debtzapper Posted December 3, 2014 Report Share Posted December 3, 2014 @ixsellr8 In my first post I was referring to the fact that this board often gets requests for help at the last minute, which makes hard to respond to them, both for the members here and for OPs like yourself. In your case, though, I can see you had a lot going on in your life. But, you did well today. You showed up and defended yourself. About 90% of debtors don't even appear in court. And you stood up to the lawyer and got a continuance. You didn't freeze up or cave in. That's something to be proud of. Whatever your personal situation may be in life, I think you've got the ability and determination to see this through. You've got 60 days to prepare. Members here will help you. 3 Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted December 3, 2014 Author Report Share Posted December 3, 2014 @debtzapper thank you for your kind reply. Oh, how I understand. I have been a administrator on the largest crime forum on the net for years, we have over 77000 posters (yes, really) I work online for a living, full time since my accident, on forums, volunteer PI. (my new forum will be live soon, anyone interested in working on cold cases?? LOL...hit me up) Karma, you all prove it, what comes around goes around. The help is more than appreciated. I will get ya back some how! I'm sure I can find something to do to help in return. I spend my life identifying remains of those unknown, all volunteer. My boyfriend recently said to me, YOU HAVE GOD's GRACE....I do....only because I do for others what I hope would be done for me. You all are amazing! Thank you so much. OK peeps....60 days. 60 days and maybe a new mission~! I would love to learn to help others in this same spot. I need a new project, outside of the morgue! Some can't afford lawyers and we need volunteers here local that can help. I am willing, I just need to be trained. I can learn anything! Put me to work! Personally, this case can't hurt me. I just hate bullies. EDIT for spelling and exhaustion. TIA for your patience with me. 1 Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted December 3, 2014 Author Report Share Posted December 3, 2014 what is OP? Quote Link to comment Share on other sites More sharing options...
debtzapper Posted December 3, 2014 Report Share Posted December 3, 2014 OP= orginal poster, someone like you who posts here for information. 1 Quote Link to comment Share on other sites More sharing options...
Seadragon Posted December 3, 2014 Report Share Posted December 3, 2014 We say OP because some people use very long names and we are lazy to type, that is why we have acronyms. 2 Quote Link to comment Share on other sites More sharing options...
Seadragon Posted December 3, 2014 Report Share Posted December 3, 2014 You need to read Georgia evidence code and civil procedure. That will help also those two cases I posted earlier. And prepare a motion to exclude evidence. we can help. But work on your wine tasting tonight. 1 Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted December 3, 2014 Author Report Share Posted December 3, 2014 I get acronyms...I just couldn't think it up, I figured it was 'me', but wasn't sure what the OP meant. You wouldn't believe the things I was coming up with! I am used to LE, ME, UID, OIC, DNA, PI, IIRC, FWIW, lmao. OMG I am tired. Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted December 3, 2014 Author Report Share Posted December 3, 2014 You need to read Georgia evidence code and civil procedure. That will help also those two cases I posted earlier. And prepare a motion to exclude evidence. we can help. But work on your wine tasting tonight.Tonight, VODKA. Thanks...I am going to read and research everything you are taking the time to post for me and others. Trust me! Tomorrow. 1 Quote Link to comment Share on other sites More sharing options...
debtzapper Posted December 3, 2014 Report Share Posted December 3, 2014 This tells about the free debt collection clinic in Decatur, GA. http://www.creditinfocenter.com/community/topic/324833-georgia-question-re-business-records-supported-by-affidavits/#entry1309672 @NormInGeorgia is another GA member who may be able to advise you. Also, if you have saved any debt collection voicemails and letters from Midland, it's possible (I don't know for sure) you may have some FDCPA violations for which you could sue Midland. Consumer lawyers won't charge you to take a FDCPA case if they think you have a valid claim. You can find lawyers at www.naca.net You can also google the law firm of Skaar and Feagle in Atlanta, one GA's best consumer law firms. 1 Quote Link to comment Share on other sites More sharing options...
debtzapper Posted December 3, 2014 Report Share Posted December 3, 2014 The next debt collection clinic is December 16, 2014 from 5:30 to 7pm. Address in the link in my post 3 Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 3, 2014 Report Share Posted December 3, 2014 Some can't afford lawyers and we need volunteers here local that can help. I am willing, I just need to be trained. I can learn anything! A great idea but won't happen because it is the unlicensed practice of law. Even these forums are border line on that part. Do go to the clinic at the DeKalb library and speak to legal aid ASAP. 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted December 3, 2014 Report Share Posted December 3, 2014 Who is the Original Creditor (OC) that Midland bought this account from and is trying to sue you on? Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted January 9, 2015 Author Report Share Posted January 9, 2015 Who is the Original Creditor (OC) that Midland bought this account from and is trying to sue you on?Amazon.com, Chase Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted January 9, 2015 Author Report Share Posted January 9, 2015 Update : Hi y'all! I hope everyone had a good holiday and you are all doing well. I haven't rec'd anything from Midland lawyers about fraud as mentioned in court last month..that I recall anyway. I am going through all the papers again now to be sure I didn't miss something or have forgotten, happens a lot now I went online and found out I have another court date. Feb 17, 1:30. Yipeeeee. I started up my small biz again and it's amazing but I started officially on 1/3 and I already have jobs/clients. Some of the positions will require training and of course, they fall on the day of court. 100% training attendance is mandatory for contracts...I'm off to figure out how to get this court date changed (praying it's a possibility, if not, I'll skip the training) on the court website and I sent Seadragon a message asking for advise about what to do with the paperwork I have scanned. Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted January 9, 2015 Author Report Share Posted January 9, 2015 @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. 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.Thank you Clydesmom for your input and advice. I understand about the personal stuff from their view, I was just trying to explaining to y'all here. But, some don't know this point I'm sure. I didn't until I read up on all this stuff a few months ago. I didn't know about the legal aid either, should I call them now or too late? Dekalb county is a really hard trip for me. I wonder if this is online somewhere, offered by someone? If not, it's a thought maybe, we could get an atty to do this? I'm clueless, so if I'm off base, just ignore me. When I was in court this first time, another lady told judge she had filed bankruptcy and the judge continued the case but, IIRC, I heard her tell the lady the bankruptcy had no bearing but they will meet again when it's over? I may have not understood. If I decide to file bankruptcy, that would make this judgement go away if I get one? I can't believe I am not being hounded by hospital/doctors..I haven't paid anything at all, IIRC the bill, just one for hospital, almost $100,000.00. That's not all the docs, surgeries, helicopter ride, etc. God help me. All that will go on bankruptcy too? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 10, 2015 Report Share Posted January 10, 2015 If I decide to file bankruptcy, that would make this judgement go away if I get one? I can't believe I am not being hounded by hospital/doctors..I haven't paid anything at all, IIRC the bill, just one for hospital, almost $100,000.00. That's not all the docs, surgeries, helicopter ride, etc. God help me. All that will go on bankruptcy too? Yes. BK wipes out most debts. It does not wipe out child support and federally backed student loans, as well as some taxes. When you file BK you list all your debts (even if they are not eligible) and then when it is discharged they are all wiped out. It won't necessarily stop a judgment from happening but even if they get one you would not have to pay. For that amount of debt I would simply head to a BK attorney and file. Wipe it all out your situation is what BK was designed for. Quote Link to comment Share on other sites More sharing options...
Seadragon Posted January 11, 2015 Report Share Posted January 11, 2015 I am almost sure that for those amounts, it is better to bk. You wouldn't want 100k to start to collect interest in any amount. Delay this case as much as possible and go the BK route. Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted February 6, 2015 Author Report Share Posted February 6, 2015 I am already thinking appeal because I haven't even been able to figure out the subpoena or how to oppose the admission of evidence. MY HEAD IS SPINNING. Court is 2/17...time is running out! Can everyone in this area see all that's been going on in the conversation somewhere with my profile between Seadragon and I? Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted February 8, 2015 Author Report Share Posted February 8, 2015 Seadragon and I have been communicating and I didn't realize it wasn't here..y'all prolly thought I just went away. I have been reading and printing and researching and I have books and binders....Monday I am filing subpoena and objection to their introducing affidavit, I finally figured that out, I hope. Because of the accident I am going to have to file bankruptcy, but heck, I have done all this work I might as well keep fighting these bullies. I hope I win it! I am saving everything and will get it all in order and put online if I win. All of the forms, all the info I have collected, etc etc. to help others like me who are CLUELESS. 1 Quote Link to comment Share on other sites More sharing options...
Seadragon Posted February 9, 2015 Report Share Posted February 9, 2015 I think you can go into court and defend if you bring up the issues we discussed. I believe getting your strategy finalized helps. I am ready to help all I can. This week is critical for tuning up the reasons for defending, making sure your motion is filed and sent to them, and systematically destroying their arguments. Remember you have to bring up all issues at trial, Starting with the issues of lack of proof of account stated, then lack of foundation and corroboration, then how the evidence itself is and always was unreliable. Further you have to believe you can do this, you fear failure but know that you can win. At trial, fight from a position of this is not mine and when they do before trial come offering settlement offer them a mutual walkaway with NDA. Don't let them offer a stipulated judgment, and don't let them bully you. 1 Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted February 17, 2015 Author Report Share Posted February 17, 2015 I won! I think...lol.... Dismissed with prejudice. It's ova! Well, Midland tried to get me to sign "settlement agreement and release" after I agreed to mutual dismissal. I refused to sign it and they gave to me for review. I wills can and post and see what y'all think. I have the NOTICE OF MUTUAL DISMISSAL....do I have to sign this?? I don't like it! Basically, if I understand this lawyer stated, who I didn't let bully me today (thanks to the encouragement for you all!) that when I filed my answer, even though I didn't counterclaim, MY HEADING ON THE ANSWER STATED "ANSWER/COUNTERCLAIM OF DEFENDANT" ~ so this paper they want me to sign is supposed to make my counterclaim go away? My answer was titled that (I have NO FRIGGIN CLUE WHAT I HAVE BEEN DOING, just all on guidance and a prayer!) but I didn't included any counterclaims (not sure I"m explaining correct) Thoughts? I will scan doc now and post or your review. HUGZZZZZZZZZZZZZZZZZZZZZ ALL AROUND! 6 Quote Link to comment Share on other sites More sharing options...
ixsellr8 Posted February 17, 2015 Author Report Share Posted February 17, 2015 midlandvsme.pdflastthingtosignmaybe.pdf Trying to get attachments to work.... Quote Link to comment Share on other sites More sharing options...
Anon Amos Posted February 17, 2015 Report Share Posted February 17, 2015 Congratulations. Celebrate.Don't forget to post in the winners thread. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted February 17, 2015 Report Share Posted February 17, 2015 Nice job! If AZ Piano Lay is around it would be interesting to know if the Midland Settlement agreement is the same one they tried to get her to sign. It sounds similar in that it gets you to admit the debt but goes on to say they won't do anything about it. It looks like boilerplate language to protect them from counter-suit. It doesn't look like you have any reason to sign it since you got dismissal with prejudice. Ask them how much they'll pay you to sign 1 Quote Link to comment Share on other sites More sharing options...
debtzapper Posted February 18, 2015 Report Share Posted February 18, 2015 Great job! 1 Quote Link to comment Share on other sites More sharing options...
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