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Being sued by Midland in GA ... Help!


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I've been served in Magistrate Court of Cobb County by Midland Funding. My question is how do I file an Answer when there are no numbers to reference? I've searched this site and googled else where for a sample but am having trouble locating a sample that does not reference numbers. Additionally, how do I find out when hearings are being held in my court? I'd like to go sit in on a few of these cases but can't get anyone on the phone and obviosuly am using the wrong search terms to locate the times of hearings.

 

 

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.) Green & Cooper, LLP.

3. How much are you being sued for? 1,500

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

 

5. How do you know you are being sued? (You were served, right?)     I was served at my home on March 12 
  
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?     Request for debt valitity but did not keep copies. Other than that none.

 

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  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   looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  Statement of claim served Mar 12. I have not filed my answer yet.

 

 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  Yes, only with JDB.

 

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.   Yes, but stupid me didn't keep proof.

 

 

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I am here!  The Snob County Magistrate Court Calendar only lists criminal hearings on line.  The easiest way to observe is answer the complaint and then when you are given a court date go on the same day of the week and time as your date (but sooner) and observe.  Generally the same types of cases are booked the same day of the week and the same time.  Start with this information below then post back with additional questions.

 

Before answering give a quick call to this NACA law firm they may be able to help at low or no cost:  http://www.fairusenotabuse.com/players/debt-collection-lawyers/

 

Start by reading this:  http://magistrate.cobbcountyga.gov/v6/downloads/intro_smallclaims.pdf

 

You can file your answer on line here:  https://cobbmagistratecourt.org/EANSR/html/eAnswerHome.html

 

What happens after the defendant is served with the Statement of Claim?

The defendant has thirty (30) days from the date of service to file an answer with the Court. The day after the date of service is counted as day one. If the thirtieth (30th) day falls on a day when the Court is closed (a weekend or legal holiday), then the answer is due on the next day the Court is open.

Can the defendant file a late answer?

On the thirty-first day after service on the defendant, the case goes into default. However, the defendant has additional fifteen (15) days to open the default by filing a late answer and paying all court costs along with the answer. No Answer may be filed beyond the forty-fifth day following service.

How does the plaintiff know that an answer has been filed?

The defendant must serve a copy of the Answer on the Plaintiff. Either personal delivery or first class U.S. mail may be used to file an Answer and all subsequent pleadings (court filings).

What happens after the defendant has filed an answer?

Once the defendant files an Answer, the Court will schedule the case for trial within a few weeks. All parties will receive notice by regular U.S. mail notifying them of the date and time of the trial.

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Also, check the Statute of Frauds in your state. See if it covers all "credit agreements". If it does, then you can see what constitutes an enforeable, prima facie credit agreement. If JDB does not have all the parts required by your Statute, the alleged credit might be "void" or unenforceable. Keep things simple if you can. Good luck!

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Also, check the Statute of Frauds in your state. See if it covers all "credit agreements". If it does, then you can see what constitutes an enforeable, prima facie credit agreement. If JDB does not have all the parts required by your Statute, the alleged credit might be "void" or unenforceable. Keep things simple if you can. Good luck!

 

It doesn't and that wild goose chase will fast track the OP to a summary judgment.  If you are not familiar with Magistrate Court in Georgia you need to stay out of it because there are idiosyncracies to that court system that are a land mine if you don't know about them.

 

@InProSe

http://law.gsu.edu/pmilich/fall02/Ga_SOF_prac_prob.htm

The first result listed for "Georgia Statute of Frauds".

13-5-31 (2) and (3) should be of particular interest.

 

That is a law school practice problem NOT a quote of Georgia Statutes.  Please do not follow that wild herring.  In the law the statute of frauds generally applies to the sale of goods but more important LAND.  InProSe may have slid that nonsense past an inexperienced Judge in nowhere Utah but experienced judges won't fall for it.  The statute does NOT cover credit card debt.  Read the actual Statute here:

 

Georgia’s Statute of Frauds requires that certain contracts be in writing in order to be enforceable.  Specifically, O.C.G.A. § 13-5-30 states the following contract must be reduced to writing:

(1)    A promise by an executor, administrator, guardian, or trustee to answer damages out of his own estate;

(2)    A promise to answer for the debt, default, or miscarriage of another;

(3)     Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19;

(4)     Any contract for sale of lands, or any interest in, or concerning lands;

(5)     Any agreement that is not to be performed within one year from the making thereof;

(6)     Any promise to revive a debt barred by a statute of limitation; and

(7)     Any commitment to lend money.

 

O.C.G.A. § 13-5-31 refers to ORAL contracts that can be enforceable in Georgia.  It has NOTHING to do with credit card agreements.

@Clydesmom Thank you so much! I'm going to start writing my answer and call the lawyer in the morning.

 

 

 

What is your take on calling the JDB's lawyer and stating you are no longer employed? Couldn’t the law firm easily find out this is not true?

 

The ONLY thing the JDB attorney is interested in is whether you are paying them or not.  They don't care about anything else.  The law firm suing you is a bottom feeder right up there with Freddie Hanna and Lazega and Johanson.  There are plenty of consumer attorneys in Atlanta and Cobb willing to take on this firm because they violate ALL the time.  They may even take the case at no cost to you so do not assume you can't afford them.  

 

You are in luck in that you are in a wealthy county with actual Judges as Magistrates and not inbred elected officials in a rural good ole boy network.  G&C is interested in the default judgment and when they see you show up will likely dismiss but there are no guarantees.  If you wish to chase the "statute of frauds" (it will NOT work) due so at your own peril.  Keep in mind the person giving that advice is in UTAH and has ZERO knowledge of the GA courts and how they run let alone GA laws.

 

Post back when you are ready for the next part.

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@InProSe

 

Your keywords there were "in Utah". You have posted the same advice for Illinois and Georgia where your advice is not applicable and therefore flawed. If a fellow pro se defendant were to use your advice or take it as gospel, they could find themselves in a legal pickle. Our job is to help fellow pro se defendants be competent and use relevant case law, statute and procedure. If a quick Google search prior to post would help avoid spreading misinformation, I'm all for it.

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That's why I disclosed it...I was hopeful other states may have the same safeguard for credit agreement consumers. Now all the "experts" know Utah has a special protection for the Defendant to shield himself with...with the distinction being clearly made, Utahans can keep it simple and on point.  

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@InProSe

 

North Star Capital Acquisitions v. Haring (http://www.nclc.org/images/pdf/unreported/Haring.pdf) is the case you have referenced in Utah to support your position.

 

Page 6 starting at point 14 in the analysis section I think has some key information that the case may not be a cure all as you suggest. It doesn't appear to be universally applicable. North Star Capital Acquisitions had an evidence issue in regards to the evidence they presented and/or at issue is when the consumer received the written agreement. 

 

I do agree that this case would be applicable in defeating some Utah cases.

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That's why I disclosed it...I was hopeful other states may have the same safeguard for credit agreement consumers. Now all the "experts" know Utah has a special protection for the Defendant to shield himself with...with the distinction being clearly made, Utahans can keep it simple and on point.  

 

I went and read Utah's statute and I am not certain that a creditor couldn't beat your claim by showing the card agreement clause that states use of the card and signing the purchase receipt constitutes a renewal of the contractual agreement to pay.  

 

Do explain in which states Utah law applies other than UTAH?  Your lack of knowledge on the law is readily apparent and your tendency to resort to name calling and insults when challenged a veiled attempt to conceal your inadequacies.  

 

@InProSe

 

North Star Capital Acquisitions v. Haring (http://www.nclc.org/images/pdf/unreported/Haring.pdf) is the case you have referenced in Utah to support your position.

 

Page 6 starting at point 14 in the analysis section I think has the some key information that the case may not be a cure all as you suggest. It doesn't appear to be universally applicable. North Star Capital Acquisitions had an evidence issue in regards to the evidence they presented and/or at issue is when the consumer received the written agreement. 

 

I do agree that this case would be applicable in defeating some Utah cases.

 

This is EXACTLY why I read the statute for myself.  InProSe did exactly what a LOT of inexperienced pro-se defendants do:  they cherry picked out a sentence or two from a case to claim it applies to them and that is why they don't owe the money.  A statute of frauds defense requires great legal skill, a ton of research, and a lot of case law to back it up.  Not something that most lay people should be attempting.

 

Their biggest mistake is assuming the law in their state is how every state does things and a reckless disregard for the danger of that assumption to someone in another state facing a lawsuit.

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That's why I disclosed it...I was hopeful other states may have the same safeguard for credit agreement consumers. Now all the "experts" know Utah has a special protection for the Defendant to shield himself with...with the distinction being clearly made, Utahans can keep it simple and on point.  

 

This thread isn't about UTAH.  Georgia is no where near UTAH and you made a statement to use a defense based on a law you were "hopeful" about instead of doing the actual research.  I don't answer questions based on CA or AZ because their are some serious quirks to their laws that I lack the knowledge of.  You don't even have complete knowledge about UT but seem hell bent on applying  it to the other 49 states.  The OP in this thread could care less about what Utahans do in their suits.  It will not help them one bit.

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All points well taken. I see what's going on here. The veil lifted just a bit. But let all the JDB's attorneys know in this state that they have lots of explaining to do, and will have that opportunity, to all applicable authorities. None of their clients have SOF-friendly evidence to enforce their "void" claims!

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@InProSe

 

Your keywords there were "in Utah". You have posted the same advice for Illinois and Georgia where your advice is not applicable and therefore flawed. If a fellow pro se defendant were to use your advice or take it as gospel, they could find themselves in a legal pickle. Our job is to help fellow pro se defendants be competent and use relevant case law, statute and procedure. If a quick Google search prior to post would help avoid spreading misinformation, I'm all for it.

 

@elite1331 Thank you for pointing this out. It's already hard enought to make sure you are getting information that applies to your state let alone your county.

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@Clydesmom - Here is a copy of the Statement of Claim. It's still really throwing me off not to have the numbers but I'll post what I've put to gether for an answer next. Any and all suggestions WELCOMED!

 

MAGISTRATE COURT OF _Cobb__COUNTY, GEORGIA

Date Filed ___Feb 07 2014_____________ Case No: ___BLAH BLAH BLAH____________

 

Midland Funding LLC

Successor in interest to CitiFinancial

c/o Greene & Cooper, LLP

615 Colonial Park Drive Suite 104

 

Plaintiff(s) Name, Address

vs

 

Jerry JDB Slayer

123 They’re not going to win

Anytime, US 12345

 

Defendant(s) Name, Address

 

STATEMENT OF CLAIM

 

[ ] Suit on Note [ ] Suit on Account [ XX] Other /Contract

 

Plaintiff(s) claims the Defendant(s) is indebted to the Plaintiff(s) as follows:

                                                Principal:                              $1,500.00

 

That said claim is in the amount of $1,500.00, plus pre-judgment interest at the rate of 7%, plus post – judgment interest at the statutory rate and all costs of this action. Midland Funding LLC purchased this account. The original credit grantor is CitiFinancial. The original account number is *********1234.

 

_______ Illegible signature ______________________________ being duly sworn on oath says the foregoing is a just and true statement the amount owing by defendant(s) to plaintiff(s), exclusive of all set-offs and just grounds of defense.

 

Sworn and subscribed before me this  ________ day of _______________ 20______ (If Agent, Title or Capacity)

 

Notary Public/Attesting Official Day Time Phone Number

NOTICE AND SUMMONS

TO: All Defendant(s) You are hereby notified that the above named Plaintiff(s) has/have made a claim and is requesting judgment against you in the sum shown by the foregoing statement. YOU ARE REQUIRED TO FILE or PRESENT AN ANSWER (answer forms can be obtained for the above listed web-site or clerk’s office) TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE OR CLERK. If you choose to file your answer orally, it MUST BE IN OPEN COURT IN PERSON and within the 30 day period. NO TELEPHONE ANSWERS ARE PERMITTED. The court will hold a hearing on this claim at the ______________________________________________________, at a time to be scheduled after your answer is filed. You may come to court with or without an attorney. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them to court at the time of your hearing. If you want witnesses or documents subpoenaed, see a staff person in the Clerk’s office for assistance. If you have a claim against the Plaintiff(s), you should notify the court by immediately filing a written answer and counterclaim. If you admit to the Plaintiff(s)’ claim but need additional time to pay, you must come to the hearing in person and tell the court your financial circumstances. Your answer must be RECEIVED by the clerk within 30 days of the date of service. If you are uncertain whether your answer will timely arrive by mail, file your answer in person at the clerk’s office during normal business hours.

This ____________ day of ________________________, 20 ___ ___________________________________________________

Magistrate or Deputy Clerk of Court

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Here's what I have so far:

 

MAGISTRATE COURT OF Cobb COUNTY, GEORGIA

 

Date Filed __April 11, 2014_________                                                                Case No: ___BLAH BLAH_______

 

Plaintiff:

Midland Funding LLC

Successor in interest to CitiFinancial

c/o Greene & Cooper, LLP

615 Colonial Park Drive Suite 104

Roswell Georgia 30075

vs

ANSWER OF

DEFENDANT(S)

Defendant:

Jerry JDB Slayer

123 They’re not going to win

Anytime, US 12345

 

Defendant(s) request(s) trial at: [x] during normal business hours; [ ] 6:30 P.M. All conflicts between parties are set for 6:30 P.M.

Attorney conflicts during day-time calendars are automatically reset to the 6:30 P.M. calendar on the same date.

 

ANSWER / COUNTERCLAIM OF DEFENDANT(S)

[  ] 1.               I admit the claims of the Plaintiff.

[  ] 2.                I request a payment schedule.

[X] 3.                I deny the claim of Plaintiff(s) as follows: (Attach additional sheets as needed.)

 

  • I deny the allegation to be indebted to the Plaintiff.  Plaintiff is not the legal holder of the alleged debt and therefore, this action should be dismissed for lack of standing.

 

  • I deny the allegation in paragraph 3 - This request calls for admission of matter defendant has denied and thus it is improper

 

  • The complaint is conclusionary and fails to state a claim against which relief can be granted.

 

  • Plaintiff complaint is not grounded in fact nor does he have legal title to the alleged claim. 

 

  • Plaintiff falsely represents the character, amount, and legal status of alleged debt.

  

 

[ ] 4.                 I counterclaim against the Plaintiff(s) as follows: (You must include a brief statement giving reasonable notice of the basis for each claim contained in the counterclaim. Attach additional sheets as needed.)

 

 

__________________________ being first duly sworn on oath says the facts set forth in the foregoing Answer (and/or Counterclaim) are true and correct.

 

Sworn to and subscribed before me this _____ day of

 

___________________________, 20 ____.                                  _______________________________________

[ ] Defendant [ ] Defendant’s Agent         

 

____________________________________________

Deputy Clerk / Notary Public

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You do not need to be overly verbose in your answer.  I would state the following as the answer:

  • I deny the allegation of indebtedness to the Plaintiff.  
  • Plaintiff is not the legal owner of the alleged debt and therefore, lacks standing to pursue litigation.
  • Plaintiff falsely represents the character, amount, and legal status of alleged debt.

Read it carefully as I tweaked the wording a bit.

 

Plaintiff:

Midland Funding LLC

Successor in interest to CitiFinancial  

c/o Greene & Cooper, LLP

615 Colonial Park Drive Suite 104

Roswell Georgia 30075

 

I would remove this even though they filed it that way.  I would NOT state anything in my answer that acknowledges that they ARE the successor in interest to the account.  I don't care if they did file that way and actually that filing is improper.  They have to PROVE they are the successor in interest they cannot file on behalf of Citi which is how that reads to me.  

 

Were you able to speak to a consumer attorney yet?  You can file an answer before doing so simply denying the debt but you should really consider hiring a lawyer because Green and Cooper is not one of the bottom feeder firms on these kind of suits.  They actually have their stuff together and have a record of prevailing on the suits that are not no-show default judgments.

 

 

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You do not need to be overly verbose in your answer.  I would state the following as the answer:

  • I deny the allegation of indebtedness to the Plaintiff.  
  • Plaintiff is not the legal owner of the alleged debt and therefore, lacks standing to pursue litigation.
  • Plaintiff falsely represents the character, amount, and legal status of alleged debt.

Read it carefully as I tweaked the wording a bit.

 

Plaintiff:

Midland Funding LLC

Successor in interest to CitiFinancial  

c/o Greene & Cooper, LLP

615 Colonial Park Drive Suite 104

Roswell Georgia 30075

 

I would remove this even though they filed it that way.  I would NOT state anything in my answer that acknowledges that they ARE the successor in interest to the account.  I don't care if they did file that way and actually that filing is improper.  They have to PROVE they are the successor in interest they cannot file on behalf of Citi which is how that reads to me.  

 

Were you able to speak to a consumer attorney yet?  You can file an answer before doing so simply denying the debt but you should really consider hiring a lawyer because Green and Cooper is not one of the bottom feeder firms on these kind of suits.  They actually have their stuff together and have a record of prevailing on the suits that are not no-show default judgments.

 

 

 

 

I've read so much on the internet my eyes are starting to cross; just having another set of eyes is extremely helpful. Thanks for your help. I have not. I checked out the website to locate a phone number, then got caught in the rabbit hole of click and read. I'll take another stab at it tomorrow.

 

A friend of mine who’s a PI lawyer in SC suggested I call JDB's lawyer to tell them I was unemployed. It didn't sound right to me.

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A friend of mine who’s a PI lawyer in SC suggested I call JDB's lawyer to tell them I was unemployed. It didn't sound right to me.

 

You CAN call it just will not make any difference.  Especially not to that law firm.  The PI lawyer would care because if the defendant has no money it is a waste of his time because he won't get paid since he works on contingency.  The JDB lawyer gets a judgment and garnishes wages and bank accounts.  The other reason your buddy in SC would care is because SC is one of the few states that does not allow wage garnishment.  GA does allow it.

 

ONE more thing.  I noticed you elected during normal business hours.  DON'T.  The later the case the more likely they are to cave after a long day of litigation.  Something to think about.

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