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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 

                                                                                      

                                                                                                        

 

 

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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!

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@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!

 

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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!

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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!    ::band::Another one bites the dust!

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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. 

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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.

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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.

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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!

 

 

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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

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