Being sued by Stenger & Stenger

[tmb56]

Hi, everyone. I haven't been served yet, but I received a spate of mailers from local law offices informing me that I'm being sued by Absolute Resolutions Investment, who are represented by Stenger & Stenger. I called Absolute Resolutions to gather more information. They purchased the debt from The First National Bank of Omaha in 2017. I don't know what amount they are claiming is owed, but it couldn't be more than ~1000.

I'm wondering how to proceed. I would be grateful for any input.

 

 

[tmb56]

After a lot of researching, I have some more specific questions:

(1) Should I wait to be served before contacting the jdb?

(2) If I am served and want to proceed with a strategy of arbitration, should my first step be a MTC in response to the summons?

(3) I can't find the credit card agreement with First National Bank of Omaha from the year I received the CC, but later years seem to allow arbitration? I believe this means that arbitration is actually an option for me?

(4) Aside from the possibility that the jdb does follow me into arbitration and judgement is entered against me - do I have anything to lose, say, if my MTC is denied and I have to go to court? I don't believe that I have a viable court defense (I have had no communication with any collection agency), but I could be wrong about that.

 

[Clydesmom]

1 hour ago, tmb56 said:

(1) Should I wait to be served before contacting the jdb?

DO NOT contact the JDB. There is no reason to.

1 hour ago, tmb56 said:

(2) If I am served and want to proceed with a strategy of arbitration, should my first step be a MTC in response to the summons?

NO.  Georgia does not allow you to file a motion in advance for Magistrate Court.  You bring it on the day of trial.  You MUST answer the suit or they will get a default judgment.  You do NOT need a formal answer.  Most Magistrate Courts have a pre-printed form you can use to answer.  You simply check off "Denied" and submit it to the court.  They will notify you and the plaintiff of the trial date.

1 hour ago, tmb56 said:

(3) I can't find the credit card agreement with First National Bank of Omaha from the year I received the CC, but later years seem to allow arbitration? I believe this means that arbitration is actually an option for me?

You need the agreement for the year you defaulted.

1 hour ago, tmb56 said:

(4) Aside from the possibility that the jdb does follow me into arbitration and judgement is entered against me - do I have anything to lose, say, if my MTC is denied and I have to go to court? I don't believe that I have a viable court defense (I have had no communication with any collection agency), but I could be wrong about that.

The goal is NOT to arbitrate but to make them back down and drop it.  A bad case in court is a bad case in arbitration.  Under the new GA Business Records laws they will most likely prevail in court.  Unless you can prove identity theft, the SOL is expired or they plain just don't show up the chances are good they will win.

[tmb56]

Hi Clydesmom, thanks for your response. I was just served. I believe I understand everything you've said. So now I need to respond to the suit by denying it and prepare to go to court, where I would file a MTC?

 

 

 

 

[tmb56]

2015 would be the applicable year, but the only agreement I was able to find online is here.

The arbitration provision allows that I may request arbitration through NAF or AAA. The only concern I have is the line that says:

Quote

At your request, we will advance the first $500 of the filing and hearing fees

for  any Claim you may file against us; the Arbitrator will decide whether we or you will ultimately pay those fees.

[Edit]: I didn't think I could be held liable for the cost of arbitration.

 

 

 

 

 

[tmb56]

I also discovered this agreement, which has an ordinary claims exception. I'm not sure that arbitration will be an option for me after all. I'm going to try and find the 2015 agreement, but I don't know if I'll be successful.

[tmb56]

Still hoping for advice. I couldn't find the 2015 agreement.

[Dr Crandall]

CFPB doesn't have the 2015 agreements in their database unfortunately.

[BV80]

8 hours ago, Dr Crandall said:

CFPB doesn't have the 2015 agreements in their database unfortunately.

Then get a copy of one that was in effect during the time the account was in good standing and closest to the default.  Use of the account shows agreement with the terms and conditions.  

[SkyStillSunny]

Hi @Clydesmom, I have a question on this:

Quote

The goal is NOT to arbitrate but to make them back down and drop it.  A bad case in court is a bad case in arbitration.  Under the new GA Business Records laws they will most likely prevail in court.  Unless you can prove identity theft, the SOL is expired or they plain just don't show up the chances are good they will win.

Why should he/she not try arbitration if there is a clause for it (in the year before and after if he can't find 2015 specifically)? And what are the new GA Business Records laws that would hinder him? Just wanted to get your thoughts on that. Thank you!

[Clydesmom]

52 minutes ago, SkyStillSunny said:

Why should he/she not try arbitration if there is a clause for it (in the year before and after if he can't find 2015 specifically)?

I didn't say they should not TRY for arbitration.  I said the goal is to get them to drop it not actually arbitrate the case.  The point with JDBs is that the cost of arbitration is SO expensive that an approved MTC arbitration makes them dismiss the case and drop collection efforts.  

 

53 minutes ago, SkyStillSunny said:

And what are the new GA Business Records laws that would hinder him?

GA does not require a live witness to attest to the records and an affidavit from any employee from the OC and the Plaintiff are sufficient to prove the accuracy of the records.  Authentication is no longer required.

[fisthardcheese]

On 1/16/2019 at 6:14 PM, SkyStillSunny said:

And what are the new GA Business Records laws that would hinder him? Just wanted to get your thoughts on that. Thank you!

The law is about 10 year old now.  Essentially any flimsy affidavit (errors and all) will be accepted by the Magistrate Court as solid evidence.

[fisthardcheese]

On 10/19/2018 at 4:04 PM, tmb56 said:

2015 would be the applicable year, but the only agreement I was able to find online is here.

The arbitration provision allows that I may request arbitration through NAF or AAA. The only concern I have is the line that says:

[Edit]: I didn't think I could be held liable for the cost of arbitration.

 

You won't, since this contract says they will pay up to $500 of your fees and AAA only charges consumers $200, they will be billed 100% of the costs by AAA.

 

On 10/19/2018 at 3:54 PM, tmb56 said:

Hi Clydesmom, thanks for your response. I was just served. I believe I understand everything you've said. So now I need to respond to the suit by denying it and prepare to go to court, where I would file a MTC?

 

Is this case in Magistrate Court?  If so, you don't file an MTC at all.  Just focus on filing an answer at this point.  Go to your county's Magistrate Court website and find the answer form PDF.  Print it, fill it out to deny all allegations, and then take it to the Magistrate Court Clerk's office to file within 30 days of the date you were served.  Use up as much of your 30 days as you can to continue reading here and learning about GA Magistrate cases. 

After you do this, continue reading here about GA Magistrate cases.  You will learn all about how they are held and how they are different from "regular" court cases.  You will also have at least 30 days to work on typing up your MTC and prepare what to do and say when you meet with the attorney at Court and hand him a copy of the MTC.