rocketjones

Being Sued by UNIFUND CCR LLC in Georgia

Recommended Posts

Hi. New here. I hope someone can help.

Being sued by Unifund in State Court in Georgia
service was attempted, but I've never been served.
I sent (certified) a letter to representing law firm asking what this debt was and how they believe it is mine, etc, but never received anything back.
Recently received a 'default docket calendar' and will now have to appear before a judge in only a few weeks.

I'm not sure what to do at this point. 

Thank you

Link to post
Share on other sites

@rocketjones   You need to visit the court clerk office and ask to see the file regarding the case number listed on your "default docket calendar".    Ask them to make copies of the file for you.  They typically charge you for the copies.  What other information was included with that notice you received?   

You need to see if there is an affidavit in the case file from the process server or sheriff showing the who/what/when/how of the service.   

You need to see if there was actually a default judgement entered and when.   There might be time to get it taken out of default.  There might be a chance you can get the whole case dismissed due to improper service.       Won't know until you actually see what is in the case file.

Link to post
Share on other sites

You need to get to the courthouse ASAP to find out exactly where your case is in the process.     You need to find out if a default judgement was already entered and when.  You need to find out when service was done and to whom.

What date were you given on the default docket calendar notice?  

When you gather all the info, you need to copy the list of numbered questions listed in the attached post below and paste them into this thread with all your answers listed so forum members will be able to comment.

 

Link to post
Share on other sites

@NormInGeorgia @Clydesmom

1. Who is the named plaintiff in the suit?

 

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

 

3. How much are you being sued for?

30k

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

citi bank

5. How do you know you are being sued? (You were served, right?)

received notice about being on 'default docket calendar' (not served at that point)

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

said service was perfected, but was never served. 

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

To the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

If the person cannot be found, is residing out of state, or is concealing his whereabouts, the court may order service by publication.

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?

Georgia

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

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

Statute of Limitations on Debts

georgia is 6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

hearing was canceled due to service not being perfected (as was claimed)

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

not listed on credit report

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 - says on date xx/xx/xx defendant opened an account and lists the last 4 digits of an account - says what alleged balance is - points to computer print out of account statement and affidavit, attested to by employee of plaintiff - says that defendant failed to object to accuracy of monthly billings and that despite repeated demands, there has been failure to pay their entire account - 

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

computer generated account statement claiming an unpaid balance, not any original statement and an affidavit of debt written and attested to by an 'authorized representative of the plaintiff.'

Link to post
Share on other sites

I would seek a continuance and immediately get a free consult with a consumer attorney.  Steve Koval or Skaar and Feagle are two great ones in Georgia.  For 30k in debt you are in State Court and they will follow ALL the rules of civil procedure.  It would be easy for a pro-se litigant to get steam rolled at this level.

Link to post
Share on other sites

Maybe a Motion to Dismiss right away BEFORE the answer if there is time and default judgment wasn't already entered in. . . because they often fail to provide enough information in the initially filing/complaint? Unfortunately, I don't know the Georgia Rules of Civil Procedure so I am unsure as to if its the same there. Just a thought based upon mistakes I have made in the past.

Link to post
Share on other sites

@rocketjones was private contractual arbitration one of your affirmative defenses? Are you planning on a Motion to Compel Private Contractual Arbitration or are you staying in court?

51 minutes ago, rocketjones said:

I checked and Mediation was ordered. Is that good?

I hope you don't have to pay for that.

 

@Clydesmom @fisthardcheese @NormInGeorgia

Link to post
Share on other sites

@CCRP626 It is free, and no it was not a defense. It is mediation, which unlike arbitration, does not need to come to a result--you can still go to court if the case is not resolved during mediation.

Why would I want arbitration? Seems like I could lose there, no? How is it advantageous over going to court?

thanks!

Link to post
Share on other sites
9 hours ago, rocketjones said:

@CCRP626 It is free, and no it was not a defense. It is mediation, which unlike arbitration, does not need to come to a result--you can still go to court if the case is not resolved during mediation.

Why would I want arbitration? Seems like I could lose there, no? How is it advantageous over going to court?

thanks!

Because Unifund does not like to pay for arbitration. 

Like others have said, I would immediately file a motion to compel arbitration per the card agreement.

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.