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Fighting MidLand in Fulton County, Georgia


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Who is the named plaintiff in the suit?

Midland Funding, LLC.

 

2. What is the name of the law firm handling the suit? Paperwork says Greene & Cooper, LLP but court docket says Calvary SPC

 

3. How much are you being sued for?

$820.63 plus $76.50  in court costs

 

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

G.E. Money Bank

 

5. How do you know you are being sued?

Served by Fulton County Marshall

(You were served, right?)

 

6. How were you served?

Spoke to Marshall after missing them at home. Papers left on doorstep afterwards.

 

 

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?

 

None

 

9. What state and county do you live in?

 

Fulton County, Georgia

 

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

 

The SOL for this debt is 6 years.

12. What is the status of your case? Served.  About to file answer.

 

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

 

Original creditor is not on my report.  Have not disputed Midland's collection post.

 

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.

 

15. How long do you have to respond to the suit?  2 days

 

1. Defendant resides in Fulton County and is subject to the jurisdiction of this court.

 

2, Defendant is indebted to the Plantiff in the sums of $820.63, principal and $76.50 costs to date as follows.

 

The defendant is indebted to the Plantiff in the amounts stated above and all future costs of this action.  Midland Funding Purchased this account.  The original credit grantor is GE Money Bank. The original account number is ____________.

 

16. What evidence did they send with the summons?

 

- Pre-legal notice from Midland, with a "statement" from them (not OC) with original account number, creditor, and tacked on interest of $229.97 at a 24.9% interest. Total on this doc is $1,050.60

 

- Documents regarding merger of Equable Ascent Financial and Hilco Recievables, LLC

 

- Bill of Sale between Equable Ascent Financial and Midland

 

- Generic spreasheet print-out from Midland records stating account info and $820.63 amount.

 

- Affidavit from Emily Walker, "employed as a legal specialist and have access to pertinent account records for Midland Credit Management" etc, etc.

 

 

I FEEL RATHER CONFIDENT ABOUT FILING AN ANSWER, BUT WELCOME ANY SUGGESTIONS FOR ANSWERS AND AFFIRMATIONS. 

 

ALSO, THE PLANTIFF USED A VERSION OF THE STANDARD  FULTON COUNTY FORM ( here: http://fultonstate.org/files/civilsummons.pdf ) BUT FAILED TO CHECK A BOX STATING THE TYPE OF CLAIM IT WAS.  WONDERING IF I COULD USE THAT TO MY ADVANTAGE?

 

THANKS TO ANYONE WHO RESPONDS AND TO ALL THE GREAT POSTERS ON THIS SITE!!!!

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Greene and Cooper is no slouch agency.  They are not robo-filers like Hanna or Lazega and Johanson so you will need to do your homework.

 

Your answer does not need to be complicated because GA does not allow discovery, requests for admissions, or interrogatories in Magistrate Court.  ALL of it is conducted at trial.

 

1.  Admitted:  Defendant is a resident of Fulton County GA therefore is subject to the jurisdiction of this court.  (if that is true)

 

2.  DENIED:  Defendant has never entered into any contract or loan with the Plaintiff and no proof of a debt from Defendant to Plaintiff has been provided.  Failure to state a claim for relief in the complaint as filed.

 

Then go to Fulton County Court and watch some debt collection cases.  I would attack the sale from the OC to the first JDB (they have no paperwork on that) and I would also attack that the MIdland employee cannot testify to the records of GE, Equitable Ascent, or Hilco.   

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Thanks so much @Clydesmom ! I will take your advice and keep it simple. Ive been down to the court to observe a couple of times-great suggestion. Great input!

Sorry everyone.... Somehow the third claim was deleted:

3. WHEREFORE, Plantiff demands judgement against defendant in the amounts as alleged in paragraph 2 herein.

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This was posted by ASTMedic.  You may find the info by Jill Sheridan useful, even though this was before the new GA Rules of Evidence went into effect.  You can find more about that by a Google search of "new Georgia rules of evidence".  I recall there is a "flashcard" version online  that summarizes it well.

 

 

Jill Sheridan fought and won a similar credit card law suit in Gwinnet, Georgia against Midland Funding. She has posted tons of documents she used for her win on the following link:  http://www.scribd.co...winnett-Georgia  

 

Yours being a Georgia case, and virtually the same lawsuit, these templates should be extremely helpful for case law, procedures, and how to generate the correct forms and responses. 

 

You can also do a Google search for, Midland Funding vs Jill Sheridan and obtain more specific information from various other links. 

 

HP

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Also, I just won an appeal here, and guess who the affiant was???? Emily Walker. The superior court ruling was, that an employee of MCM  could not attest to the records of Midland Funding, much less the OC. Also I will PM you my e-mail if you could send me a copy of that affidavit, I am putting together a robosigning bill in my state.

 

The atty in my case sent me another woman's file by accident and Emily Walker had signed her affadavit the same day as mine.  However, it was for another bank altogether.

 

That Emily gets around!!!!!!  You will be fine . Just get everthing filed on time and mailed cmrrr to other side

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@jm1978 --

 

It sounds like you are well on your way to getting this one take care of.  You are on the right track.

 

These are things I learned in my cases:

 

 

 

Submit your Answers on time, denying their claims.  
 
If you have time, include a nice big Counterclaims document for multiple violations of FDCPA.  Once you do that, the plaintiff cannot unilaterally dismiss without you dismissing your counterclaim also.  Though it might be small, I still consider that leverage.
 
Show up for court!
 
When it is time to talk to the JDB attorney at court (pre-trial meeting usually done in the court room, or a meeting room, or a hallway), listen to the attorney and be respectful but also be FIRM that you do not appreciate what they are doing, that you know their documents cannot show that a legal assignment was made to the JDB, and that you don't appreciate the harassment from the JDB this has caused to you and your family.  All the lawyer wants to do is get you to admit you owe the debt and get a payment plan.  JUST DON'T DO IT.  Stand firm that what they are doing is wrong.  They will wave old credit card statements in your face and try to bully and shame you into it, but stand FIRM.  Those statements don't mean anything unless they have a legal assignment.   Georgia requires proof of a legal assignment.  Those documents they included in your summons are not sufficient proof under the law as far as I can tell.  Read my other post about that here :   http://www.creditinfocenter.com/community/topic/324372-how-i-lost-against-midland-funding-in-georgia-and-then-won/
 
 
The whole point of the JDB game is to get as many Default Judgements as possible.  They do not really want to deal with people who understand this is a big GAME, who submit Answers denying the claims, who submit Counterclaims, who show up for court, and who know their rights under Georgia law.   
 
The one good thing about the 2013 changes in the evidence rules is that JDBs can no longer just drop a load of papers and affidavits on you when you show up for court.  They have to SPECIFICALLY notify you in writing in advance if they want any evidence introduced just based on an affidavit from a "records custodian".  (One JDB attorney this year got creative and listed their OCGA 24-9-902 (11) notice as a line item in the complaint they sent me.)   They also have to give you the opportunity to review all the evidence before the court date.  Then you have time to prepare and tear apart the affidavit line by line.
 
Tell the attorney the only option is for them to "dismiss with prejudice", otherwise you will be happy to tell the judge what you think and let the judge decide who is right, especially since he will not be allowed to present any evidence if he did not follow the new law   OCGA 24-9-902 (11)  and notify you in advance.
 
 
(One poster recently got  a case thrown out of court simply because the Emily Walker affidavit said she was an employe of MCM instead of Midland Funding.)
 
 
Some counties still specifically state in the summons documents that affidavit testimony is not even allowed in magistrate court.  Parties must have live witnesses.  I don't know how the courts deal with the contradiction of  OCGA 24-9-902 (11) and the fact that magistrate courts require live witnesses.  My cases all got resolved before a judge ever answered that question for me.
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  • 2 weeks later...
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The changing of the rules of evidence in Georgia makes it easier for a debt buyer to present an affidavit to authenticate business records without presenting a live witness.  Basically, the new rules allow this affidavit authentication as they would do under the federal rules of evidence.  The application of the new rules of evidence in Georgia proceedings isn't a huge game changer but it certainly makes it easier for debt buyers to try and bring in business records (terms and conditions, credit card statements, etc) from original creditors and get away with it if a pro se does not know how to raise proper objections.  

 

If you are a georgia resident, you may find it very useful to attend the free debt collection consumer clinic at the Decatur Library.  Consumer lawyers volunteer and give a presentation on debt collection lawsuit defense and talk to participants one on one about their case for free.  Here's a link to the dates and times for the clinic: http://www.atlantadebtdefense.com/debt-collection-consumer-education-clinic/ 

 

PS - Jill Sheridan's case was a re-filing of a case that was original dismissed without prejudice in Magistrate Court.  

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