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10 minutes ago, Boo313 said:

@Clydesmom  First I want to thank you again for assisting me. I truly appreciate it! Attached is what I was served. 

 

MIDLAND'S_CLAIM.pdf

Okay, I took a look and first things first:  

On 3/7/2018 at 8:32 AM, Boo313 said:

3 different DC owned the alleged account before Midland.

Unfortunately no.  I know it looks that way on paper but you need to know who Credit1, MHC Receivables and The Sherman Group are.  They are ALL the same entity.  The Sherman Group owns Cred1 and MHC.  The account was merely transferred internally to move profit/loss around.  It is not going to provide a defense based on numerous sales of the account to outside entities.

Next:  in my opinion you are going to have to defend this.  Magistrate Court is small claims in GA.  Credit1 has a carve out that prohibits arbitration for small claims case.  While some on here would advocate filing anyway I can tell you Greene and Cooper has been hit with the arbitration defense multiple times thanks to this board alone and is skilled at arguing against it.  Because they have seen this tactic before the carve out is not going to slip under their radar.  So you REALLY need to be ready to go to trial with a good plan just in case it doesn't work if you do attempt it.

You had mentioned a motion to dismiss.  You cannot just file one.  You have to have a legal basis for the motion.  What is your legal reason that the court should dismiss their complaint?

The evidence they provided is MORE than enough to get a judgment in their favor in the GA courts.  There are a couple of things I think might be able to be challenged let me look further and I will post back.

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@Clydesmom Thank you! When I looked at Exhibit A dates on the statement and Exhibit C of purchase the date is April 13, 2017. How could that be if the bank hadn't discharged the account yet. Exhibit A is proof that the account is still owed by the bank on April 13. Correct?

Edited by Boo313
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@Clydesmom   I was wondering about another way to get around the "small claims" exclusion in the arbitration agreement.

 

Quote

Claims Not Covered:
 • Claims are not subject to arbitration if they are filed by you or us in a small claims court or your state’s equivalent court, so long as the matter remains in such court
and advances only an individual claim for relief. Also, disputes about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof are
not subject to arbitration and are for a court to decide. But disputes about the application, enforceability or interpretation of the Card Agreement as a whole are subject
to arbitration and are for the arbitrator to decide.

 

After looking at the all the documentation the JDB sent to the OP, it looks like they will have plenty to convince a Magistrate Judge to rule in favor of the JDB.  Let's assume the JDB wins the case in Magistrate court.    IF the OP appeals the decision to the State Court, it is heard by the higher court "de novo" as though it never took place in Magistrate Court, correct?   If that is the situation, then the matter would no longer remain in small claims and the arbitration agreement would be enforceable by the OP, correct?

 

 

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I copied this from the Gwinnett County court website:

Quote

A magistrate judgment can be appealed to either the State Court or the Superior Court of Gwinnett County. The vast majority of appellants elect State Court as their uniform rules tend to be less burdensome than superior court rules and procedures. An appeal from magistrate court is a de novo procedure. That means the entire case is retried, just as if there was no underlying judgment, provided that the appeal was made in a timely manner and is not from a default judgment. The appeal of a civil case must be FILED within thirty (30) days of the date of judgment. The appeal of a dispossessory case must be FILED within seven (7) days of the date of judgment. 

 

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11 hours ago, NormInGeorgia said:
 I was wondering about another way to get around the "small claims" exclusion in the arbitration agreement.
 
Quote

Claims Not Covered:
 • Claims are not subject to arbitration if they are filed by you or us in a small claims court or your state’s equivalent court, so long as the matter remains in such court and advances only an individual claim for relief.

... Let's assume the JDB wins the case in Magistrate court.    IF the OP appeals the decision to the State Court, it is heard by the higher court "de novo" as though it never took place in Magistrate Court, correct?   If that is the situation, then the matter would no longer remain in small claims and the arbitration agreement would be enforceable by the OP, correct?

 

It's possible that could work.  One question would be waiver.  But a right that never existed cannot be waived.  If OP did not have any contractual rights to compel or seek arbitration of the claims filed in Magistrate Court (small claims court) while the jurisdiction (of those claims) was with that court, then OP did not waive any right to arbitration during any of the Magistrate Court proceedings.

The time at which the Magistrate Court case is appealed and lands in State or Superior Court is the soonest time the OP would have any contractual right to compel or seek arbitration.  So, it would seem that an immediate motion to compel arbitration once in State or Superior Court would be timely and not subject to any waiver challenge.

A previous forum post here (which quotes from a blog post here) explains the rather extreme de novo nature of Magistrate Court appeals in Georgia:

Quote

Upon Further Review: Appeal of Magistrate Court Rulings

Any magistrate court judgment may be appealed to the State or Superior Court within thirty days, meaning that the trial court loser can take the case to State Court and litigate from “scratch.” A divided Georgia Supreme Court recently explained in Long v. Greenwood Homes 285 Ga. 460, 679 S.E.2d 712 (2009) that an “appeal” from the magistrate court essentially wipes the magistrate proceeding from the books and the appeal is to be treated as a “re-filing” of the case in State or Superior Court. Therefore, when a plaintiff appealed a magistrate court verdict and dismissed the action, it was treated not as the dismissal of an “appeal” but rather a dismissal of the litigation, permitting her to refile the entire case within six months!

It seems that an appeal of a Magistrate Court judgment in Georgia is something a little more than just the same case being considered de novo in a higher court, it is more like the filing of a new case in State or Superior Court.  See the Georgia Supreme Court opinion: Long v. Greenwood Homes 285 Ga. 460, 679 S.E.2d 712 (2009).

There may be a question of prejudice, but the case for prejudice seems weak for the same reasons that the case for waiver is weak.

So, unless there is some overriding law or opinion, or somebody has tried this and had it fail, it seems that there could be a pathway to arbitration that runs through and by GA Magistrate Court for arbitration agreements that contain small claims carve outs.  Here, they may be really carved out.  Of course, one would have to lose in Magistrate Court first, and then also be skilled enough to litigate the compel motion in Georgia State or Superior Court.

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On 3/16/2018 at 1:59 PM, NormInGeorgia said:
 

@Clydesmom   I was wondering about another way to get around the "small claims" exclusion in the arbitration agreement.

 

 

After looking at the all the documentation the JDB sent to the OP, it looks like they will have plenty to convince a Magistrate Judge to rule in favor of the JDB.  Let's assume the JDB wins the case in Magistrate court.    IF the OP appeals the decision to the State Court, it is heard by the higher court "de novo" as though it never took place in Magistrate Court, correct?   If that is the situation, then the matter would no longer remain in small claims and the arbitration agreement would be enforceable by the OP, correct?

 

 

Of course, an appeal from Magistrate court then will give you the ability to immediately file an MTC.  That's what I would do.  But I would start in Magistrate by filing a counter claim against Midland or G&C and attempting to get a mutual dismissal first.

An appeal would potentially require a bond in the amount of the alleged debt to continue.

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@Boo313  

I think you have a few options to defend yourself against the approximately $2000 claim you are facing. 


The options I would consider highest on the list are:

1. Counterclaim in Magistrate Court.

2. If you lose in Magistrate Court, appeal to State Court and then file a Motion to Compel Arbitration.

3. If you lose in Magistrate Court, hire a consumer attorney to file the appeal to State Court and to file a Motion to Compel Arbitration. The attorneys will work out a settlement deal hopefully where you pay nothing and Midland will have to pay your attorney fees and the cost of filing the appeal. It will probably be a slam dunk for a consumer attorney because of the solid Arbitration clause in the card agreement.

 

COUNTERCLAIM OPTION:

When you file your Answer document at the Magistrate clerk window you can also file a COUNTERCLAIM at the same time.  (In fact, I think there is a checkbox actually on the Answer document where you can check COUNTERCLAIM and you can just attach your list of counterclaims.)    You should make sure to give one copy of your Answer/Counterclaim by hand to the Plaintiff attorney when you meet them on your court date.

See attached example of Counterclaims document.

A counterclaim does a couple of things.  When you hand it to the attorney on your trial date, it tells the attorney that you are serious and have educated yourself enough to understand how the JDB "game" is played.  It gives you leverage to tell the attorney you will only accept a "mutual dismissal WITH prejudice".   If you do submit a counterclaim, make yourself familiar with what it states and be ready in case you actually have to present your case for counterclaim to the judge.  There is a SLIGHT chance the attorney may decide you are too much trouble to spend their time on and will agree to dismissal before the judge calls your name.


WHAT HAPPENS ON YOUR MAGISTRATE TRIAL DATE:


When you go to your trial date, this is what to expect:   
Either BEFORE the judge comes into the court or AFTER the judge comes into the court, your name will be called and you will be asked to step into the hallway with the JDB attorney to discuss the case.  


When you talk to that attorney, this is what to expect:
They will immediately ask you to ADMIT this is your credit card account and that you owe the money and agree to a payment plan on the spot and that means you agree to having a judgement against you on your credit report.  They will ask you SEVERAL times and in different ways.  DO NOT fall for this trap.  Be polite but tell them Credit One is not suing you so the Credit One account does not matter and is not the issue.  Tell them the real issue is that you are sick and tired of Midland debt collectors harassing you and your family and that it has to stop.  AND the bill of sale documents cannot prove that any credit card account was re-assigned three times because they have redacted and omitted information about the accounts that were sold three times.  Tell them the only thing you will accept is "dismissal WITH prejudice".


Sometimes you will meet an attorney who will actually listen to you and treat you like a human being.  Sometimes they will see you are serious about what you are saying and will agree to the dismissal because they really do not want to waste their time fighting in court against consumers who know their rights.  They will pull a pre-printed piece of paper out of their briefcase that says DISMISSAL for you to sign.  Before you sign, make sure it says "WITH PREJUDICE". You and the attorney will go back in the courtroom and when called by the judge the attorney will present the piece of paper to the judge.  The judge will ask if you agreed to it, and you say yes.

Otherwise, you will meet an attorney who is a complete jerk and will make up outrageous lies (that sound true) to bully and intimidate you to admit the credit card account is yours, that you are a deadbeat loser, and keep pressuring you to admit you owe the debt.  This is when you have to stand your ground and not be intimidated. DO NOT give in. Be polite but tell them the issue is that you are sick and tired of Midland debt collectors harassing you and your family and that it has to stop.  AND the bill of sale documents cannot prove that any credit card account was re-assigned three times because they have redacted and omitted information about the accounts that were sold three times.   Tell them the only thing you will accept is "dismissal WITH prejudice"  or you will present you case to the judge.

If the attorney is still a jerk, you can hand them a copy of the credit card agreement and point out there is a arbitration clause and even if they win the magistrate case, the appeal case in State Court will go straight to arbitration and will cost Midland a minimum of $3200 to attempt to collect a $2000 debt.  At this point they probably keep lying to you and say you will end up paying all the arbitration costs.    

If the case is not settled in the hallway, it goes before the judge when the judge calls your name, the JDB attorney will speak first and submit all the exhibits to the judge and explain why you owe the money to Midland.

As soon as the attorney mentions the exhibits, I would immediately interrupt and speak up and ask the judge if you can state your objections to all the exhibits now or if the judge wants you to wait until the attorney is finished speaking.


When the judge gives you the chance to speak, I would use the following arguments to the judge.  You should do research and find other arguments on these forums as well.

(***THIS IS IMPORTANT, BECAUSE I HAVE NEVER HAD THE OPPORTUNITY TO USE THIS ARGUMENT IN COURT YET BUT WOULD LOVE TO SEE IF IT WORKS. MAGISTRATE COURT IS THE "WILD WEST" BECAUSE A MAGISTRATE JUDGE IS COMPLETELY FREE TO MAKE UP THE RULES TO FOLLOW AS THEY GO.  THEY ARE NOT LEGALLY BOUND TO FOLLOW GEORGIA CIVIL PROCEDURE.  I WOULD LIKE TO SEE IF THEY EVEN ABIDE BY THEIR OWN WRITTEN INSTRUCTIONS DOCUMENT THAT IS ATTACHED TO EVERY MAGISTRATE SUMMONS ISSUED BY THEIR OWN COURT.)

ARGUMENT #1:   

Witnesses must be brought to Magistrate Court in person. The GENERAL INSTRUCTIONS document of the Gwinnett County Magistrate Court named MAG 10-2 Statement of Claims Instructions.wpd that is attached to every summons states the following: 

  "Notarized statements CANNOT be accepted as evidence at a trial."   

The affidavit (notarized statement) of Jane Kellner provided by the plaintiff for the purpose of introducing business records is prohibited as evidence by the INSTRUCTIONS of the Magistrate Court.   Therefore, all exhibits introduced by the plaintiff are hearsay not covered by the business records exception and cannot be used as evidence in court.  If the plaintiff wants to submit notarized statements as evidence instead of using actual witnesses, they should have filed their case in State or Superior Court.


ARGUMENT #2:

If the court accepts the Plaintiff's evidence anyway, note that in all the exhibits labeled as "Bills of Sale and Assignment" the name of the "electronic file" has been purposely redacted by the Plaintiff.  

There is no unique identifying information that creates a link between the "printed information" of Exhibit D and any of the Bills of Sale because it has been purposely hidden by the Plaintiff.  Even on Exhibit D, identifying information has been redacted by the plaintiff.  It is impossible for the Plaintiff to provide proof that one specific account was sold by Credit One to MHC to Sherman and finally to Midland. All links in the chain of assignment were intentionally broken by the Plaintiff through redaction of the only electronic tracking information that could prove the three separate "assignments" are related.  Even the the affidavit from Jane Kellner only vaguely mentions "electronic records" but gives no specific details or names those electronic records to prove any assignments.

Midland is using the "you owe me money just because I say you do" argument without actual written proof that a specific account was ever assigned to them.  There is no Georgia law that allows that as a valid claim.  Georgia law requires actual written proof that an assignment was made to every owner of the account in the chain.  


In Scott v. Cushman & Wakefield of Georgia, Inc., 249 Ga. App. 264, 547 S.E.2d 794 (2001), the court gave a summary of the law that requires an assignment be in writing when bringing suit to collect payment:

"The doctrine of privity of contract requires that only parties to a contract may bring suit to enforce it. Decatur North Assoc. v. Builders Glass, 180 Ga. App. 862, 863 (1) (350 SE2d 795) (1986); see OCGA 9-2-20 (a).  

Cushman Georgia invoked a recognized exception to the requirement of immediate contractual privity between the parties to an action, specifically, that a party may assign to another a contractual right to collect payment, including the right to sue to enforce the right. Decatur North Assoc., 180 Ga. App. at 863 (1);  Chancellor v. Gateway Lincoln-Mercury, 233 Ga. App. 38, 41 (1) (502 SE2d 799) (1998) (choses in action, including accounts receivable, may be assigned);  Paulsen Street Investors v. EBCO Gen. Agencies, 224 Ga. App. 507, 509 (481 SE2d 246) (1997) (choses in action include the proceeds from a contract performance and are assignable).   See OCGA 44-12-20 (chose in action defined); 44-12-22 (assignment of choses in action arising upon contracts).   

To be enforceable by the assignee, such an assignment must be in writing. Levinson v. American Thermex, 196 Ga. App. 291, 292 (1) (396 SE2d 252) (1990). "


Therefore, the assignment of an account for collection of payment must be traceable in writing for each specific account.  It is not sufficient to claim that bundles of thousands of credit card accounts were re-assigned three times and then intentionally hide the name of the file that contained those accounts. It makes the assignments untraceable and void under the laws of the state of Georgia.


If you win this case in Magistrate court after making oral arguments before the judge, then you would be truly a miracle worker and deserve many gold stars!  At that point you can tell the judge you wish to dismiss your counterclaim or you could pick some claims from your counterclaim to argue and try to get the judge to award you some money for federal and state debt collection violations.

 

WHAT TO DO IF THE MAGISTRATE GIVES JUDGEMENT IN FAVOR OF MIDLANDS.


If you lose in Magistrate court, the judge will probably just completely ignore the fact you had submitted a counterclaim at all.  


 As I mentioned before, you could (and probably SHOULD) hire an attorney from this point on. 


You can appeal the case to State Court within 30 days by filling out a Notice of Appeal form with the Magistrate Clerk.  The form is on the court website.  If I read the Gwinnett website correctly, it could cost you $215 to file the appeal, but the court clerk would need to confirm that for you.    

After the State Court case is created, you would immediately file a Motion to Compel Arbitration with the clerk of the State Court.  The court will send you a new date to show up in State Court.  At this point you can call the Midlands attorney and see if they want to go ahead and just agree to dismiss the case instead of wasting everyone's time going to State Court, since the contract is very clear about mandatory arbitration and it will cost Midlands thousands of dollars to arbitrate. I would tell them I will agree to dismissal if they reimburse the $215 dollars I had to pay of pocket.  

If the State Court judge grants the Motion to Compel they will probably tell you and Midland to show up in court again in xx number of days to give a status on the arbitration.  If Midland does not immediately agree to dismissal of the court case at this point, then you would have to file the arbitration claim with AAA and pay $200.  Then AAA will issue an invoice to Midland for around $3200 which Midland will ignore and not pay.  At this point, Midland will probably reach out to you to dismiss the court case instead of going back to court. I would tell them I will agree to dismissal if they reimburse the $415 dollars I had to pay of pocket.  

 

Read this post for the best explanation of the arbitration strategy:

  

EXAMPLE ONLY Georgia FDCPA Counterclaims (1).doc

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@NormInGeorgia This is awesome! Thank You! I just have one more question in which I'm really confused. I will fill out the courts form for my answer. I will deny. However, I don't know what statement I will use for the reason. Also on the same form is the option to counterclaim. Do I state my reasons there as of now or wait to appeal if I lose to state my counterclaim? Thanking you in advance!

Edited by Boo313
Had to follow NormInGeorgia in order to direct question to him.
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I put most of  this in a previous post on March 11 but I will state it here again.

You can check box #3 to deny the claims and reason could be something like this:

I have no such alleged debt or alleged account with the plaintiff.  Plaintiff has no legal standing to make such claims since they have provided no valid evidence that they are the rightful owner or rightful assignee of any alleged debt or account. 

 You can check box #4 to indicate you have a counterclaim and below it you can write See attached pages.

Make 3 copies of your Answer/Counterclaim document.  Take them to the court clerk office at the Gwinnett court before the DUE DATE.   Go to the Magistrate court clerk window.    Tell the clerk you have 3 copies of the Answer/Counterclaim for them to stamp.     SIGN ALL THREE COPIES WHILE STANDING IN FRONT OF THE CLERK.  They will keep one and you keep the other two for your records.   The court will send you a letter giving you a "trial date" about 30 days out.  You must show up for this trial date. 

(Just as a side note, in all honesty, nobody will ever read or care about your written reason on the Answer form for denying the claims of the plaintiff.  You could write something in that space in Latin and no one would ever notice.   All that really matters is that you check that box that says DENY.)

If you use the example counterclaims document, you MUST read that entire list and look to edit  anything that might NOT apply to you and fill in the BLANK spaces with information that is specific to YOUR case like the dollar amount they claim you owe.  It is your responsibility to make sure the document you submit as your counterclaim is accurate.

REMEMBER, I and other non-lawyer users of this forum cannot give legal advise.  All we can do is talk about our own experiences and share information that is freely available in the public domain and from other legal aid resources that are available to the public who need help to navigate through the mess of legal system.  It is completely up to you to research and determine what you should do with your legal case.  It is always best to get a lawyer if at all possible to seek legal advise.  I am just a dumb beekeeper in Georgia so don't take my word for anything.

 

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On ‎3‎/‎12‎/‎2018 at 9:06 AM, NormInGeorgia said:

 

The 2012 agreement and later agreements (2016, 2017) all appear to have the same type of wording, so it does not change anything really except the OP would want to print out the more current version of the agreement to take to court.

 

I would like to hear from @fisthardcheese about whether or not MTC is still an option in this case.    

 

My theory is the demand for arbitration it is not about the $1,881.91.  In fact, @fisthardcheese always suggests to not even mention it if you file an arbitration claim with AAA or JAMS.   The demand for arbitration and MTC is used as a tool to just get a STAY of the court proceedings.   The topic of an arbitration claim should be the violation of federal and state law by the JDB and enforceability of the Card Agreement itself.  In my opinion, the fact that a JDB brings a lawsuit against you with no valid evidence of standing is enough to justify a demand for arbitration. I have highlighted the section of the small claims carve out below (from the 2017 version) I am using as justification:

 

 

My view is that a JDB cannot apply or enforce the Card Agreement as a whole because they are NOT a party to the Card Agreement (since they cannot prove ownership of the account) and have no standing to bring a lawsuit against you in court at all.  Enforcement of the Card Agreement itself cannot be decided by a judge.  It must be decided by an arbitrator.  Again, this is just my theory, I do not know if it is correct.  There could be case law that completely blows my theory out of the water but I just don't know about it yet.

 

However, the OP would still have a good case even if MTC is rejected by the judge.  It is just a more uphill battle and requires more preparation before the trial date to get mentally prepared and have statute information and case law on hand and ready to quote to the judge if necessary.   As you know, the worst case scenario in GA Magistrate court is, if you lose, you can appeal the case de novo.

 

@fisthardcheese Hi! hear you're one of the best! I wanted to know if you agree with the advice that I've been given? They seem to all be on Great point! @NormInGeorgia asked for you input. I eager to hear it! Thanking you in advance!

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1 hour ago, Boo313 said:

@fisthardcheese Hi! hear you're one of the best!

No.

1 hour ago, Boo313 said:

I wanted to know if you agree with the advice that I've been given? They seem to all be on Great point! @NormInGeorgia asked for you input. I eager to hear it! Thanking you in advance!

I agree that with Midland and G&C in Magistrate court I would almost always use arbitration if available.  However, it is that "if available" you need to watch for.  The Credit One agreements say that arbitration does not apply to small claims cases.  If G&C suddenly wise up (or read this) they may argue this to the judge who could agree with them and you end up with a judgement.  You may want to look at the strategy of a counter claim in magistrate court and consider your route carefully.

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23 hours ago, NormInGeorgia said:

I put most of  this in a previous post on March 11 but I will state it here again.

You can check box #3 to deny the claims and reason could be something like this:

I have no such alleged debt or alleged account with the plaintiff.  Plaintiff has no legal standing to make such claims since they have provided no valid evidence that they are the rightful owner or rightful assignee of any alleged debt or account. 

 You can check box #4 to indicate you have a counterclaim and below it you can write See attached pages.

Make 3 copies of your Answer/Counterclaim document.  Take them to the court clerk office at the Gwinnett court before the DUE DATE.   Go to the Magistrate court clerk window.    Tell the clerk you have 3 copies of the Answer/Counterclaim for them to stamp.     SIGN ALL THREE COPIES WHILE STANDING IN FRONT OF THE CLERK.  They will keep one and you keep the other two for your records.   The court will send you a letter giving you a "trial date" about 30 days out.  You must show up for this trial date. 

(Just as a side note, in all honesty, nobody will ever read or care about your written reason on the Answer form for denying the claims of the plaintiff.  You could write something in that space in Latin and no one would ever notice.   All that really matters is that you check that box that says DENY.)

If you use the example counterclaims document, you MUST read that entire list and look to edit  anything that might NOT apply to you and fill in the BLANK spaces with information that is specific to YOUR case like the dollar amount they claim you owe.  It is your responsibility to make sure the document you submit as your counterclaim is accurate.

REMEMBER, I and other non-lawyer users of this forum cannot give legal advise.  All we can do is talk about our own experiences and share information that is freely available in the public domain and from other legal aid resources that are available to the public who need help to navigate through the mess of legal system.  It is completely up to you to research and determine what you should do with your legal case.  It is always best to get a lawyer if at all possible to seek legal advise.  I am just a dumb beekeeper in Georgia so don't take my word for anything.

 

@Clydesmom you are absolutely right! I found it! Thank You so dearly!!!! I'll post the initial outcome! 

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On ‎3‎/‎12‎/‎2018 at 3:19 PM, Clydesmom said:

DO NOT use this answer.  It is way over the top and not even based on GA law.  You only need the pre-printed court form.  Check "Denied" and let the clerk schedule a trial date.  That won't happen right there usually.  They mail you the date within a week.

@Clydesmom Hi! I'm back. I'm submitting the answer tomorrow. Is the attached ok?

CIVIL ANSWER.pdf

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20 minutes ago, Boo313 said:

@Clydesmom Hi! I'm back. I'm submitting the answer tomorrow. Is the attached ok?

CIVIL ANSWER.pdf

It is fine but unnecessary.  (it also is not in the proper format for the court) You only need their pre-printed form and check off denied.  You do not need a formal answer like other states require for their cases.

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1 hour ago, Boo313 said:

@Clydesmom Ok! I'll just check deny and leave it at that. See attachment...

CIVIL ANSWER FORM CHECKED.pdf

To be safe add a comment that you deny the plaintiff has standing to sue.  Plain and simple.  DO NOT elaborate.  

I took another look at your first answer and there was a glaring error I missed at first.  You admitted you had a Cred1 account.  BIG mistake in GA.  That is all the Magistrate would need to move for summary judgment.  NEVER admit to the account from the OC when a JDB is suing you.

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11 minutes ago, Boo313 said:

 

Check your bank records.  Do they show that payment?

Whenever one is sued, he should always check the date of last payment.   If a date of last payment is provided in a complaint or by "evidence", confirm.it.  You don't know if it's true unless you confirm it.

 

 

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2 hours ago, BV80 said:

Check your bank records.  Do they show that payment?

Whenever one is sued, he should always check the date of last payment.   If a date of last payment is provided in a complaint or by "evidence", confirm.it.  You don't know if it's true unless you confirm it. 

@BV80 Unfortunately, I can't find the statement and the account that I used to pay bills is closed. Now, I'm nervous all over again.  

 

 

 

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@Boo313

No, no, no!  It was not my intent to make you nervous!

I should have included an explanation, so I sincerely apologize.

My point would have been that if they didn't include any evidence of a date of last payment, I would claim the SOL as a defense.

It would be especially important if your records did not reflect that last payment

In my cases, I contacted my bank and it provided copies of my requested statements.

 

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