KingJames

I Recently Defended a Lawsuit vs Calvary in Georgia

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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.

 

 

 

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.

 

What?  I created this post so how am I a troll?  Kobe asked me for advice and you derailed that with poor advice.  Please do us both a favor and ignore yourself.... Smh...

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Clydesmom & King James  take it out side ....you both have been instrumental in helping people in the past ,  when I first got on this forum I knew nothing and you hurt my feelings by letting me know , I did not understand the law! My feelings were hurt, this is not the place for feelings or emotions or personalities.

I got more help and guidance here  than anywhere else , I managed to get all the way to trial de novo and they backed down . I could not afford a lawyer so I did it alone with you all...These forums are a wealth of information and courage, Sometimes I could see no way out the stress of 4 lawsuits was overwhelming ....I look at it like a big chess game ..

they move  then we move ...we win !

Thank you ...

Susan

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Kingjames,

I admire anyone who takes the time and effort to go prose and win. But you're missing an important point. If the jdb violates the fdcpa you wont have lawyer fees.

A good attorney will not only defend you against the lawsuit, but countersue for the fdcpa violation, and they get there attorney fees paid by the jdb.

I just finished a case, where the original cc was sold to a jdb, and they recently sued us. The debt was about 20k. I contacted a lawyer, he went over the case, found violations, got the jdb to extinguish the debt, take it off my credit reports, and pay my attorney's fees. Cost to me in money and time = zero. I could have pushed for a thousand for the violation, but I was happy just getting rid of it and having my attorney's fees paid.

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Clydesmom & King James  take it out side ....you both have been instrumental in helping people in the past ,  when I first got on this forum I knew nothing and you hurt my feelings by letting me know , I did not understand the law! My feelings were hurt, this is not the place for feelings or emotions or personalities.

I got more help and guidance here  than anywhere else , I managed to get all the way to trial de novo and they backed down . I could not afford a lawyer so I did it alone with you all...These forums are a wealth of information and courage, Sometimes I could see no way out the stress of 4 lawsuits was overwhelming ....I look at it like a big chess game ..

they move  then we move ...we win !

Thank you ...

Susan

 

Congrats on your victory.  We can win because JDB's are manipulating the law.  All we need to do is a little homework to acknowledge our rights.  My intentions were never to offend anyone.  "Clydesmom" is obviously too sensitive for a discussion.  She's lashing out at me because I disagree with her advice.  A thread is a platform for a discussion so we all learn in the end.  

 

Congrats for going at this alone.  I know it's a little scary at first, but once you unlock the laws you realize these scum bags aren't following the law.  Did you win all your suits?  That's all it is a chess match to see who will make a mistake.  It was quit fun if you ask me.

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Kingjames,

I admire anyone who takes the time and effort to go prose and win. But you're missing an important point. If the jdb violates the fdcpa you wont have lawyer fees.

A good attorney will not only defend you against the lawsuit, but countersue for the fdcpa violation, and they get there attorney fees paid by the jdb.

I just finished a case, where the original cc was sold to a jdb, and they recently sued us. The debt was about 20k. I contacted a lawyer, he went over the case, found violations, got the jdb to extinguish the debt, take it off my credit reports, and pay my attorney's fees. Cost to me in money and time = zero. I could have pushed for a thousand for the violation, but I was happy just getting rid of it and having my attorney's fees paid.

 

You're correct on that point.  Your suit was state court correct?  State court is a whole different ball game.  You have to do extensive research to fight that battle.  That battle can also be won pro se.  Congrats on that victory.  I love it!

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What must be attached to a complaint in Georgia Magistrate Court

 

 

Nothing! These scum bags are filing lawsuits with a BOS and a statement.  They don't even file an affidavit.  Their goal is to get a default judgement.  They have no intentions on arguing their case in court.  

 

In my state case, the JDB never filed an affidavit with the original claim.  I asked for the affidavit in discovery and they objected!  How the heck do you object a request for an affidavit?!  I knew at that point these fools were playing chess.  Two weeks before our day in court they sent me a letter saying I can come to their office to see the affidavit and electronic file.  I sent another request for documents, but they didn't respond.  I contemplated motioning to compel the affidavit, but decided to see them in court.  When we went to court the JDB attorney presented the letter as evidence.  He stated I received the letter and chose not to  view the affidavit or files.  I objected and made it aware to the judge a) the affidavit was never filed during the original claim B) I requested the affidavit twice during discovery to no avail.  I could have killed the lawsuit from the beginning by filing a MTD due to no affidavit to validate the evidence.  

 

Another point, in GA the plaintiff no longer needs a witness.  As long as the affidavit passes under the hearsay exception rule they can have the BOS, statements, and electronic files entered into evidence.  It will only pass if the affidavit is sworn by someone with personal knowledge.  In other words, it will never pass for a JDB!

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@KingJames

 

If the plaintiff is not required to attach an affidavit or any particular documentation to the complaint, then the defendant would not be able to file a motion to dismiss "due to no affidavit, lack of evidence, and failure under hearsay rule O.C.G.A 9-24-902". 

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Clydesmom, your propensity to start fights is becoming legend. There is a way to converse nicely without deriding the other posters.

 

Oh so you too have had a run in with Clyde!  She is obviously a trouble starter.  I don't know how we got to our conflict.  It's like she was baiting me to argue with her.  She is a sociopath.  She calls me a bigot, arrogant, and a sexist!  I'm like when did all that happen?  I never disrespected anyone.  I was raised on tough love.  If someone doesn't want to take a little time to research the law it's their fault.  You can't cry over spilled milk.  She is obviously an enabler who doesn't want to be accountable.  I just disputed her advice for Kobe who has already won in magistrate.  Kobe encountered some new challenges and needed advice on what to expect.  She tells Kobe hire a lawyer.  What!  Why?!  They know how to defend and win because they've done it before.  Why should they waste money on something they can do them self.  Then she becomes belligerent.  Ranting about how I'm offending the world.  Smh... 

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@KingJames

 

If the plaintiff is not required to attach an affidavit or any particular documentation to the complaint, then the defendant would not be able to file a motion to dismiss "due to no affidavit, lack of evidence, and failure under hearsay rule O.C.G.A 9-24-902". 

 

How can a plaintiff enter hearsay documents into evidence without an affidavit?  No affidavit, no evidence, no claim

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How can a plaintiff enter hearsay documents into evidence without an affidavit?  No affidavit, no evidence, no claim

 

GA courts don't help defendants.  They leave the playing field leveled.  They leave it up to the defendant to acknowledge the discrepancies.  

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Kj,

Mine didnt even get that far. I received a summons in district court. Contacted a lawyer. They did discovery back and forth, and the thing is, they didn't have nothing, but the evidence they had was flawed in a court/legal sense. So based on that and the things my lawyer said we would require them to produce in court, my lawyer said extinguish the debt, clean credit reports, and pay all our legal bills. He actually suggested we could get money in our pockets for the violations, but I didn't care about that, I just wanted it done. If I had tried to go pro se, I wouldn't have known how to argue their evidence was flawed.

I'm not saying don't go pro se, but realize a good lawyer will not let you lose a case that you shouldn't lose based on procedure and proper arguments. And if you have a violation against you, you get your lawyer fees paid by them.

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I am making this post mostly for those who are are new and are trying to figure out what to do when they get sued.

 

1. Every state has different court rules and almost every local court conducts things differently. Then it comes down to the judges. Some are fair, some seem like they are working for the banking system and a few are fed up with the collection industry using the system as a source of never ending revenue. So understand that anything can happen depending on where you end up. 

 

2. Every individual is different. Some are more knowledgeable about the law than most attorneys, while others don't understand the basics of the most simple court procedures. This is not always the result of the effort a person puts forth, but more about their abilities. Some are willing to argue with a wall and others are afraid to speak in public. The most important advice I can give it to understand your strengths and limitations. 

 

In other words no two situations are the same. You can take the most experienced hard working person and in some courts the judge will rule against them regardless of the law. In other situations people show up completely clueless and the case will get dismissed.  Way too many variables are in play for any one person to know what the outcome of a case when/if it goes to trial. 

 

That is why is important for some to hire attorneys, if they can afford them, while others are fine going pro se. If you are in a state where a de novo trial is available and affordable it makes this a much easier decision to make. In some states you are screwed if you lose, so the risk is much higher. Of course when you have FDCPA or other violations it makes the decision much easier to make. That being said I always suggest everyone speak with an experienced attorney before they do anything. Please note I said experienced, not just an attorney or a consumer attorney. You have to research attorneys just like any other professional in life before you get any type of advice.

 

Disclaimer: I have always gone pro se in local/state court and with an attorney in federal. I am not one who post online to brag like many do, but I am experienced. When it comes to any legal matter always consult an experienced attorney even if you don't hire them. When you get on the federal level always use an attorney, because it is your greatest leverage in winning. 

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Yes you can defend yourself in court but you open up yourself to:

 

Huge discovery battles

hostile questioning in court without aid of objection

less respect for procedure

and all out prejudice

 

If you cannot afford an attorney, well you better cut and paste from here. If you can afford one it might be the better option as an attorney can make them go away quicker. So it would seem you both are right and it is up to ultimately the member to decide. Life is easier with an attorney, but if you have to go without one, It is best to find what you need here

 

For the record I enjoy tea and romantic comedies, and it does calm me down so I recommend EVERYONE drink some tea and stop fighting amongst ourselves. I do recommend that if you are going for an attorney make sure they have debt collection defense experience.

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Hi KingJames I appreciate your insight and encouragement as well. I know i do get a little nervous speaking in public but i don't have the money to hire an attorney so i will defend myself. My question now is do i get to appeal if i am successful if it goes to trail? I read someone mention it but i have not been able to confirm. I am a resident of Fulton county Ga and the case in Magistrate court 

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@KingJames

 

 

If the court does not require an affidavit or evidence to be filed with the complaint, then how would one claim that nonrequired evidence should result in a dismissal?

 

My point is, how can a plaintiff submit evidence that they have no personal knowledge too?  They need an affidavit to validate the evidence.  No affidavit, no claim. The courts don't press the issue because we the defendants are suppose too.  In my state case, I objected to the late introduction of the affidavit.  When I received my judges order it clearly stated I was correct with my objection.  

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Hi KingJames I appreciate your insight and encouragement as well. I know i do get a little nervous speaking in public but i don't have the money to hire an attorney so i will defend myself. My question now is do i get to appeal if i am successful if it goes to trail? I read someone mention it but i have not been able to confirm. I am a resident of Fulton county Ga and the case in Magistrate court 

 

There are several large counties in GA where the Magistrate Court is actually run by real judges who generally adhere to the law.  Fulton, Gwinnett, Clayton, Dekalb, and Cobb.  It is also where the most consumer attorneys are concentrated.  Most if not all consumer attorneys will do the initial consultation for free (many times by phone) and give you an initial opinion as to whether they believe there are FCDPA violations for a counter claim where they can take the case on contingency where you don't pay up front because the JDB will be paying their fees.  

 

Here are a couple of them that are KNOWN to take on law firms like L&J or Fred Hanna:

 

http://www.fairusenotabuse.com/

http://www.skaarandfeagle.com/

 

Typically what happens with Hanna is if you file a well worded response he folds before trial date.  If the response the defendant files is weak he will show on trial date hoping for the no-show defendant automatic default.  If their lawyer sees you there and you refuse to agree to a consent judgment they come back and hand you a dismissal.  L&J is erratic and tougher to predict.

 

Do not let one person or their side kick spewing venom about hiring an attorney being the absolute wrong thing to do deter you from consulting a lawyer.  There are at least a dozen or more excellent NACA consumer lawyers in the Atlanta area that do nothing but help consumers handle these bottom feeders.  There is absolutely NO reason to go into court on your own if you can get a lawyer to take the case for free and make it go away where you not only never have to go to court but the JDB may end up paying YOU.  MANY MANY people have had great results with a lawyer and it may not cost you anything to hire one.

 

If they can't take the case on contingency then you will know exactly how much preparation you need to do.  One thing I recommend to anyone representing themselves is that you go down to the Magistrate Court where your case will be heard and watch a half day of the cases that actually go before the Magistrate.  There won't be many and it won't take long because the majority are default judgments.  It will give you an idea of the "flavor" of the court room and how the Magistrate runs the cases so you know what to expect if it gets that far.  

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Hi KingJames I appreciate your insight and encouragement as well. I know i do get a little nervous speaking in public but i don't have the money to hire an attorney so i will defend myself. My question now is do i get to appeal if i am successful if it goes to trail? I read someone mention it but i have not been able to confirm. I am a resident of Fulton county Ga and the case in Magistrate court 

 

Don't worry they will dismiss.  Just file your denial answer and make them prove their case.  They won't because they can't.  It's a lot of behind the scenes paper work that you will never see.  They do have the evidence, but their unable to uses it due to client confidentiality clauses.  It's called a forward flow agreement.  

 

In magistrate, if you lose you automatically get an appeal.  If that occurs your case moves to state court.  I'm not going to say you won't have to speak in court, but it's very unlikely in magistrate.  Just like your previous win you will win this.  Just take the same steps you did before.  The evidence they submitted won't hold up in court so they will dismiss with prejudice.

 

State is a whole different ball game.  They wish they could get your case moved to state so you will go through discovery.  A lot of defendants botch discovery so the plaintiff thinks they have the upper hand.  Not as simple as magistrate, but that too can be won.  I would advise seeking an attorney at that point.  I know this is redundant info just elaborating on the process.     

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@KingJames

 

 

My point is, how can a plaintiff submit evidence that they have no personal knowledge too?  They need an affidavit to validate the evidence.  No affidavit, no claim. The courts don't press the issue because we the defendants are suppose too.  In my state case, I objected to the late introduction of the affidavit.  When I received my judges order it clearly stated I was correct with my objection.  

 

 

Unless the rules state otherwise, they can wait and submit their affidavit with an MSJ.  My point was that a motion to dismiss is not usually based on the lack of authentication of evidence. 

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Yes you can defend yourself in court but you open up yourself to:

 

Huge discovery battles

hostile questioning in court without aid of objection

less respect for procedure

and all out prejudice

...

I would expect most of that.

 

All I really ask is that a court of "law" actually comply with the law and the rules. Routinely that appears to be asking to much of the court. Knowing that to be the case I am loathe to play in a non-appealable forum.

 

I really don't want to be involved in litigation when the law and the facts are not favorable to me. In a OC/JDB collection case they routinely favor the defendant (a year or two litigating as a  plaintiff will quickly enlighten one as the the veracity of such a claim). I do not rely on the court to understand that reality and apply the law and rules appropriately. That is a significant reason some should consider bringing representation to their fight. It is also the primary reason that my purpose in participating in a trial court is more about making my appealable record instead of trying to prevail. I would demand my representative do the same.

 

Representation is just a tool like many other tools available. It is not a magic bullet. There are no magic bullets.

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I have had a win in court. And I am in the midst of another court case, right now.

 

Different attorneys represent different JDBs. Some are painfully incompetent. Some are competent. I would, of course, rather fight the first, but no one gets the choice. 

 

I would, of course, also prefer to deal through an attorney. This is not my job, not my hobby and not something I take pleasure in. Yes, I feel pride in having learned enough to make a good showing in a court of law as a pro se. But not everyone is willing or able to do that, and even for those who are, for most of us, it's something that we'd prefer to avoid. 

 

If you think that you have violations against the collectors and/or the JDB, by all means, save your time, your sanity and your digestive system and contact a naca attorney. 

 

Clydesmom may be abrasive, but she nearly always knows EXACTLY what she's talking about. I recommend taking advice from an abrasive knowledgable person, myownself.

 

In this forum, my feelings get set aside in favor of ONE thing: learning what I can as fast as I can in order to win. Funny, it's usually the ones who add the most Caution signs to their posts who give the best advice.

 

@Kobe: you may believe that you can't afford an attorney. You may be surprised. Find out what one hour of consultation gets you. It could be what you need to win. The size of your lawsuit makes it imperative that you fight smart. Bringing a doberman to a dog fight is way smart.

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...

Different attorneys represent different JDBs. Some are painfully incompetent. Some are competent. I would, of course, rather fight the first, but no one gets the choice. 

 

I would, of course, also prefer to deal through an attorney. This is not my job, not my hobby and not something I take pleasure in. Yes, I feel pride in having learned enough to make a good showing in a court of law as a pro se.

...

I was thinking I may be able resolve collection litigation quicker with a more expensive and competent DC attorney An opposing attorney that might be loathe to place lies in the court record, one that understands the law, rules, and facts are not favorable to their business partner/client and one that might be reluctant to argue distinguished case law in the court record. IDK

 

I am not overly-pleased with the ~2 years it takes to prevail against the DC attorneys in the 2-3 hundred dollar per hour billable range. I would prefer to being doing something else with a good chunk of that two years.

 

As to abrasive and annoying people, I occasionally learn something from opposing counsel. :-)

 

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