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Being sued by Midlant Funding in GA


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Hi I was hopeing i could get some help on drafting an answer for this. My mom is being sued in margistrate court of fulton county by midland funding. She is retired and her only income is social security payments and a small retirment pension. She also has a car from 2004. I know social security is collection proof and Ive heard that georgia has protection for assets up to 5,000. Is this true?

 

1. Who is the named plaintiff in the suit? Midland Funding LLC

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Green & Cooper, LLP.

 

3. How much are you being sued for? 1,743

 

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

 

5. How do you know you are being sued? (You were served, right?) I was served at my home on March 14

 

6. How were you served? (Mail, In person, Notice on door) 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

 

9. What state and county do you live in? GA, Fulton

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009

 

11. What is the SOL on the debt? To find out: 6

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Statement of claim served Mar 14. I have not filed my answer yet.

 

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? 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? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
30 Days
1. Defendant resides in fulton county and is subject to the jurisdiction of this court
2. Defendent is indebted to plaintiff in the sums of 1,743, principal and 84.00 costs to date as follows.

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Bill of Sale
Closing statement
Field data page
Affidavit of emily persons from midland credit management

 

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She needs to file a simple denial to the case and then show up.  The reality is she is collection proof.  Even if Greene and Cooper get a judgment they cannot garnish SSI or levy her bank accounts.  Her car is old enough that it is not worth attempting to seize it and auction in to satisfy the judgment. The state mandated exemption exceeds its worth.

 

She might try sending the law firm a letter stating she has no assets and lives on SSI therefore any judgment will be uncollectable.  They might drop the whole thing.

 

Does she own a home they can put a lien on?

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She needs to file a simple denial to the case and then show up.  The reality is she is collection proof.  Even if Greene and Cooper get a judgment they cannot garnish SSI or levy her bank accounts.  Her car is old enough that it is not worth attempting to seize it and auction in to satisfy the judgment. The state mandated exemption exceeds its worth.

 

She might try sending the law firm a letter stating she has no assets and lives on SSI therefore any judgment will be uncollectable.  They might drop the whole thing.

 

Does she own a home they can put a lien on?

 

She doesnt own a home. She stays in a apartmant.

There are two forms that I downloaded off the fulton county website and  im not sure which one to use.

mag 10-13 answer counterclaim of defendant.pdf

mag 35-12 answer of garnishment.pdf

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She doesnt own a home. She stays in a apartmant.

There are two forms that I downloaded off the fulton county website and  im not sure which one to use.

 

Use the second one.  She may not have any counter claims so do not worry about that.  You can also go to www.naca.net and get a consumer attorney.  Steve Koval is a good one.  They will do a first consult for free.  If Midland has violated they will represent her on contingency as Midland will be paying their fees.  It might be worth a couple hundred bucks to a lawyer to have them draft a letter to Greene and Cooper stating they will collect ZERO on any judgment.  

 

Personally I would cost Midland and the lawyers as much money as possible so they lose on the deal.

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Use the second one.  She may not have any counter claims so do not worry about that.  You can also go to www.naca.net and get a consumer attorney.  Steve Koval is a good one.  They will do a first consult for free.  If Midland has violated they will represent her on contingency as Midland will be paying their fees.  It might be worth a couple hundred bucks to a lawyer to have them draft a letter to Greene and Cooper stating they will collect ZERO on any judgment.  

 

Personally I would cost Midland and the lawyers as much money as possible so they lose on the deal.

ok, So I fill out the top and check the box next to " I deny the claims of the plaintiff" and then I just leave everything else blank? Should I mention that she only gets SSI on the answer or should I just leave that for the letter. Also my mom has already contacted http://avlf.org/issues/consumer-debt/for some possible free help with this but they havent called us back yet so I could give that free consultation a try.

 

Living expenses take up all of my mom's SSI so we really dont have a few hundred to put toward a lawyer to draft a letter. Does the letter need some type of special lanquage?

 

Also thank you for the help you given me. I really appreciate it.

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ok, So I fill out the top and check the box next to " I deny the claims of the plaintiff" and then I just leave everything else blank? 

 

Yes.  Magistrate Court is not formal.  There is no discovery or interrogatories.  She only needs to file an answer and show up.

 

Should I mention that she only gets SSI on the answer or should I just leave that for the letter. 

 

No need to mention it.  The court is not concerned with that part.

 

Do not email law firms using a "contact us" mail box as most of them are not monitored and the email is never seen.  CALL them and set up an appointment.

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Yes.  Magistrate Court is not formal.  There is no discovery or interrogatories.  She only needs to file an answer and show up.

 

 

No need to mention it.  The court is not concerned with that part.

 

Do not email law firms using a "contact us" mail box as most of them are not monitored and the email is never seen.  CALL them and set up an appointment.

 

I dont need to send them a physical letter?

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In GA Magistrate, if you file a counter claim or motion to compel arbitration, there is a 98% chance they will dismiss the case at the hearing before it gets to the judge.

 

Make sure she shows up to court and when the Midlad rent-a-lawyer meets with her and starts asking questions about when she had this card, how much she things she owes, etc, etc, make sure she just denies everything.  Just continue to assert your counter claim or arbitration and they will likely fold.

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In GA Magistrate, if you file a counter claim or motion to compel arbitration, there is a 98% chance they will dismiss the case at the hearing before it gets to the judge.

 

Make sure she shows up to court and when the Midlad rent-a-lawyer meets with her and starts asking questions about when she had this card, how much she things she owes, etc, etc, make sure she just denies everything.  Just continue to assert your counter claim or arbitration and they will likely fold.

ok, but im not exactly sure what to put as a counter claim.

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ok, but im not exactly sure what to put as a counter claim.

 

You have to actually HAVE a counter claim to list one.  If you file a non-existent one in an attempt to throw the case you could end up paying their attorney fees for defending it.

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Midland has a consumers bill of rights. I will say this for the company...I have seen several people here contact them when they were SSI and midland did quit collecting on the debt and dismiss. Worth a shot. But I would contact midland as well as the lawyers.

https://www.midlandcreditonline.com/who-is-mcm/our-pledge/#article3

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Midland has a consumers bill of rights. I will say this for the company...I have seen several people here contact them when they were SSI and midland did quit collecting on the debt and dismiss. Worth a shot. But I would contact midland as well as the lawyers.

https://www.midlandcreditonline.com/who-is-mcm/our-pledge/#article3

Ive seen those posts too. I was planning on sending a letter too both of them and have my mom include a benefit verification letter. https://faq.ssa.gov/ics/support/kbanswer.asp?QuestionID=3705

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For Green and Cooper there are two possible addresses. This one is on thier website: 615 Colonial Park Drive, Suite 105 Roswell, GA 30075 and P.O.Box 1635 Roswell GA, 30075 is on the summons. Does it matter which one I send it too?

 

 

The mailing address is likely the P.O. Box.  I would send it there.  You can also call and ask the receptionist who answers which one to mail to.

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