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Being sued by Midland in GA


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I am preparing to head to court today in response to a lawsuit filed against me by Midland Funding.  I have read a number of postings here and at other places, but of course, this is the first time for me going into court to face a JDB, so very nervous.

 

Before the court date, I filed with the court my Answers to the JDB.  Following the advice I found, I never admitted to anything at all.  The only thing I admitted to was the address they had for me was correct.  

 

I will be in court and I know never to admit to anything and to challenge everything they say.  I understand also not to sign anything they the JDB says I need to in order to talk with them.

 

What should I bring with me?  Discovery request?  Or am I waiting for a trial date to be set?

 

Thanks for any help, it is a scary time.

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1. Who is the named plaintiff in the suit? Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fredrick J. Hanna.

3. How much are you being sued for? 6,000

4. Who is the original creditor? ( if not the Plaintiff) Barclays Bank

5. How do you know you are being sued? (You were served, right?)     I was served at my home. 
  
6. How were you served? (Mail, In person, Notice on door)   In person
  
7. Was the service legal as required by your state?   Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?     Yes, I think the general Midland request for payments.

9. What state and county do you live in?     GA

   10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  Like 2009

11. What is the SOL on the debt? To find out:   6

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or      B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  Goes to trail today  

 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.   No, I filed an Answer.

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So, I found out my date had been changed, due to my own thoughts of 30 days, so now I have another 2 weeks!

 

I wrote up my Motion to Dismiss based on a number of errors and issues with the case.  My question is, do I file this BEFORE court, or do I hand it to the Judge when I am in court?

 

I also have written up my Motion to Strike some of the evidence that they provided.  Do I file this BEFORE court or hand it to the Judge?

 

I also have written up my Discovery for Midland, and again, do I file this BEFORE or hand it to the Judge?

 

I am not sure if I am tipping my hands by filing these 3 items before the case?

 

Thanks everyone

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Some observation of the court process in Gwinnett.

 

Cases are heard on Thursdays at night.  Once we were let into the court room, the fun began.

 

1.  At this point the Midland Funding lawyers started calling peoples names, and saying "Lets talk outside"

2.  While this was going on, the Judge would call different lawyers to the bench to take care of other cases.

3.  I stuck my head outside and saw each of the lawyers sitting outside with the people chatting with them.

4.  When they would come in, they would approach the Judge and sign some papers, and I could here "So, you will be paying $XXX per month"

5.  Next, I would see the lawyer smile and act like the persons best friend after this was done.

 

MOST IMPORTANT!!  

 

I almost got sick to my stomach at one point.  A Midland lawyer came and started talking with a lady behind me.  This lady had just lost her job, had 2 kids and was a single Mom.  The lawyer kept saying "I'm trying to help you here, I feel for you, and I want to do whats best for you, but I can't go below $XXX, plus there is interest on the money as well.  If you don't take this, it will be a judgement against you.  I understand and feel for you, but I can't go any lower then this.  Really, its your best move to take this offer, okay??"

 

OMG!

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One HUGE piece of advice I would give anyone, and me being a newbie to this is.

 

BEFORE you go to court, GO and watch the same type of court cases, so you can see how it works.  Once I was sitting in the courtroom, and going over my notes, I started feeling better and better about what I was doing.

 

I wish I could hire a lawyer and not have to worry about this, but using this board, a book I found about what to do, I felt good, scared, but good.  After sitting in the courtroom and seeing how these lawyers are just waiting for people to cave-in to what they are bullying them into, I felt confident about what I was doing.

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Magistrate

 

Double check:  bring the motions with you.  I don't believe you can file them in advance in Magistrate Court as it is less formal than Superior Court and they may only allow you to object to the evidence rather than a formal motion, same with the MTD.  You also can't do discovery or BOP either.

 

FYI:  courts in Gwinnett are VERY creditor friendly.  VERY conservative.  Magistrates there are very knowledgeable and likely attorneys and/or Judges unlike rural GA counties.  Make sure you have ALL your arguments ready (note cards to refer to case law), dress conservative and clean (no denim), and LISTEN to what they are asking you.  DON'T give away information that might help them by getting diarrhea of the mouth.  

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Great, now my nervousness is back :(

 

One of my reasons for the motion to dismiss is that it was filed as a Suit on Account, and not a Breach of Contract.  From what I found, GA law has upheld that a credit card account is a simple contract.  And as such, can not be a Suit on Account issue.

 

??

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Speaking of Suit on Account:

TRIAL ON SUIT ON ACCOUNT.

The key here is proper testimony to admit business records. A witness does not have to have personal knowledge of the correctness of the records or to have made the entry himself, but the witness must be familiar with the method of keeping the records.

 

The only witnesses to the business records are the affidavits, and I can not cross-exam an affidavits.  

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Since I have about 2 weeks, should I send out the standard Debt Validation letter?  I had not sent one of these out to them.  

 

Sorry for the questions, I am now trying to make sure I have everything I need in place.

 

DV is a waste of time now.  You won't even get an answer before the trial date.

 

Remember ALL those people speaking with lawyers before their case?  The whole goal is to get them to agree to pay.  If you stand up to Midland and appear to know what you are doing they typically cave.  You need to do ALL your research because there is NO appeal if you lose.  Does your credit card agreement allow for arbitration?  One way to get them to fold is to compel arbitration which they avoid due to the expense. 

 

I just noticed you are being sued by Georgia's notorious FJH.  Start calling consumer attorneys (use naca.net) because a couple hundred bucks for one to stand there will cause him to fold and dismiss.  He wants the default quick pay.  He generally folds when confronted with opposing counsel.  There are a LOT of attorneys who take great joy in going against him.  He will lie, cheat, and steal to win.  The GA AG has even gone after him he is so deplorable.

 

The key here is proper testimony to admit business records. A witness does not have to have personal knowledge of the correctness of the records or to have made the entry himself, but the witness must be familiar with the method of keeping the records.

 

The only witnesses to the business records are the affidavits, and I can not cross-exam an affidavits.  

 

No you can't but the major problem is about two years ago GA relaxed its laws on admitting affidavits and your argument isn't likely to work.  IT doesn't mean don't try just don't hang your hat on it.  In fact knowing that the law was changing FJH dismissed a lot of his cases and refiled under the new laws when he would have to prove less.

 

Consult a lawyer to nail this bottom feeder like he deserves.

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I have spent this evening into early morning reading and reading on this.  I have looked at a few lawyers that I am going to talk with.  But the thing I am wondering about is there a way I can just start filing paper after paper against FJH?  I have seen all the talk about "break-even" and I want to see if I can file enough papers before the trail that they will just look at how much they spent and end it.

 

After looking at the MC website FAQ, could I subpoena the FJH attorney's ALL of them to show up as witnesses?  I know I would have to pay mileage for them, but since there are supposed to be about 10 of them, hummm….

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I have spent this evening into early morning reading and reading on this.  I have looked at a few lawyers that I am going to talk with.  But the thing I am wondering about is there a way I can just start filing paper after paper against FJH?  I have seen all the talk about "break-even" and I want to see if I can file enough papers before the trail that they will just look at how much they spent and end it.

 

After looking at the MC website FAQ, could I subpoena the FJH attorney's ALL of them to show up as witnesses?  I know I would have to pay mileage for them, but since there are supposed to be about 10 of them, hummm….

 

NO.  Magistrate Court does not allow that.  It is Georgia's small claims division.  You cannot file a slew of motions or discovery.  You cannot subpoena the lawyers from his firm.  ANYTHING they know as his employees is protected by attorney client privilege.  

 

Even if you were in Superior Court filing a bunch of frivolous nonsense motions and attempting to subpoena witnesses that are not relevant will only anger the court and reduce your credibility.  You are WAY over thinking this.  Google his name and see how many ways there are to defeat him with or without a lawyer.

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The reason for subpoena all of his lawyers is to find out which one worked on my case.  From what I have read, he has about 10 lawyers and 400 employees and most postings say that the files are rarely reviewed by a lawyer, even though they should be.

 

That is NOT relevant to your defense.  ANY paperwork that IS relevant is related to the creditor not which employee pulled it together in the file.  

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So, I should be requesting copies of the paperwork that they have on me.  The Bill of Sale, has all the information redacted and has not amounts or names in it, so how can they say that is mine?  Also, the only account information is from the database, not the OC.

 

You object to that because it is hearsay.  Redacted records prove NOTHING.  They can't say it is yours and that is the problem.  No records from OC:  well then have you ever had a contract with FJH or the JDB?  No?  Then you don't owe them anything.  Show me the actual records FJH.  

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