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Sued by Midland in Georgia. Please help


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Hello all! I am seeking assistance about where to begin. Should i contact a lawyer who will settle this for me? Any help would be greatly appreciated, thanks in advance!

 

1. Who is named plaintiff in the suit?

Midland/Creditone

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

Cooling and Winters

3. How much are you being sued for?

742.78

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

CreditOne

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

Receiving solicitation letters, received notice on door to come and pick up the paperwork.

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

Notice to pick up.

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

Not yet.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

They were calling I wasn't answering.

9. What state and county do you live in?Georgia, Clayton county

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

March 2016

11. When did you open the account (looking to establish what card agreement may be applicable)?

January 2015

12. What is the SOL on the debt? To find out: its still viable

Statute of Limitations on Debts

13. 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).

Pending

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

Yes

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

Yes

16. 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?

Have not received paperwork.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

N/A

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing? Midland ( I would like to)

2. How old is the debt?2 years

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report? They were harassing and it is being reported on one report, the other was removed

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

Yes

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection? Both

6. What state are you in?

Ga

7. What kind of debt is this? (credit car, auto loan, student loan)

Credit

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated

Reaging. Also, the original creditor was still reporting after it was sold. Dates are not adding up at all.

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9 minutes ago, Harry Seaward said:

A lawyer will cost you twice the amount Midland is suing you for. Better off just paying Midland and forget about it. 

Arbitration is not an option because Credit One has a crystal clear clause that any case filed in small claims court is not subject to arbitration. 

Ok, so how would I go about that now, should I contact Midland or the lawyer? Should I go and pick up my summons?

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Call the lawyer and ask the absolute minimum they will take. Then offer 50% less. Play hardball for a bit and see if you can get them to budge. 

Be sure to get any settlement agreement in writing, with a statement that you are not admitting to owing the debt, that the debt is satisfied in full and no part of the debt will be sold to another debt buyer. 

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4 minutes ago, Harry Seaward said:

Call the lawyer and ask the absolute minimum they will take. Then offer 50% less. Play hardball for a bit and see if you can get them to budge. 

Be sure to get any settlement agreement in writing, with a statement that you are not admitting to owing the debt, that the debt is satisfied in full and no part of the debt will be sold to another debt buyer. 

Thank you very much I will do so tomorrow.

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I have to agree your options are limited since CreditOne is one of the creditors that has removed arbitration as an option.  The other issue you would face is after several consumers defeated Cooling and Winters (thanks to this site) with motions to compel arbitration in their cases where it was allowed they are now VERY skilled at arguing against the motions.  They have defeated the last several that they have been hit with.

Instead of asking what they will take I would offer $250 as settlement in full.  If they refuse then you keep negotiating until you find a number you can both live with.

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26 minutes ago, Clydesmom said:

I have to agree your options are limited since CreditOne is one of the creditors that has removed arbitration as an option.  The other issue you would face is after several consumers defeated Cooling and Winters (thanks to this site) with motions to compel arbitration in their cases where it was allowed they are now VERY skilled at arguing against the motions.  They have defeated the last several that they have been hit with.

Instead of asking what they will take I would offer $250 as settlement in full.  If they refuse then you keep negotiating until you find a number you can both live with.

Thanks so much. Does this mean that I do not have to go and pick up the summons?

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10 minutes ago, Harry Seaward said:

Do you normally have to pick up the summons in your jurisdiction, or do they usually serve them? 

It's both apparently... There was a letter on my door today stating that, I could come and pick it up or call them to be served. 

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4 hours ago, Harry Seaward said:

In that case I would pick it up and go ahead and prepare an answer.  Deny everything but your name and address so that they do not get a default judgement in the event you're not able to work out a settlement before a default could happen.

A formal answer is not necessary in GA Magistrate Court.  The counties have a pre-printed answer form that you simply check off  "Denied" sign it and turn it in to the clerk.  They will notify you within 7-14 days of when the trial is set for.  It is usually 30-60 days out from when you answered.  The clerks will not know what to do with a formal  answer.  Absent the pre-printed form you can also show up to their open Magistrate hours and simply appear and enter your denial and they will again notify you of the trial date.

Do file the answer while you negotiate a settlement  You don't want a default judgment.

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5 hours ago, Clydesmom said:

A formal answer is not necessary in GA Magistrate Court.  The counties have a pre-printed answer form that you simply check off  "Denied" sign it and turn it in to the clerk.  They will notify you within 7-14 days of when the trial is set for.  It is usually 30-60 days out from when you answered.  The clerks will not know what to do with a formal  answer.  Absent the pre-printed form you can also show up to their open Magistrate hours and simply appear and enter your denial and they will again notify you of the trial date.

Do file the answer while you negotiate a settlement  You don't want a default judgment.

Just seeing this as I wake up. Thanks again.

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