HockeyFan

About to be sued by Portfolio Recovery - Fulton County, Ga

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@HockeyFan

 

Crud.  I was hoping there would be no connection between Citibank and Home Depot.  Well, I might argue that the Bill of Sale not only makes no reference to you or the account in question, but it also fails to reference Home Depot.   The BOS did reference "Exhibit 1 and the final electronic file".   Since those records were not included, there's no evidence that Citibank sold to PRA any Home Depot accounts or any account allegedly owed by you.

 

Would your bank records show payments made to Home Depot?    Did you make a payment on 11/29/2012?  Or a purchase on 12/02/2012?

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The following is just my 2 cents based on personal experience.  It is not legal advise:

 

 

Here are some basics when talking directly to a JDB lawyer in the "hallway" (or at the "mediation" I assume).

 

JDB lawyers harp on a few things.  They have it committed to memory to bully you into a payment plan.....

 

This is your debt, correct?  These are your statements, correct?  You received these statements, correct?  You made these charges, correct?   This is your name and address, correct?  You bought these items and shopped at these stores as shown on the statement, correct?  When did you last make a payment on this account?  You received this notice from JDB that the credit card account was sold, correct?

 

 

 

Please look at my post topic that includes the brief I prepared for the Georgia Court of Appeals !  It lists specific case law that you will need if your case really does make it in front of a judge for argument.   The post also includes a transcript of what garbage comes out of the mouth of a JDB attorney when they lie to a judge during a trial.

 

 

Basically this is what you can tell a JDB attorney or a judge:

 

1. I might have had an account with "xyz" a while back but I really don't remember any details about it.  I might have paid it off but I just don't remember.  But I know for sure that I do not have an account with the JDB.  

 

2.  Are those my statements?  I don't know if they are or not.   I know there is a lot of identity theft going on lately.  And I have never received any mail from the JDB  as far as I know.

 

3.  The court instructions I received say that we cannot use affidavits from witnesses.  The witnesses have to be in court.  It looks like your case mainly focuses on that affidavit to introduce your "business records" but you cannot use it in magistrate court.  Is your witness here to testify and be questioned by me?

 

4.  The affidavit really does not tell me ANYTHING.  Unless that affidavit specifically says what "records" it is meant to introduce, it is not valid and all the other documents you have are just hearsay.   I don't see anything in that affidavit that names or describes of any specific business records.  If they are not identified in the affidavit or by a live witness, then they cannot be used in court because they are hearsay.  It is OBVIOUS this is one of those "robo-signed" affidavits that I have read about in the news that JDB's use to commit fraud and get default judgements from people who don't show up for court to defend themselves.  If it was real , it would be very specific about what records and documents it was introducing as evidence.

 

5.  None of your other documents actually identify a specific account number or debt that was sold to the JDB.   None of these documents are an actual sales agreement for a specific debt.  Georgia law says you have to show the complete sales agreement if you intend to use it in court.  You cannot just pull one page out of an agreement, call it a bill of sale, and claim it to be the entire sales agreement.  You have to show the entire agreement.

 

6.  The "print out" does not specifically identify a source electronic file.  Nothing in that print out links it to a sale of debts to the JDB.   You could have gotten that print out anywhere.  If it is from an electronic record, there has to be some kind of specific electronic identification in the document that shows where it came from or a witness to testify where it came from and links it directly back to documentation that proves that specific debt was sold to the JDB.  The bill of sales does not give any specific information about the electronic files either.  There is no tracking information provided to tie together any of your documents.   You have a bunch of random documents with no actual links between them except vague hearsay.

 

7.  I do not appreciate the harassment that you and JDB has put me and my family through about this case and bringing me to court when you have no proof under Georgia law that I owe money to the JDB.  I am angry and this harassment needs to stop now.  I read the news and I know that the junk debt buyers use these lawsuits and fake robo-signed affidavits to defraud consumers every day who don't know how to defend themselves.   I'm ready to go in front of the judge and say exactly what is going on here and let the judge decide which of us is right under Georgia law.

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The following is just my 2 cents based on personal experience.  It is not legal advise:
 
 
Here are some basics when talking directly to a JDB lawyer in the "hallway" (or at the "mediation" I assume).
 
JDB lawyers harp on a few things.  They have it committed to memory to bully you into a payment plan.....
 
This is your debt, correct?  These are your statements, correct?  You received these statements, correct?  You made these charges, correct?   This is your name and address, correct?  You bought these items and shopped at these stores as shown on the statement, correct?  When did you last make a payment on this account?  You received this notice from JDB that the credit card account was sold, correct?
 
 
 
Please look at my post topic that includes the brief I prepared for the Georgia Court of Appeals !  It lists specific case law that you will need if your case really does make it in front of a judge for argument.   The post also includes a transcript of what garbage comes out of the mouth of a JDB attorney when they lie to a judge during a trial.
 
 
Basically this is what you can tell a JDB attorney or a judge:
 
1. I might have had an account with "xyz" a while back but I really don't remember any details about it.  I might have paid it off but I just don't remember.  But I know for sure that I do not have an account with the JDB.  
 
2.  Are those my statements?  I don't know if they are or not.   I know there is a lot of identity theft going on lately.  And I have never received any mail from the JDB  as far as I know.
 
3.  The court instructions I received say that we cannot use affidavits from witnesses.  The witnesses have to be in court.  It looks like your case mainly focuses on that affidavit to introduce your "business records" but you cannot use it in magistrate court.  Is your witness here to testify and be questioned by me?
 
4.  The affidavit really does not tell me ANYTHING.  Unless that affidavit specifically says what "records" it is meant to introduce, it is not valid and all the other documents you have are just hearsay.   I don't see anything in that affidavit that names or describes of any specific business records.  If they are not identified in the affidavit or by a live witness, then they cannot be used in court because they are hearsay.  It is OBVIOUS this is one of those "robo-signed" affidavits that I have read about in the news that JDB's use to commit fraud and get default judgements from people who don't show up for court to defend themselves.  If it was real , it would be very specific about what records and documents it was introducing as evidence.
 
5.  None of your other documents actually identify a specific account number or debt that was sold to the JDB.   None of these documents are an actual sales agreement for a specific debt.  Georgia law says you have to show the complete sales agreement if you intend to use it in court.  You cannot just pull one page out of an agreement, call it a bill of sale, and claim it to be the entire sales agreement.  You have to show the entire agreement.
 
6.  The "print out" does not specifically identify a source electronic file.  Nothing in that print out links it to a sale of debts to the JDB.   You could have gotten that print out anywhere.  If it is from an electronic record, there has to be some kind of specific electronic identification in the document that shows where it came from or a witness to testify where it came from and links it directly back to documentation that proves that specific debt was sold to the JDB.  The bill of sales does not give any specific information about the electronic files either.  There is no tracking information provided to tie together any of your documents.   You have a bunch of random documents with no actual links between them except vague hearsay.
 
7.  I do not appreciate the harassment that you and JDB has put me and my family through about this case and bringing me to court when you have no proof under Georgia law that I owe money to the JDB.  I am angry and this harassment needs to stop now.  I read the news and I know that the junk debt buyers use these lawsuits and fake robo-signed affidavits to defraud consumers every day who don't know how to defend themselves.   I'm ready to go in front of the judge and say exactly what is going on here and let the judge decide which of us is right under Georgia law.

 

 

 

Thanks for your reply, Normin. 

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Well that was an enormous waste of time. First of all the attorney that showed up wasn't even one of those listed on the original complaint. So that was a little confusing.  So, she started explaining how PRA would give me a discount on the amount owed or a payment plan could be put in place. Of course I said no. I explained how the only outcome needed was a dismissal with prejudice.  I was asked to explain why so I went into detail about how the documents I was given did not show an assignment of a debt from OC to PRA.  Also, how the affidavit was just hearsay and still did not show any assignment. Of course she rebutted with how these records were kept in the normal course of business and that there are different types of affidavits and this one is the one used in the type of case and used all the time. She then started to insult me by telling me how she'd been doing this for 15 years and I had no idea what I was talking about.  

 

She was so smug about the whole thing and it got me so angry I wanted to vomit, but luckily I can keep it under control.  Anyways, she said something to the mediator about impasse and we are going to trial and I agreed. Little worried that I might be screwed, I don't know.  I don't think she realized that I had filed counterclaims because when I brought it up she seemed surprised.  I kinda got screwed by this attorney showing up that I have no idea who she is because she wasn't listed on the complaint. Therefore I could not sent my answer and counterclaims to her.  I sent those to the attorney that was circled on the complaint.  So what should I do here?

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@HockeyFan

 

Reminds me of the smarty pants arrogant attorney that "won" the case against me in State Court.  He told me in the hallway how he went to school for 6 years and he was a great litigator, blah blah blah, barf!  When it came time to do the appeal, I kicked their behinds because the law was on my side and their case was full of holes and mistakes.  

 

Because they are successful at bullying and intimidating 98% of the people they meet, they just do it out of habit.   Some of them like to argue just to hear themselves talk and be big shots and lie lie lie.  Everything she said is total garbage.  Double talking to confuse you.    

 

Some will actually back down when they see you know how their game is played.  Luck of the draw which kind you will get.  I have seen both kinds.

 

What you did today was a successful battle in the war!!    ::USA::    You showed up!  You stood your ground!  You did not get intimidated!    Welcome fellow soldier!!

 

I'm sure she is from the same firm.  It's just lawyer roulette.  Don't worry about that at all.  It's their own fault if they don't tell their own staff that  you sent a counterclaim.   She's not there about the counterclaim anyway.  She's their for only one reason, to bully you into a payment plan.   You are there to be a roadblock.

 

 Your counterclaim is filed with the court, you mailed it to the attorney on record, and the judge will know it, so that is all that matters.  

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Thanks for the kind words Norm. I was a little nervous going in there TBH, but I think once I found my grove I stuck with it. She kept repeating herself and it got real annoying real fast.  I still never sent a copy of the counterclaim to the VA office for PRA, do you think I should still do that or nah?

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@HockeyFan

 

You did all right.  You went up against a nasty lawyer who sues debtors all the time and you stood up for yourself and you didn't cave.  Remember, 90% of defendants never show up;  many just don't want to go through that kind of confrontation and stress.  

 

Use this time now to prepare yourself, and especially thoroughly go over your counterclaim. It is leverage.  I would go and sit on as many collection cases as you can in court just to condition yourself for the real thing, and if you see that same nasty lawyer, just smile at her.  It will grate on her nerves.

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Boy that's quick. Guess that is how magistrate court works, kind of like small claims. Good luck....you ready?

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Boy that's quick. Guess that is how magistrate court works, kind of like small claims. Good luck....you ready?

 

Magistrate Court is Small Claims in GA.  That is how they work.  It usually does not take more than 30 days to get a trial date.  

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Tomorrow is day two. I was reading over the topic about standing that @Coltfan1972 posted and was curious if what @NormInGeorgia was talking about "the paperwork is full of holes" is saying they have no standing.   Sorry if that didn't make sense, I am getting nervous again. Haha

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You are probably already at the courthouse, but good luck.

 

 As far as I can see, the "affidavit" does not even mention that any of the "business records" are attached or identify any of the "business records" it claims prove a debt exists.   None of their so-called "business records"  (the credit card statements or anything else) can ever be introduced in magistrate court because the attorney will have no custodian of records in the courtroom as a witness to introduce them and you can object immediately if she were to try such a thing.  If you are lucky, you will get a judge that understands that.

 

If you are firm about your position, perhaps the attorney will dismiss with prejudice before it even starts.

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Dismissal without prejudice. Not what I was hoping for, but hey, I'll take it. She basically told me that I could pay, dismiss or wait until she could get the "witness" down to testify. So maybe I did wrong by dismissing without prejudice, but I really just wanted to get out of there and not have to deal with talking to the judge about this petty crap. 

 

So is this a win?

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This is definitely a WIN...because there was no judgement against you.

 

 

This is what you can expect to happen next:

 

Scenario 1:  In a month, a year, or sometime in the future, Portfolio will sue you again in Magistrate Court for the same debt with the same useless documentation they have now.

 

Scenario 2:  In a month, a year, or sometime in the future, Portfolio will sue you again in STATE Court for the same debt with the same useless documentation they have now.  The difference is State Court will require more of your time because there is a lot more paperwork involved.

 

Scenario 3:  In a month, a year, or sometime in the future, Portfolio will SELL the debt to another JDB.  That JDB will then sue you in Magistrate Court or State Court  with the same useless documentation they have now.  But the debt will be one more step further removed from the original creditor so the JDB is required to prove the specific debt was sold TWICE and have the documentation to prove it.  Of course, they do NOT have documentation to prove it.

 

Scenario 4:   Nothing happens, the statute of limitation expires, and you live your life.

 

Scenario 5:  Nothing happens, the statute of limitation expires, but then later some day in the future, some JDB tries to sue you for the SOL expired debt.   So keep all the documentation you have from this case forever, because you never know if someone will try to sue even after the SOL runs out (so-called illegal zombie debt lawsuits).

 

 

By the way, there will never be a witness to come and testify, ever.

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