Edit ~ Had court, again - UPDATE 2-17-15 ~ IT'S OVER!

[ixsellr8]

Fun Fun, being sued by Midland Funding, GA . I submitted my answer (denied all but my current address) and tomorrow is the day.

 

Court TOMORROW.

 

 

The only correspondence I have had since being served, then notice of court date(beside a guy who KNOCKED ON MY DOOR, ambulance chaser) one more package from midland funding since court date set, hoping they find me doing well, LOL... 

 

It is a notice about Plaintiff's intent to introduce some ****.  Sorry...I am frustrated...too much going on for this.  I am hoping I can win like others and just deny, deny, what debt?  I don't have a debt with you?  defense.

 

 

I'm nervous....I started to prepare then I don't want to be cocky and look like a fool.   So much advice but seems the best thing is just going in there saying 'what debt'.

 

Any words fer me before tomorrow?????  I have been reading here forever!

 

I got $100 bill for anyone who wants to show up and get me out of this...LOL!      I just can't afford lawyer and really..u knew what I have been through in life the last 3 yrs....I'm thankful I can even move and get to court for this.  I need stop complaining!

[Last one]

..

[Clydesmom]

It is a notice about Plaintiff's intent to introduce some ****.  Sorry...I am frustrated...too much going on for this.  I am hoping I can win like others and just deny, deny, what debt?  I don't have a debt with you?  defense.

 

THIS is going to be your biggest problem tomorrow.  That notice means you have to go view their evidence prior to the trial or you waive any objection to it.  It is the new GA Business Records laws and all they are required to do is notify you of their intent to use it.  If you do not avail yourself of the chance to examine it then that is deeming it admitted.

 

OBJECT, OBJECT, OBJECT.

Evidence is all Hearsay, Not Custodian of records. Never saw statements other than in this law suit.

Object when you need to or the Judge will allow.

 

Good Luck, you can do it!!

 

(I just won a Judgment ) 

 

GA is WAY WAY different that CA and under their new business records laws and RCP the objection will be denied if the defendant ignored their notice.  Sadly pro-se defendants do not know this so they often get screwed by this.

[ixsellr8]

OK.  I hear you.  Thank you more than words for replying.   

 

I understand what you are saying..however, how are they to know #1 I rec'd this 'packet' and #2 who would really understand this gobbly gook??

 

My shituation.  I am single mom, (not trying to do anything but get you to really see me and understand)..I honestly don't know if I owe this debt.  IF I do, I feel terrible, and people that I owe, not Midland Bully Funding, should be paid.   I DON'T HAVE IT.  I was in car accident in which my best friend, my love was killed.  I now lost everything...have PTSD (which I DIDN'T believe in, now I am being punished)..I am petrified to leave house.  I researched tooooo much about how deadly our roads are.  (I know I sound crazy, at this point I don't care, lol) 

 

So...they beat me via mail?  They can send this and because I didn't go 'look' (I HAVE TO GO EXAM??) at their paperwork (same thing they sent with suit via sheriff adding a few more typed cc statements) I am done?

[Goody_Ouchless]

Anyone find it strange that someone's first post is about an imminent court date, yet they are shucking and jiving? Wise up, people.

[debtzapper]

I do feel for OPs who have a trial in a day or two, but seriously, asking what do I do tomorrow is like asking how do I pass the chemistry test tomorrow?

[ixsellr8]

Snarkies......  I thought I had it...I researched like crazy, even a guy came to my house and I told him and he was impressed with how I was handling things.   I decided I would read around again this afternoon/eve, cause I'm nervous.  Not used to going to court, def. not something I have done but maybe once in my life.   Y'all are used to all this.  I just thought I'd write in and see what anyone thought, advice, etc.   

 

Mr Goody Ouchless. What do we need to wise up to? I have just been not thinking about this court date.  It's stressful!   I thought I had read enough, I even bought one of those people's kits, LOL, it didn't help much.    The most I see people beating this company is by saying they don't owe the debt..I decided that a month ago and now it's time to go in there....so I thought I'd post up where I had learned a lot and see what you all think.  

 

 

The worse that can happen tomorrow is they get a judgement against me....I have nothing, doesn't that eventually go away?   I lost everything when I had my car accident.....sold my home, lost job due to injuries, had been living off my retirement and that's now gone. I have no med insurance, no care and still trying to heal, inside and out, and now this company wants 8G from me.  

[ixsellr8]

Clydesmom......gobbly gook...lol.   This letter I rec'd doesn't tell me what to do, or that I have to respond....

 

I should have 'answered' this is someway too?    The first batch of paperwork came from sheriff with instructions.  I researched and answered.  This was just sitting on my kitchen table and still reading it I don't understand what it means or what I am supposed to do, or was supposed to do.  UGHHHHH.

 

Most I read was don't talk to them and admit anything, DO YOUR ANSWER then get court date AND GO TO COURT.

[ixsellr8]

And nooooow I get it...I shouldn't have just waited for court...I should have called a lawyer. HAHA.   Well, I can't afford a lawyer, and I can't afford this debt.   Really sucks that these companies can have 25 lawyers in the heading of paperwork I'm looking at and they can legally send me this stuff in FRENCH it seems and win because  it stated on the court website 'hire a lawyer or know the law" or you can lose...period.

 

I don't have money and don't know the laws and can't say I am the only one in these shoes.

 

Will suck if I come to find it wasn't my debt, someone else got this debt and they win cause I'm broke already....crazy!  PILE IT ON.

[Seadragon]

ask to see it in the hallway before trial and object to it. I think it is the same as A statement of witnesses in other states.

 

@Clydesmom is there a timeline for objecting to that in GA? Or does it just have to be viewed before trial?

 

I think the OP needs to brush up on objections at trial.

 

Lack of foundation

hearsay

lawyer testifying

irrelevant

 

I believe that you are not ready but take these steps, don't admit anything, think before answering, object when they try to introduce anything, And "I don't know", I don't recall" and Never saw this before the case. will go a long way.

 

Remember also plaintiffs lack personal knowledge, cannot authenticate 3rd party documents, and cannot base a case on mere hearsay.

 

Good luck tomorrow

[ixsellr8]

I was just sitting here thinking that SeaDragon....would it be too late to do something tomorrow?? In response to this notice of intent thing that I didn't realize I was supposed to do something, DUH.      and, back to my question (forget the 2nd one, not understanding the law is not an option per our local court site) but, the 1st question was, how can they be sure I rec'd this 2nd letter about the notice of intent??

[ixsellr8]

ask to see it in the hallway before trial and object to it. I think it is the same as A statement of witnesses in other states.

 

@Clydesmom is there a timeline for objecting to that in GA? Or does it just have to be viewed before trial?

 

I think the OP needs to brush up on objections at trial.

 

Lack of foundation

hearsay

lawyer testifying

irrelevant

 

I believe that you are not ready but take these steps, don't admit anything, think before answering, object when they try to introduce anything, And "I don't know", I don't recall" and Never saw this before the case. will go a long way.

 

Remember also plaintiffs lack personal knowledge, cannot authenticate 3rd party documents, and cannot base a case on mere hearsay.

 

Good luck tomorrow

Thanks more than words...I thought I was ready...I had read so much stuff and as mentioned order a 'kit'...blah blah.   I have 12 hours to figure this out.   I hate to give in...I kinda wished I hadn't come on and said anything, now I am glad I did.   It's better then not asking I suppose.

[Seadragon]

All is not lost. You have to look up the letter. What was the title to the letter? That will help to look into the timeline.

 

Here is some stuff to maybe help.

http://www.jmls.edu/diversity/pdf/2013-objections.pdf

http://www.naela.org/NAELADocs/PDF/NALI/BO%2011NALI%202013%20Debt%20Collection%20Hands%20On%20Practice_AL%20format_LINK.pdf

You are going to have to bring up that the bill of sale states that the records and information pertaining to the alleged account are not trustworthy or reliable and cannot survive the integrated records rule.

Also you have to object to each piece of evidence as hearsay within hearsay.

like this: Objection hearsay not conforming to exceptions.

When the lawyer is speaking saying her account this and her account that: Objection, lawyer testifying, Stating facts not in evidence

If they bring a witness: Objection, Not a percipiant witness, lacks personal knowledge, lacks foundational knowledge.

If the attorney is telling them what to say like this. So you looked at the records right. You say: Objec tion leading the witness.

So reviewing You have to look at all those papers and tell the lawyer that you object to all as inadmissible hearsay not conforming to exceptions. Don't let them bully you, think of acting like Mr. Spock from Star Trek and be respectful but firm. If the judge overrules your objection write it down and respectfully request the court to note the finding in the record.

You will have to look on here for trial witness questions

REDACTED QUESTIONS FOR PLAINTIFF'S WITNESS(ES).docx

[Seadragon]

Sorry wish we had more time to prepare. Make sure you have everything in a notebook.

[HelpingGreg]

We are rooting for your success in Georgia, and look forward to reading your post-trial update!

Warmly,

[fisthardcheese]

It's probably too late, but in GA Magistrate court you need to have a counter claim filed or bring a Motion to Compel Arbitration with copies of the credit card agreement showing arbitration.  

 

Any resistence like this will earn a dismissal, but not before the used car salesman of a lawyer tries to trick you every which way into a consent judgement agreement.

[Clydesmom]

ask to see it in the hallway before trial and object to it. I think it is the same as A statement of witnesses in other states.

 

@Clydesmom is there a timeline for objecting to that in GA? Or does it just have to be viewed before trial?

 

@Seadragon

 

This is a tactic that Green & Cooper and Lazega and Johanson use to get their spurious documents admitted without resistance by the court.  This is Magistrate Court which depending on the county may or may not be over seen by an actual judge.  If the OP has not made arrangements to review the documents prior to trial (added complication is discovery is not allowed in Magistrate Court) then the court deems them accepted by the defense and admits them.

 

The OP should object anyway but at this late stage teaching her what she needs to know along with the case law is nearly impossible.

 

Remember also plaintiffs lack personal knowledge, cannot authenticate 3rd party documents, and cannot base a case on mere hearsay.

 

In "real" court sure but anything goes in Magistrate Court in GA unless you are in one of the large counties where the Magistrate is an actual judge and not an elected good old boy.  

 

I understand what you are saying..however, how are they to know #1 I rec'd this 'packet' and #2 who would really understand this gobbly gook??

 

They don't have to prove you received it only that they sent it to you.  As for understanding it the court expects that you will either hire a lawyer or educate yourself if you intend to represent yourself.  

 

My shituation.  I am single mom, (not trying to do anything but get you to really see me and understand)..I honestly don't know if I owe this debt.  IF I do, I feel terrible, and people that I owe, not Midland Bully Funding, should be paid.   I DON'T HAVE IT.  I was in car accident in which my best friend, my love was killed.  I now lost everything...have PTSD (which I DIDN'T believe in, now I am being punished)..I am petrified to leave house.  I researched tooooo much about how deadly our roads are.  (I know I sound crazy, at this point I don't care, lol) 

 

All very sad but the court will not consider any of it.  This isn't personal for the court it is business.  

 

And nooooow I get it...I shouldn't have just waited for court...I should have called a lawyer. HAHA.   Well, I can't afford a lawyer, and I can't afford this debt. 

 

Legal aid represents defendants for free.  You could have called them.  Also there is a class at the Dekalb library run by lawyers to help consumers fighting debt cases on their own because they cannot afford a lawyer.  This class is also FREE.  There were many options instead of reading and assuming.  We are trying to help you but you shoot down every suggestion.

 

The worse that can happen tomorrow is they get a judgement against me....I have nothing, doesn't that eventually go away?   I lost everything when I had my car accident.....sold my home, lost job due to injuries, had been living off my retirement and that's now gone. I have no med insurance, no care and still trying to heal, inside and out, and now this company wants 8G from me.  

 

If the finances are that bad simply let these clowns get a judgment then use Legal Aid to file bankruptcy on them so they collect NOTHING.  That is the ultimate revenge.

[Seadragon]

Is it possible to appeal from magistrate court? make all the objections in court then appeal if you lose. The key is to object to their hearsay documents because they lack foundation.

 

I think if you have time look up evid code 5-802(6 &7) and 5-903(11) and for a case Loraine v. Markel

http://en.wikipedia.org/wiki/Lorraine_v._Markel_American_Insurance_Company

If you do not win, try to appeal. I will help with that, soldiers fight on. Do your best and make sure to object to preserve issues for appeal.

[Seadragon]

@Seadragon

 

This is a tactic that Green & Cooper and Lazega and Johanson use to get their spurious documents admitted without resistance by the court.  This is Magistrate Court which depending on the county may or may not be over seen by an actual judge.  If the OP has not made arrangements to review the documents prior to trial (added complication is discovery is not allowed in Magistrate Court) then the court deems them accepted by the defense and admits them.

 

The OP should object anyway but at this late stage teaching her what she needs to know along with the case law is nearly impossible.

 

 

 

In "real" court sure but anything goes in Magistrate Court in GA unless you are in one of the large counties where the Magistrate is an actual judge and not an elected good old boy.  

 

 

They don't have to prove you received it only that they sent it to you.  As for understanding it the court expects that you will either hire a lawyer or educate yourself if you intend to represent yourself.  

 

 

 

All very sad but the court will not consider any of it.  This isn't personal for the court it is business.  

 

 

Legal aid represents defendants for free.  You could have called them.  Also there is a class at the Dekalb library run by lawyers to help consumers fighting debt cases on their own because they cannot afford a lawyer.  This class is also FREE.  There were many options instead of reading and assuming.  We are trying to help you but you shoot down every suggestion.

 

 

If the finances are that bad simply let these clowns get a judgment then use Legal Aid to file bankruptcy on them so they collect NOTHING.  That is the ultimate revenge.

I hate that they do this, I agree that it is harsh but can be overcome. Unfortunately in this case time was the enemy. Objecting to the evidence and to lawyer testifying will go a long way.

Citing Lorraine v. Markel will help

Citing In re: Vinhee may help also Google it

by my reckoning she has an hour before court look up those two cases

[Clydesmom]

Is it possible to appeal from magistrate court? make all the objections in court then appeal if you lose. The key is to object to their hearsay documents because they lack foundation.

 

I think if you have time look up evid code 5-802(6 &7) and 5-903(11) and for a case Loraine v. Markel

http://en.wikipedia.org/wiki/Lorraine_v._Markel_American_Insurance_Company

If you do not win, try to appeal. I will help with that, soldiers fight on. Do your best and make sure to object to preserve issues for appeal.

 

@Seadragon  Yes.  One can appeal to the Superior Court and it is a do over but ALL the rules apply. It is NOT for the inexperienced.

[ixsellr8]

I'm home...I got a continuance, 60 days.

 

As everyone described....they had us (myself and lawyer for Midland) go to a room to discuss...the lawyer was another female (yes, I'm a girl, hehe) and she had a PILE of cases in her hands...she was clearly  more overwhelmed then I had felt.   She started by assuring me that we could get his worked out, I said, work what out? She replied with she noticed that I denied, denied, and denied, on my answer and I said yes ma'am.  She stated are you saying you do not owe this debt...I said yes ma'am, I know nothing of this, she said is this your address (home that I owned at time, but was rented out)  I said that is a home I previously owned but did not live there at the time of these statements, there were renters.    Then the lawyer from the dark side asked me if I am saying it's fraud, I said I do not know anything of this situation except for paperwork rec'd via sheriff 45 or so days ago. Lawyer asks if I want to go to trial or pursue fraud.....she asks if I will agree to 60 day continuance, I said sure....she explained she didn't have paperwork with her but they will send me an affidavit saying it's fraud?  

 

The paperwork the judge gave me only states that both parties agreed to 60 day continuance.   I can scan and email if anyone needs to see it.

 

Gotta cook supper now!  I will be back...thank you all who jumped in to help, as much as possible, at the late hour.   I didn't mean to not plan, I thought I did...I am ignorant to how all this goes down.   I know I am glad I decided to pop in and got the advice I did, when I did.  EPIC!   

 

FYI -There were 3 people ahead of me, 2 had already paid and just rec'd paperwork from atty/judge and one was working out a plan for payment. UGH.

[ixsellr8]

I added the paper from today...OH..it worked.  I uploaded it and I think its here for viewing now.

[shellieh98]

I wouldn't sign anything that says it is fraud. I would however state you do not recall an account with xxxx, and you were not living there. If they ask you in court if it is fraud, you just state the above, but still move in and question their standing to sue. They want to put it on you to prove the case, put it back on them.

[Anon Amos]

Exactly. Although fraud may be a strong part of their business model; you have made no such allegation nor do you have to speculate.

[Coffee_before_tea]

I wouldn't sign anything that says it is fraud. I would however state you do not recall an account with xxxx, and you were not living there. If they ask you in court if it is fraud, you just state the above, but still move in and question their standing to sue. They want to put it on you to prove the case, put it back on them.

 

This is where I believe the Truth in Lending Act can be used in your favor.  If it is unknown if the charges on the account are valid, then they are in question.  The determination of validity needs to happen before judgment, and the burden of proof falls upon the OC or their assignee.

 

USC 15 § 1643(  Burden of Proof.  In any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized use of a credit card, as set forth in subsection (a) of this section, have been met