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Midland Funding suing in Georgia


Jake4080
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I need help answering complaint filed in Liberty county Ga. Midland Funding is successor to Webbank. Complaint states that I owe $3065.40. Plaintiff's attorney is Greene & Cooper, LLP. What about arbitration clause? Is this something I include in answer to complaint? Please help.

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If this is Magistrate Court (99% chance it is), then you do not need to file a complicated answer at all.  In fact, the court website may even have an answer form you can fill out and file if you wish.  You simply want to deny everything they claimed in the complaint except for your name and address (if correct).

 

You can then assert your defense of private arbitration and not proper party in interest (chain of custody).

 

They will set a hearing date for about 30 days after the date you file an answer.  At the hearing, the judge will ask you to meet with the G&C attorney to try to work out a deal.  If this were me, I would have a MTC arbitration ready and a copy of the card agreement with arbitration in it. Give a copy to the attorney, telling him you plan to ask the judge for private contractual arbitration according to the card agreement.  I'm not sure how hard they will fight in your county down there, but generally in the northern counties this is the point that they give up and agree to dismiss - as long as you stick to your guns about demanding arbitration and don't let them talk you out of it with their scare tactics.

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So, argue for arbitration in my answer? Also, you are saying I don't have to file MTC before court date?

 

No.  Just answer with the denial.  You can file the MTC before the court date but the Magistrate will not hear it until the date of trial.  Magistrate Court does not allow discovery, interrogatories, RFAs, production of documents, or motions prior to trial.  You can file it but it will only land in the file and the Magistrate won't even look at it until the actual court date and it is your turn.

 

It is as FHC said:  you bring the motion with you and when you are sent to the hallway to try and settle it you inform the rent a lawyer that this is what you will be arguing.  They usually cave at that point.

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One more question, linda7 had a template to send the plaintiff and lawyer after summons before answer letting them know I will be pushing for arbitration. Should I send this too, or should I just wait until court date to file mtc?

Thank you guys again. I really appreciate your help.

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One more question, linda7 had a template to send the plaintiff and lawyer after summons before answer letting them know I will be pushing for arbitration. Should I send this too, or should I just wait until court date to file mtc?

Thank you guys again. I really appreciate your help.

 

Post it here.  Many people give advice based on what courts in their state do not realizing that all states do not follow the same process.  Magistrate Court runs on its own set of Rules of Civil Procedure and you may waste valuable time on a template that is pointless in the MC system.

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I really don't understand why arbitration is being pursued in cases like this. Anyone have a good argument for arbitration on an assigned credit card defense case?

 

Their goal is not to actually arbitrate but to make it so expensive that the Plaintiff/creditor drops the whole issue.  If the creditor does not drop it and it goes to arbitration it is virtually a guaranteed win.

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  • 2 weeks later...

I really don't understand why arbitration is being pursued in cases like this. Anyone have a good argument for arbitration on an assigned credit card defense case?

Yes. In small claims court you are facing a very good chance of losing. Magistrate court will accept flimsy, robo-signed affidavits as proof of standing and ownership. You will be screwed.

In arbitration you also face a very good chance of losing, however it makes it so expensive for the other side that 95% of the time they decide it is not worth spending more than they are suing you for to complete arbitration, so they dismiss.

 

On a $5,000 debt, a JDB pays maybe $50 to buy the account.  Then they sue you for the $5,000.  But if you get the court to order arbitration, then suddely it will cost the JDB a minimum of $10,000 to complete an arbitration hearing just to get $5,000 out of you.  When they only paid $50 to start with, they are very willing to drop your case and move on to easy default judgements that they won't lose money collecting on.

I will take the 95% dismissal rate any day over the 80% judgement rate in GA magistrate. That's just smart odds playing.

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