Maddi

Being sued by Portfolio debt (Georgia)... They filed in different county!

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I received a few flyers in the mail from a few law firms, stating a suit had been filed.

I went to my county’s (Clayton)website and I found nothing. Something told me to check Fulton county and boom there it was.

Is this a FDCPA violation? And can I file a countersuit?

I feel this was deliberately done!

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11 hours ago, Maddi said:

I received a few flyers in the mail from a few law firms, stating a suit had been filed.

I went to my county’s (Clayton)website and I found nothing. Something told me to check Fulton county and boom there it was.

Is this a FDCPA violation? And can I file a countersuit?

I feel this was deliberately done!

Have you ever lived in the county in which the lawsuit was filed?

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11 hours ago, Maddi said:

Is this a FDCPA violation? And can I file a countersuit?

It is possible but they may have a bonafide error defense.  If they didn't use due diligence and assumed you were in Clayton County and file there for that reason or their convenience then it would be a violation and a counter claim would be a good idea.  Keep in mind that the maximum penalty for the violation is $1000 so if the debt is 3 or more times greater than that they won't care.

11 hours ago, Maddi said:

I feel this was deliberately done!

Maybe.  Unfortunately with the Georgia counties some of the neighborhoods/cities border close to other counties and it can be difficult to tell which court district it falls into.  

The easiest way to defeat this may be to get a consult with a local consumer attorney.  Skaar and Feagle is a good practice or you can go to Consumer Attorneys and consult a few more.  Most do the first consult for free and if they are familiar with the plaintiff and the law firm that filed might take the case on contingency if they did violate.  

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21 minutes ago, Maddi said:

By the way the lawyers are Tracy Reese/ Tamara starks and Brian Thompson... I be heard a thing a two about these lawyers

Me too.  Don't quote me on this but I swear I have heard this before about these two women filing in the wrong county on purpose.  I am going to try and remember where.  Get that consult.  My educated guess is that by hiring a good consumer attorney who can counter claim this they will back down pronto.

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41 minutes ago, Maddi said:

@BV80 I have over 8yrs ago... I lived in the county I currently reside when the card was opened

Well, if the credit card statements show your current address, Midland cannot claim bona fide error unless there’s some kind of weird confusion about the counties. 

Yes, as suggested by @Clydesmom please consult a consumer attorney.

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On 11/9/2018 at 1:46 PM, Maddi said:
 

@BV80 yup opened the account while residing at my current address... they have the address at the top of the suit and the small amount of evidence they have claiming they own the debt

I would give Skaar & Feagle a call and tell them this information.  Let them know that their own evidence and everything from the previous account had your current address but that this was filed in Fulton Co. anyway.  I would imagine those attorneys will potentially help you out with no up-front costs.  They have been very good about working out deals on contingency in my previous experiences.

Also, if you get no answer, leave a message and let them know when you were served too so they know to get back to you ASAP.  They are a busy office.

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