Boo313 Posted March 28, 2018 Author Report Share Posted March 28, 2018 9 minutes ago, BV80 said: @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. @BV80 Oh ok, I understand. I will contact the bank tomorrow morning before dropping off answer. Hopefully they'll retrieve info from a closed bank account. Thank You again!!!! I truly appreciate your help... I guess next step will be discovery and trial.. ummmmm Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted March 29, 2018 Report Share Posted March 29, 2018 There is no discovery in Magistrate Court. You will get a court date when you file your answer and that court date is the trial date, essentially. In the meantime, you need to continue gathering evidence for potential counter claims and file your counter claim prior to the trial date. Quote Link to comment Share on other sites More sharing options...
Boo313 Posted March 29, 2018 Author Report Share Posted March 29, 2018 @fisthardcheese Thank You!!! I will keep the forum informed. I am definitely researching. I'm somewhat excited yet nervous at the same time. Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 17, 2018 Author Report Share Posted May 17, 2018 @fisthardcheese Hi it's been a minute. This evening is my trail. Since my answer, I received from the JB the rest of the statements showing the debt. How do I fight this? Should I just settle or is it too late to file for arbitration for my credit card debt? Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 18, 2018 Author Report Share Posted May 18, 2018 On 3/13/2018 at 10:26 AM, Boo313 said: @Clydesmom First I want to thank you again for assisting me. I truly appreciate it! Attached is what I was served. It came out upside down. IF you right click and click rotate it will turn it for all sheets. Thank you! MIDLAND'S_CLAIM.pdf @Clydesmom Good morning! We went to trial yesterday. Good NEWS! WE WON! However, it was without prejudice. The lawyer and I met in the lobby. I mentioned the Bill of Sales and the Umbrella in which Midland, MCH and Sherman share and also my financial situation and she said I'm going to dismiss this case. That was it! Thanks again for you help! 1 Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 18, 2018 Author Report Share Posted May 18, 2018 @BV80 Good morning! We went to trial yesterday. Good NEWS! WE WON! However, it was without prejudice. The lawyer and I met in the lobby. I mentioned the Bill of Sales and the Umbrella in which Midland, MCH and Sherman share and also my financial situation and she said I'm going to dismiss this case. That was it! Thanks again for you help! Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 18, 2018 Author Report Share Posted May 18, 2018 On 3/20/2018 at 12:06 PM, 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. @NormInGeorgia Good morning! We went to trial yesterday. Good NEWS! WE WON! However, it was without prejudice. The lawyer and I met in the lobby. I mentioned the Bill of Sales and the Umbrella in which Midland, MCH and Sherman share and also my financial situation and she said I'm going to dismiss this case. That was it! Thanks again for you help! Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted May 18, 2018 Report Share Posted May 18, 2018 @Boo313 Congratulations!! 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 18, 2018 Report Share Posted May 18, 2018 3 hours ago, Boo313 said: @BV80 Good morning! We went to trial yesterday. Good NEWS! WE WON! However, it was without prejudice. The lawyer and I met in the lobby. I mentioned the Bill of Sales and the Umbrella in which Midland, MCH and Sherman share and also my financial situation and she said I'm going to dismiss this case. That was it! Thanks again for you help! Congratulations! ♫ Another one bites the dust! ♫ 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 19, 2018 Report Share Posted May 19, 2018 Did you win without mentioning arbitration? That is very rare! Congrats! Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 19, 2018 Author Report Share Posted May 19, 2018 I didn't get a chance to mention arbitration. However, my family and I touched and agreed In prayer and asked God to give me favor with the judge and lawyer. We released our angels ahead of us and God honored our request. The lawyer explained that it could be resold but dont worry. probably won't. 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 20, 2018 Report Share Posted May 20, 2018 On 5/19/2018 at 8:55 AM, Boo313 said: I didn't get a chance to mention arbitration. However, my family and I touched and agreed In prayer and asked God to give me favor with the judge and lawyer. We released our angels ahead of us and God honored our request. The lawyer explained that it could be resold but dont worry. probably won't. Usually courts don't care about angels otherwise no consumer would ever lose their case. Did you file a counter claim? I'm just trying to understand what may have made them suddenly drop your case so we can better help others in the future here. Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 20, 2018 Author Report Share Posted May 20, 2018 I hear you! But it's not about what the courts care about when it's GOD working it! He's the judge of judges! ? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 20, 2018 Report Share Posted May 20, 2018 9 minutes ago, Boo313 said: He's the judge of judges! I'm an athiest but if he's real, how do you suppose he will judge the debt you didn't pay to Credit One? Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 20, 2018 Report Share Posted May 20, 2018 Guys, let's not get into faith and religion. Some rely on their faith for strength while others don't. Let's leave it at that. 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted May 20, 2018 Report Share Posted May 20, 2018 48 minutes ago, BV80 said: Guys, let's not get into faith and religion. Some rely on their faith for strength while others don't. Let's leave it at that. Agreed. The creditors don't care about your religion, and the courts shouldn't either. The people who help you on this forum do so regardless of you religious or political beliefs, or what sports team you follow, etc. Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 20, 2018 Author Report Share Posted May 20, 2018 I agree too ? Quote Link to comment Share on other sites More sharing options...
NormInGeorgia Posted May 20, 2018 Report Share Posted May 20, 2018 On 5/18/2018 at 9:26 AM, Boo313 said: @NormInGeorgia Good morning! We went to trial yesterday. Good NEWS! WE WON! However, it was without prejudice. The lawyer and I met in the lobby. I mentioned the Bill of Sales and the Umbrella in which Midland, MCH and Sherman share and also my financial situation and she said I'm going to dismiss this case. That was it! Thanks again for you help! Congratulations @Boo313 ! A dismissal is always a great thing! There is a chance Midland will sue again. If they do, it could be in State court instead of Magistrate. If that DOES happen (it happened to me before), then you will be able to use the cardmember Arbitration clause against them by filing the motion to compel arbitration. But do not worry about that until it happens. Did the lawyer specifically state to you why she was dismissing it or did she just listen to you and did not try to convince you to make payments? These type of discussions are very important for everyone who uses the forums in the future to be able to learn what happens in these hallway discussions. Thanks and congratulations again! Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 20, 2018 Author Report Share Posted May 20, 2018 @NormInGeorgia I was telling her about my financial situation and she said because of my income that no judge would make me pay it. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 21, 2018 Report Share Posted May 21, 2018 5 hours ago, Boo313 said: I was telling her about my financial situation and she said because of my income that no judge would make me pay it. It wasn't the court so much as Midland themselves. They have a very public policy against pursuing debts against people that are experiencing hardships. Had we known that earlier, we would have told you about this so you wouldn't have even had to go to court. https://www.midlandcreditonline.com/who-is-mcm/our-pledge/#article2 1 Quote Link to comment Share on other sites More sharing options...
Boo313 Posted May 21, 2018 Author Report Share Posted May 21, 2018 Awesome!!!! Quote Link to comment Share on other sites More sharing options...
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