Being Sued in Georgia by Midland Credit

[hazelcurls 0]

I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.

[Clydesmom 1,202]

1 hour ago, hazelcurls said:

My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources?

There are plenty of GA threads on this site that outline how to draft a MTC for Magistrate Court.

1 hour ago, hazelcurls said:

Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand?

No.  Magistrate Court does not allow nor require filing motions in advance. Everything is conducted on the day of trial.

1 hour ago, hazelcurls said:

Or is it best to just wait and let it play out in court?

Don't tip your hand on this one let it play out.

1 hour ago, hazelcurls said:

The law firm is Cooling & Winter.

THIS is your biggest problem.  C&W lost several MTC in cases because of this forum and now is well skilled at fighting them. Be prepared to defend what you want vigorously.  

[hazelcurls 0]

On 4/22/2019 at 8:40 PM, Clydesmom said:

There are plenty of GA threads on this site that outline how to draft a MTC for Magistrate Court.

No.  Magistrate Court does not allow nor require filing motions in advance. Everything is conducted on the day of trial.

Don't tip your hand on this one let it play out.

THIS is your biggest problem.  C&W lost several MTC in cases because of this forum and now is well skilled at fighting them. Be prepared to defend what you want vigorously.  

Crap. So I guess my best bet is to not answer any questions about the debt and just push for the MTC. Am I allowed to not answer? 

[hazelcurls 0]

Quick question, can I file with JAMS ahead of time and then just let the court know that it’s already in the process? Would that tip there hand more into my favor since it’s already happening? 

[Clydesmom 1,202]

1 hour ago, hazelcurls said:

So I guess my best bet is to not answer any questions about the debt and just push for the MTC.

Magistrate Court is trial by ambush.  First you and the attorney will be sent to the hallway to "work this out" and if that doesn't happen then the trial is held that day.   Your only answer to the attorney is you want arbitration in JAMS.  You can either go ahead and file or simply bring the filled out JAMS forms with you to court to demonstrate intent.  The attorney will make every attempt to dissuade you from arbitration and your only task is to stand firm.

1 hour ago, hazelcurls said:

Am I allowed to not answer?

The attorney in the hallway discussions:  yes.  In court during the trial:  NO.  Well you can refuse but you will lose because of it.

You need to have good solid arguments as to why the Judge should grant your motion because that law firm can and will fight hard to get your motion denied.

[THELEGEND 2]

Ive always read that you can fill out your ARB.  papers but dont send them in yet. That way you can say "judge everything is ready to go, just need you to grant my motion". Just have everything ready whenever your court date is..Im not for sure about Georgia but in Alabama you have to answer complaint otherwise they get default judgement and you dont want that to happen.

[Harry Seaward 1,355]

Any updates on this? 

[WreckItRalph 0]

Bump.  Would really appreciate an update here as well.  

Wondering what Cooling & Winter can possibly argue if there is an ironclad arbitration clause in the card holder agreement.

@Clydesmom