Sign in to follow this  
zzz123

Mother being sued by debt buyer in Georgia, answer due 3/4

Recommended Posts

Hello, all. New member here, and hope to find help with a matter that has arisen for mother, who is retired and has only SSI income now.

 

She has been served with a suit from a debt buyer, and the response is due in a couple of days. I have found lots of helpful info here and appreciate that, but want to post before crafting her pro se answer in case I am missing big things, or there is a possibility for a motion to dismiss, etc...

 

Thanks,

 

WH in GA

 

1.    Who is the named plaintiff in the suit? LVNV FUNDING LLC as assignee and purchaser of Springleaf Financial Services Inc.

2. What is the name of the law firm handling the suit? Emmett L Goodman, Jr. Macon, GA

3. How much are you being sued for? 2971.95


4. Who is the original creditor? Springleaf Financial Services Inc.

5. How do you know you are being sued? Served by process server

6. How were you served? 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? None my mother is aware of


9. What state and county do you live in? Georgia, Coweta

10. When is the last time you paid on this account? ~2011

11. What is the SOL on the debt?  6 years

12. What is the status of your case? Not answered summons as of yet, cannot find legal status in county magistrate’s web site

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no


14. Did you request debt validation before the suit was filed? no

15. How long do you have to respond to the suit? 3/4/2015

 

We need to know what the "charges" are. Please post what they are claiming:

1.    Defendant is indebted to Plaintiff in the amount of 2876.95, as referenced by Exhibit “A”.

2.    Pursuant to O.C.G.A 7-4-2, Plaintiff claims 7% prejudgment interest from June 2013 forward.

3.    Said amount is just, true, due and unpaid, and Plaintiff has made demand on defendant for payment, but the defendant has failed and refused to pay same and is in default.

 

 Did you receive an interrogatory (questionnaire) regarding the lawsuit?  Not yet

16. What evidence did they send with the summons? An affidavit of indebtedness and ownership of account with no supporting contract.

Share this post


Link to post
Share on other sites

In GA Magistrate, you need to do one of two things.  Either file a counter claim again LVNV or demand arbitration if the loan agreement contains an arbitraiton provision.

 

Does she have a copy of the loan agreement?  Did she recieve any contact from LVNV prior to filing suit?

 

Since you only have 2 days left before an answer is due, you need to make sure you file an answer.  In Magistrate Court, the answer does not have to be complicated or even formal.  In fact, the court may have an answer form that you can fill out online or at the court house.  Simply write that you deny all allegations by the Plaintiff and that the Plaintiff has no standing to sue and is not the proper party in interest.   Unless you know of a collections violations off hand and can add a counter claim in the next 2 days, then only concentrate on filing an answer that denies their claim.  Don't forget to mail a copy of your answer CMRRR to the Goodman firm.

 

After you file an answer denying, the Magistrate Court will set a trial date for about 30 days later.  This gives you a good 25 days to find their violations and file your counter claim, or to find the loan agreement and use an arbitraiton clause if it has one.   Watch for any collection calls from now until the hearing date.  I would answer those calls and record them in possible.  I would play dumb on the phone, not agree to anything and simply continue to tell them that you dispute this debt and deny their claims.  Chances are they may just hand you a nice counter claim to use right before the trial date.  You can file your counter claim with the court any time prior to the court date (just remember to serve a copy to the other side).

 

I have dealt with this exact same JDB using the exact same law firm - just in a different county.  Check my signature line to see how that turned out. :)%

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this