and type your answers I'll list my exact answers below.  Each answers directly pertains to the plaintiffs numerical claims.  Deny, deny, deny!  I can't stress this enough.  If this is a JDB, they must prove they own the debt.  They can't prove it and it's your job to call their bluff.  Once you list your answers be sure to type a certificate of service.  This states that you sent the answers to the plaintiff's attorney.  Be sure to send the answers certified mail and keep your receipt. File your answers to the court and await your court.  Below is my answers to the claim....

 

IN THE MAGISTRATE COURT OF DEKALB COUNTY STATE OF GEORGIA

 

Cavalry SPV I, LLC

(Plaintiff)

vs.                                                                                                                                          Civil Action No. 123456789

John Doe.

(Defendant)

 

Defendant, appearing pro se, for its reply to the Complaint of Cavalry SPV I, LLC (hereafter "Cavalry") states as follows. All allegations of the Complaint are denied unless expressly admitted herein. 

ANSWER

1.       As for paragraph 1, The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

2.       As for paragraph 2, The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

3. As for paragraph 3, Deny

 

4. As for paragraph 4, Deny

 

5. As for paragraph 5, Deny

 

6. As for paragraph 6, Deny

 

7.  As for paragraph 7, Deny

 

6.  As for paragraph 8, Admit

 

7.  As for paragraph 9, Deny

 

 

 

AFFIRMATIVE DEFENSES

 

As for a first affirmative defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. (Definition-  The plaintiff hasn’t presented any evidence to prove they own the debt.  The bill of sale is their only evidence and it has no name, account number, or sale amount.  *[The plaintiff must expressly show his “title” to whatever relief is requested. I.e., the plaintiff must show that it’s possible for him to prove a “set of facts” in court (and probably to a jury) that proves he has “title” to the relief requested.­ The “relief” might be at law, but is probably equitable. If so, the plaintiff must show that he could possibly prove a set of facts that proved he had EQUITABLE TITLE to the “relief” (benefit) requested. This, in turn, implies that the plaintiff must allege 1) facts sufficient to prove the existence of a fiduciary relationship between himself and the defendants wherein he is the beneficiary and the defendants are fiduciaries; and 2) a breach by the defendants of their fiduciary obligations relative to the plaintiff; "While a complaint attacked by a Rule 12( B)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.")

 

As for a second affirmative defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant. (Definition- Consideration is a necessary element for the existence of a contract.  In order for a contract to be in consideration or enforceable something of legal value must be exchanged.)

 

As for a third affirmative defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. (Definition- UCC states all contracts for the sale of goods costing $500 or more must be in writing.  The defendant and plaintiff have never entered into a contract.)

 

As and for a fourth affirmative defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or 
Counterclaims at a later date including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

 

Wherefore, Defendant asks for a judgment in favor of the Defendant dismissing the complaint with prejudice, together with costs, and such other further and different relief as the court finds proper here.

 

1234 Heaven Rd..

 God's Kingdom, GA, 99999

(111)111-1111 

 

________________________

                                                                                                                                        Jon Doe.

                                                                                                                                        Pro Se

 

 

Certificate of Service

I herby certify this day served the foregoing Answer upon counsel for all parties by depositing a copy of this pleading in the United States mail in an envelope with sufficient postage thereon addressed as follows:

 

--------------------------------------------------------------See Edited and Revised Copy Below-----------------------------------------------------

 

 

 

THIS IS MY ANSWERS TO 2 CASES I WON.  THE ANSWERS SHOULD COINCIDE WITH YOUR COMPLAINT. DON'T JUST COPY AND PASTE. THE FORMAT IS A LIL SCREWED UP SINCE I COPIED AND PASTED IT FROM A WORD DOCUMENT.

 

IN THE MAGISTRATE COURT OF DEKALB COUNTY

STATE OF GEORGIA

THE PLAINTIFF'S NAME,

            Plaintiff,

            vs.

YOUR NAME.,

            Defendant

)

)

)

)

)

 

 

 

 

Case No: THE CASE NUMBER

 

ANSWER, AFFIRMATIVE DEFENSES

 

 

Defendant, appearing pro se, for its reply to the Complaint of THE PLAINTIFF'S NAME (hereafter "THE PLAINTIFF'S NAME") states as follows. All allegations of the Complaint are denied unless expressly admitted herein. 

 

ANSWER

 

1.      As for paragraph 1, defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

2.      As for paragraph 2, defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

3.      As for paragraph 3,  defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

4.      As for paragraph 4, denied

 

5.      As for paragraph 5,  defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

6.      As for paragraph 6,  defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

7.      As for paragraph 7,  defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

8.      As for paragraph 8, admitted

 

9.      As for paragraph 9,  defendant is without knowledge or information sufficient to form a belief as to the truth of an averment therefore denies

 

AFFIRMATIVE DEFENSES

 

As for a first affirmative defense

Plaintiff’s Claim is barred by the statute of limitations.

 

As for a second affirmative defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

 

As for a third affirmative defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

 

As for a forth affirmative defense

Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing.

 

As for a fifth affirmative defense

Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

 

As for a sixth affirmative defense

Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.

 

As for a seventh affirmative defense

Plaintiff’s Complaint is not based on its personal knowledge of the alleged debt.

 

 

As for a eighth affirmative defense

Despite Defendant’s request for such, Plaintiff prior to filing this Complaint has not produced a copy of the required executed agreement.

 

As for a ninth affirmative defense

Plaintiff has filed a false statement of account upon which Plaintiff’s complaint is founded which provides at best an alleged “summary of unnamed records” upon Plaintiff’s opinion.

 

As and for a fourth affirmative defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or 
Counterclaims at a later date including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

 

Wherefore, Defendant asks for a judgment in favor of the Defendant dismissing the complaint with prejudice, together with costs, and such other further and different relief as the court finds proper here.

 

                                                         Respectfully submitted,

                                                            YOUR NAME.

                                                                    Pro Se

                                               __________YOUR SIGNATURE_________________

 

YOUR NAME

YOUR ADDRESS

YOUR PHONE NUMBER 

 

                                                                                                                                        

                                                                                                                                       

YOU MUST SEND A SECOND DOCUMENT WITH YOUR ANSWER CALLED A CERTIFICATE OF SERVICE TO THE PLAINTIFF'S ATTORNEY AFTER YOU ANSWER TO THE COMPLAINT IN COURT

 

 

Certificate of Service

 

I herby certify this day served the foregoing Answer upon counsel for all parties by depositing a copy of this pleading in the United States mail in an envelope with sufficient postage thereon addressed as follows:

 

THE ATTORNEY'S NAME

THE ATTORNEY'S FIRM

THE ATTORNEY'S FIRM ADDRESS

 

 

This _____ day of Oct., 2014.

 

________YOUR SIGNATURE_________________

          

 

YOUR NAME

Pro Se

YOUR ADDRESS

YOUR PHONE NUMBER 

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Fast forward to my day in court.  Let me stress this as best as possible.  FILE YOUR ANSWER, SHOW UP TO COURT, & DON'T SETTLE!  I was in a court room of at least 60 people.  The bailiff made it known, "today will be a full to capacity day so make sure you slide all the way down on the bench."  She wasn't exaggerating!  I was getting claustrophobic it was so tight in there.  Anyway, I watched almost every single person in the court room (those that did at least show up) settle their cases.  I was appalled.  I had read that JDB when 80% of their cases.  I thought that was an exaggeration, but I was wrong.  I seen it with my own eyes.  I even saw my best friends mother in the court room.  The JDB tried to sue her on a debt she had over 10 years ago and she had filed in bankruptcy.  I told her let me see your answer.  First, she filed it on that carbon copy and she said she would settle at a reasonable price.  I told her HELL NO! They can't sue you on this debt.  So she went back with the attorney and stated her claim and the attorney asked for a continuation of 30 days.  She must find the documents proving the debt was filed in bankruptcy.  This is a prime example of what these slime balls are doing to people.  My friends mother had no clue what to say or do and they knew it.  Another lady had a claim that was over statue of limitations and the JDB was trying to sue.  Luckily, she knew a little bit and listed on her answer the debt was old.  Funny thing was we had the same attorney.  Now, back to my case.  The attorney saved me for last :)  He went to the clerk and said, "this is my last one, it's a denial."  I felt so good to hear those words coming from his mouth.  He called my name and we went into a room.  He was so polite (at first).  He said, "my client would like to settle this debt."  I looked at him with this blank stare.  What debt?  He said, "my client wants to settle this debt on your terms."  I stated again, what debt?  He laughed then pulled out an old bill that was allegedly mine.  He asked, "is this your name and address."  I said that's my name and old address.  He said, "so this is your debt."  I told him I don't recall having that debt.  This back in forth stance of testosterone went on for about 10 mins.  Finally he said, "you can go back into the court room."  I just knew we were going to trial or he would ask for a continuation to prove the allege debt.  About 15 mins later the bailiff called my name and said the case has been dismissed (w/o prejudice) so I didn't get with prejudice, but I got a victory.  The reason for me posting is to help any and everybody experiencing this ordeal.  I can't stress enough FIGHT!  What I witnessed today made me sick to my stomach.  People were willfully getting screwed.  I hope my experienced helps anyone in this process.  It's not as difficult as you think.  Just do your research and be vigilant.  Keep the faith cause God is with you if you believe! God bless!

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Will do! Thanks for this great post.  I wish you could send out a national alert about this site so many people can be saved.  80% win status is to much for scum bags who have no proof!

The JDB's know about this site. Maybe post a flyer at church or politely ask the pastor to pass on this resource to parishioners that may need this kind of help and ask the pastor to pass it along to other pastors. Post flyers in the supermarket and library(tell the librarians they may have people ask them for info). getting the word out will make it better.

 
If we all do it then the word will get out. also google the posts here so they get on google search. and every once in a while click an ad so that google is our friend. and if you have the gumption a bumper sticker is nice, a tattoo would be better, but every bit helps.
 
And most importantly, thanks for not letting your friends mama go down the drain. and for the record she may have a counter claim against them now for suing on a bankruptcy debt. The plaintiff knew about the bankruptcy, so they willingly violated the law and the bankruptcy courts order. could be sanctionable by the bankruptcy court and a state and or federal collections law violation. They have 21 days safe harbor provision that they would have to dismiss the lawsuit that ship has sailed. So look into counterclaims as a way that your friends momma can stick them for cash.
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You did well, King James.  You're right about what can only be called "debtor's court."   Except for a few knowledgeable individuals like you, debtors get shorn like sheep.  For that matter, most don't even show up, so the JDBs get a default judgment.

 

Yes, do publicize CIC.  Spread the word.  Pay it forward.

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http://www.scribd.com/JillianSheridan/documents

 

Jillian Sheridan's documents she used to defeat Midland Funding in a Georgia credit card case. 

 

She is a paralegal in GA and has a lot of great things to read and study even if your not in GA.

 

A Big Thank You to KingJames for posting his experience so others can learn.

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The JDB's know about this site. Maybe post a flyer at church or politely ask the pastor to pass on this resource to parishioners that may need this kind of help and ask the pastor to pass it along to other pastors. Post flyers in the supermarket and library(tell the librarians they may have people ask them for info). getting the word out will make it better.

 
 
 
If we all do it then the word will get out. also google the posts here so they get on google search. and every once in a while click an ad so that google is our friend. and if you have the gumption a bumper sticker is nice, a tattoo would be better, but every bit helps.
 
And most importantly, thanks for not letting your friends mama go down the drain. and for the record she may have a counter claim against them now for suing on a bankruptcy debt. The plaintiff knew about the bankruptcy, so they willingly violated the law and the bankruptcy courts order. could be sanctionable by the bankruptcy court and a state and or federal collections law violation. They have 21 days safe harbor provision that they would have to dismiss the lawsuit that ship has sailed. So look into counterclaims as a way that your friends momma can stick them for cash.

 

You're right!  I told her that and I'm working close with her.  The court gave her a 30 day continuation.  I told her to enter a counter suit.  Will keep the blog updated on those results.

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You did well, King James.  You're right about what can only be called "debtor's court."   Except for a few knowledgeable individuals like you, debtors get shorn like sheep.  For that matter, most don't even show up, so the JDBs get a default judgment.

 

Yes, do publicize CIC.  Spread the word.  Pay it forward.

Yeah Zap, I was sick to my stomach. I just wanted to jump out my seat and yell STOP DON'T SETTLE! It was that bad!

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http://www.scribd.com/JillianSheridan/documents

 

Jillian Sheridan's documents she used to defeat Midland Funding in a Georgia credit card case. 

 

She is a paralegal in GA and has a lot of great things to read and study even if your not in GA.

 

A Big Thank You to KingJames for posting his experience so others can learn.

Anything to help my fellow neighbors. It's a vile loop hole in the system to allow these snakes to prey on the weak.

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  • 8 months later...

Thanks KingJames for your posting and the rest of you guys for your insights on this forum. I am now being sued by Unifund CCr for the amount of 14,000 and some change. I successfully defended myself against lawsuit by Frederick J. Hanna and Associates and  Midland Funding and got dismissal about a year ago in the Magistrate court in Ga. But this time the amount that UniFund CCr is suing  is much higher. My fear now is will this JDB bring a witness to court to authenticate whatever evidence they submit in court if it goes to trial? Any help will be appreciated. thanks

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Thanks KingJames for your posting and the rest of you guys for your insights on this forum. I am now being sued by Unifund CCr for the amount of 14,000 and some change. I successfully defended myself against lawsuit by Frederick J. Hanna and Associates and  Midland Funding and got dismissal about a year ago in the Magistrate court in Ga. But this time the amount that UniFund CCr is suing  is much higher. My fear now is will this JDB bring a witness to court to authenticate whatever evidence they submit in court if it goes to trial? Any help will be appreciated. thanks

Hi my friend and kudos to you on your previous victory.  No worries you got this one beat.  I beat those a**holes in state court which is much more tedious.  I had to fight my case vs. the attorney in front of the judge.  Much more difficult if you don't know what you're doing.  I've been meaning to do a post on that experience for those who need state court advice.  I've been extremely busy therefore I haven't gotten around to it.

 

No they won't bring a witness in fact they probably didn't submit an affidavit did they? 

 

This lawsuit is in magistrate correct?  Who is the attorney representing Unifund?  When is your court date?  Have you answered the summons?

 

By the way Hanna knows me by my first name.  They hate me!  I'm like dude why do you keep filing lawsuits against me when you know I'm going to stick your penny loafer shoe up your a**! Lol! 

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No affidavit was filed. The evidence included in the summons are one old statement from the OC, 3 bill of sales from one JDB to another. But one of  bill of sale entitled BILL OF SALE AND ASSIGNMENT caught my attention because the last paragraph states "for value received and subject to the terms and conditions of the purchase and sale agreement dated March 25, 2013 between buyer and bank, the bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver  to buyer, and to Buyer's successor and assigns, the Accounts described in Exhibit 1 and the final electronic file". Then another sheet follows which is blank with Exhibit 1(Redacted) on it. This sheet is also followed by supposedly electronic file of this account with my name, address, date birth, previous job phone number, old phone number, last payment date etc.

 

This lawsuit is in magistrate correct?- yes

 Who is the attorney representing Unifund?- Lazega & Johanson LLC

 When is your court date?- I was serve last Saturday

 Have you answered the summons?- Not yet I am in the process of gathering information.

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No affidavit was filed. The evidence included in the summons are one old statement from the OC, 3 bill of sales from one JDB to another. But one of  bill of sale entitled BILL OF SALE AND ASSIGNMENT caught my attention because the last paragraph states "for value received and subject to the terms and conditions of the purchase and sale agreement dated March 25, 2013 between buyer and bank, the bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver  to buyer, and to Buyer's successor and assigns, the Accounts described in Exhibit 1 and the final electronic file". Then another sheet follows which is blank with Exhibit 1(Redacted) on it. This sheet is also followed by supposedly electronic file of this account with my name, address, date birth, previous job phone number, old phone number, last payment date etc.

 

This lawsuit is in magistrate correct?- yes

 Who is the attorney representing Unifund?- Lazega & Johanson LLC

 When is your court date?- I was serve last Saturday

 Have you answered the summons?- Not yet I am in the process of gathering information.

 

Lazega and Johanson is a bottom feeding law firm that used to make their money suing retirees and homeowners on behalf of HOAs for fees.  When the housing market in Atlanta crashed hard they switched to debt collection cases.  They have been named one of Georgia's most abusive debt collectors right along side Fred Hanna.

 

I would contact a naca.net attorney ASAP.  There are plenty of them in Atlanta and the surrounding counties.  If I had a choice to pay them or pay my attorney it would be MY attorney to defend against them.  

These guys know HOA law not debt collection but that doesn't stop them.  I KNOW they are beatable because I did it long before they EVER filed suit.  They sent me a dunning letter on an alleged CC debt.  I DV'd them within 7 days of receiving it and heard nothing on the DV but kept getting weekly letters demanding payment CONTINUED COLLECTION ACTIVITY!  9 months after the DV they sent a response to it and said they would file suit.  I mailed another letter stating to let me know when they were ready to serve me because I would be filing my counter claim when I went to the clerk to be served.  They backed down.  The debt may have been sold again, who knows but I no longer live in GA where they can touch me and it isn't reporting so I call  that a win.

 

Get a lawyer and make them fold.  Proof that they are looking for the default or easy pay off is I took this directly from their site:

 

FEE STRUCTURE:

The legal fees charged on all commercial collection accounts are contingent upon collection. Contingent attorney’s fees refer only to those fees charged by the attorneys for their legal services. All court costs, filing fees, and litigation expenses, are the responsibility of the client.

In addition, in the event the debtor files for bankruptcy, files a counterclaim or files an appeal, the client has the choice to retain our firm at an hourly rate or select outside counsel of their choice to handle such matters.

 

their contingency fee agreement basically covers a settlement or default judgment easy no work case.  If you defend, appeal, or counter claim it costs the client more which is why most dismiss:  they don't want to actually sue where it would cost them money.  They just want to collect as quickly as possible.

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Is the evidence anything for me to be concern of? Do they have a case with that as evidence

 

 

No affidavit was filed. The evidence included in the summons are one old statement from the OC, 3 bill of sales from one JDB to another. But one of  bill of sale entitled BILL OF SALE AND ASSIGNMENT caught my attention because the last paragraph states "for value received and subject to the terms and conditions of the purchase and sale agreement dated March 25, 2013 between buyer and bank, the bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver  to buyer, and to Buyer's successor and assigns, the Accounts described in Exhibit 1 and the final electronic file". Then another sheet follows which is blank with Exhibit 1(Redacted) on it. This sheet is also followed by supposedly electronic file of this account with my name, address, date birth, previous job phone number, old phone number, last payment date etc.

 

This lawsuit is in magistrate correct?- yes

 Who is the attorney representing Unifund?- Lazega & Johanson LLC

 When is your court date?- I was serve last Saturday

 Have you answered the summons?- Not yet I am in the process of gathering information.

 

Basically blah, blah,blah!  They'll drop it in court.  No affidavit means no sworn testimony on evidence.  That electronic file is nothing but a spreadsheet with a bunch of acct #'s meaning it's all hearsay.  I've seen it trust me.  Lazega knows me very well too.  I trashed two of their attorney's in state court.  I smashed one so bad the bailiff followed me out the courtroom to shake my hand and congratulate me.  There's two ways you can handle this (1) file a motion to dismiss due to no affidavit, lack of evidence, and failure under hearsay rule O.C.G.A 9-24-902.  There are many templates on this sight for filing a mtd.  or (2) You can file your denial answer and wait to have it dismissed in court.  It's up to you.  Just read up on filing a mtd if you choose that option.  Once filling you'll have 9 days to answer the claim.  Just handle this case like your previous victory.  It's all crap so don't worry about it.

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Lazega and Johanson is a bottom feeding law firm that used to make their money suing retirees and homeowners on behalf of HOAs for fees.  When the housing market in Atlanta crashed hard they switched to debt collection cases.  They have been named one of Georgia's most abusive debt collectors right along side Fred Hanna.

 

I would contact a naca.net attorney ASAP.  There are plenty of them in Atlanta and the surrounding counties.  If I had a choice to pay them or pay my attorney it would be MY attorney to defend against them.  

These guys know HOA law not debt collection but that doesn't stop them.  I KNOW they are beatable because I did it long before they EVER filed suit.  They sent me a dunning letter on an alleged CC debt.  I DV'd them within 7 days of receiving it and heard nothing on the DV but kept getting weekly letters demanding payment CONTINUED COLLECTION ACTIVITY!  9 months after the DV they sent a response to it and said they would file suit.  I mailed another letter stating to let me know when they were ready to serve me because I would be filing my counter claim when I went to the clerk to be served.  They backed down.  The debt may have been sold again, who knows but I no longer live in GA where they can touch me and it isn't reporting so I call  that a win.

 

Get a lawyer and make them fold.  Proof that they are looking for the default or easy pay off is I took this directly from their site:

 

FEE STRUCTURE:

The legal fees charged on all commercial collection accounts are contingent upon collection. Contingent attorney’s fees refer only to those fees charged by the attorneys for their legal services. All court costs, filing fees, and litigation expenses, are the responsibility of the client.

In addition, in the event the debtor files for bankruptcy, files a counterclaim or files an appeal, the client has the choice to retain our firm at an hourly rate or select outside counsel of their choice to handle such matters.

 

their contingency fee agreement basically covers a settlement or default judgment easy no work case.  If you defend, appeal, or counter claim it costs the client more which is why most dismiss:  they don't want to actually sue where it would cost them money.  They just want to collect as quickly as possible.

 

Kobe doesn't need a lawyer.  This is a pro se situation in which spending money on an attorney equates to throwing your money in the fire place.  Obtaining a  lawyer is like settling with the bottom feeder.  Same compromise different predator.  But thank you for your insight.  I don't mean to come off rude so please don't be offended.  I just want to stress the fact JDBs are manipulating the system.  The consumer allows them too.  Consumer attorneys are enjoying the profits along with JDBs.  It's just a part of the business cycle.  We can defend ourselves even against a lawyer.  I've done it multiple times.  It's all about educating yourself and thorough research.

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Kobe doesn't need a lawyer.  This is a pro se situation in which spending money on an attorney equates to throwing your money in the fire place.  Obtaining a  lawyer is like settling with the bottom feeder.  

 

Not everyone is cut out to be a pro-se litigant and there is nothing wrong with hiring counsel to defend yourself in a case if you are not comfortable doing so.  Your bias against attorneys is clear but pro-se litigation is not the answer for every lawsuit.  You don't have to agree to hire an attorney for your cases but it is down right dangerous to assume that everyone will have the success you did.  

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Not everyone is cut out to be a pro-se litigant and there is nothing wrong with hiring counsel to defend yourself in a case if you are not comfortable doing so.  Your bias against attorneys is clear but pro-se litigation is not the answer for every lawsuit.  You don't have to agree to hire an attorney for your cases but it is down right dangerous to assume that everyone will have the success you did.  

 

I have no bias I just use logic.  I'm not sure if you're familiar with magistrate court in GA.  If a defendant represents them self in court and loses they automatically get an appeal in state court.  That's when you should hire an attorney.  A defendant losing in magistrate only occurs if they didn't properly file their answer.  If the plaintiff is a bottom feeder it's almost certain they don't have any evidence to support their claim.  Therefore they will dismiss their case if you show up.  Why would anyone in their right mind pay an attorney to do what they can do them self?  It's called research.  The internet such as this site will give you the information to prepare an answer.  You don't need a lawyer if you properly answer.  In essence, it's up to the individual if they want to save money by just putting forth a little effort and time towards research.

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I have no bias I just use logic.  I'm not sure if you're familiar with magistrate court in GA.  If a defendant represents them self in court and loses they automatically get an appeal in state court.  That's when you should hire an attorney.  A defendant losing in magistrate only occurs if they didn't properly file their answer.  If the plaintiff is a bottom feeder it's almost certain they don't have any evidence to support their claim.  Therefore they will dismiss their case if you show up.  Why would anyone in their right mind pay an attorney to do what they can do them self?  It's called research.  The internet such as this site will give you the information to prepare an answer.  You don't need a lawyer if you properly answer.  In essence, it's up to the individual if they want to save money by just putting forth a little effort and time towards research.

 

I am VERY familiar with the courts in GA.  I lived there for almost 20 years up until two years ago.  

 

People pay attorneys because not everyone has the time to do all the necessary research to defend themselves adequately.  People hire attorneys for all kinds of reasons and just because they do so does not make them less smart or insane.  Some people are so terrified of court that they are rendered speechless and can't properly represent themselves.  

 

Those who hire lawyers don't look at it as saving money.  They look at it as protecting their interests and assets.  Belittling those that choose to do so as you do isn't necessary.

 

FYI:  I have helped at least two people from this forum defend themselves in Magistrate Court to a dismissal.  I do know what I am talking about.

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I am VERY familiar with the courts in GA.  I lived there for almost 20 years up until two years ago.  

 

People pay attorneys because not everyone has the time to do all the necessary research to defend themselves adequately.  People hire attorneys for all kinds of reasons and just because they do so does not make them less smart or insane.  Some people are so terrified of court that they are rendered speechless and can't properly represent themselves.  

 

Those who hire lawyers don't look at it as saving money.  They look at it as protecting their interests and assets.  Belittling those that choose to do so as you do isn't necessary.

 

FYI:  I have helped at least two people from this forum defend themselves in Magistrate Court to a dismissal.  I do know what I am talking about.

 I apologize if I've ruffled your feathers.  You seem to be a little uptight about my opposition to your advice on wasting money on an attorney in magistrate court.  The court gives you 30 days to answer a summons.  Let's calculate 30 days x 24 hrs equals 720 hrs to prepare.  I'm sure a defendant can find 3 hrs inside that 720 hrs to read over preparing an answer.  As far as speaking in court, that's unnecessary like I previously pointed out in my last rebuttal.  The lawsuit will be dismissed(.)  If a person can't say hear to the judge during role call than they should speak with a doctor specializing in phobias.

 

I know people hire attorneys for "all kinds of reasons", but we're discussing a junk debt buyer lawsuit in small claims court.  The court where a 10 year old pizza boy can be the presiding judge.  What does that have to do with the price of tea and china?  

 

I never belittled anyone!  I'm just opposing your advice.  You want someone to waste money on an attorney when they can represent them self.  I have a huge problem with that!  It's not like they're fighting a racketeering case. A simple cut and paste from this form such as my post will close the case.  That's all my friend.  No special bar examination required.

 

FYI:  I have too with a simple cut and paste.

 

Go have an ice tea and catch a nice romantic comedy because you're a little tense this evening.  

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 I apologize if I've ruffled your feathers.  You seem to be a little uptight about my opposition to your advice on wasting money on an attorney in magistrate court.  The court gives you 30 days to answer a summons.  Let's calculate 30 days x 24 hrs equals 720 hrs to prepare.  I'm sure a defendant can find 3 hrs inside that 720 hrs to read over preparing an answer.  As far as speaking in court, that's unnecessary like I previously pointed out in my last rebuttal.  The lawsuit will be dismissed(.)  If a person can't say hear to the judge during role call than they should speak with a doctor specializing in phobias.

 

I know people hire attorneys for "all kinds of reasons", but we're discussing a junk debt buyer lawsuit in small claims court.  The court where a 10 year old pizza boy can be the presiding judge.  What does that have to do with the price of tea and china?  

 

I never belittled anyone!  I'm just opposing your advice.  You want someone to waste money on an attorney when they can represent them self.  I have a huge problem with that!  It's not like they're fighting a racketeering case. A simple cut and paste from this form such as my post will close the case.  That's all my friend.  No special bar examination required.

 

FYI:  I have too with a simple cut and paste.

 

Go have an ice tea and catch a nice romantic comedy because you're a little tense this evening.  

 

Your condescending attitude is what is offensive.  Especially the last demeaning comment about the fact I am a woman. 

 

While you say it is a waste of money to hire an attorney for a JDB case in GA there are defendants who have lost them defending themselves.  A LOT depends on what county you are in.  In the smaller rural counties the Magistrate is likely not a lawyer or judge but in the larger counties they are and apply the law equally to both sides.  The smaller counties they are little more than paid shills for the collection industry.

 

I don't trust an attorney that guarantees a perfect result 100% of the time and I DEFINITELY don't trust your guarantee that if a pro-se defendant listens to you they will win every time.  Without seeing a link to an actual court decision on any of your cases I doubt the veracity of your record to.  It sounds a lot more like ego than fact. 

 

You have no clue that you are insulting anyone who doesn't follow your plan or what you would do.  The difference between both of us is that I tell defendants they CAN defend themselves if they are comfortable with the court room setting and take the time to do the research.  You tell people how stupid they are and what a waste of money it is if they choose to hire a lawyer.  It isn't your choice and you don't get to sit in arrogant judgment for the choices anyone makes for their life.

 

How grand of you to assume that everyone has a spare few hours in their life to do extensive research on the law and pro-se defenses.  How is it that you know exactly what circumstances each defendant's life has that you can pass judgment on how they choose to defend themselves?  It is demeaning and insulting to insinuate that someone who is not comfortable being their own lawyer get psychiatric treatment for a disorder you are not trained to diagnose or recognize.  

 

You and I are never going to agree and your demeaning, arrogant, and bigoted comments are so offensive I am putting you on ignore because you are only posting to argue and I highly suspect you are a troll from another board.  We are done.

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Kobe doesn't need a lawyer.  This is a pro se situation in which spending money on an attorney equates to throwing your money in the fire place.  Obtaining a  lawyer is like settling with the bottom feeder.  Same compromise different predator. 

....

We can defend ourselves even against a lawyer.  I've done it multiple times.  It's all about educating yourself and thorough research.

Attorneys are just another tool in my dispute resolution toolbox. Like compelling private contractual arbitration or negotiating settlements they have their benefits and disadvantages. I have no general bias for or against hiring a consumer attorney that is truly able and willing to help consumers. It is the same for competent residential plumbers. Many plumbing issues I will do myself. I have hired a very competent plumber, average plumbers, and please-stay-away-from-my-home plumbers.

 

I have posted that it is a good idea to consult with a competent winning consumer attorney. Often these attorneys can be found in the cases filed at the court house.

 

On a civil matter before the court where both parties are represented by counsel it is simple math that, on average, one client is paying an attorney to lose their argument. Very few attorneys can change the facts and the law. Hiring a competent winning consumer attorney should be like hiring a top notch plumber. It should be money well spent assuming one is not able to do a proper job litigating a specific case or fixing a specific plumbing problem.

 

DIY plumbing mistakes can be every bit as costly as DIY collection defense in court. While I would not be likely to call either mistake perilous it is probably best to heed the advice offered by Clint Eastwood's character Inspector Harry Callahan "A man has got to know his limitations."

 

In a defending a collection lawsuit without any counter-claims I am not likely to use an attorney. In a class action lawsuit it is very unlikely I would chose to do it myself versus using a competent winning class attorney. YMMV

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