Fight for my right Posted May 11, 2019 Report Share Posted May 11, 2019 I am being sued by Second Round......they purchased the debt from synchrony bank and immediately filed a lawsuit and I have acted an image of the case and I would like to know what is a FIFA and what should I do from here? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 11, 2019 Report Share Posted May 11, 2019 12 minutes ago, Fight for my right said: I would like to know what is a FIFA https://www.magistratefulton.org/197/Writs-of-Fieri-Facias-FiFa By looking at that docket, it appears they got a default judgment, and are now getting ready to put liens on your property. 1 Quote Link to comment Share on other sites More sharing options...
Fight for my right Posted May 11, 2019 Author Report Share Posted May 11, 2019 Thanks and what can I do from here? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 11, 2019 Report Share Posted May 11, 2019 Not much until you get the default judgment set aside. Why did it go to default? Were you not served? Quote Link to comment Share on other sites More sharing options...
Fight for my right Posted May 12, 2019 Author Report Share Posted May 12, 2019 I was served and Responded to the lawyer verbally but, I did not respond until past the 30 days on the courts website. I am learning the process as I go through the stages of this lawsuit Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted May 12, 2019 Report Share Posted May 12, 2019 10 hours ago, Fight for my right said: I am learning the process as I go through the stages of this lawsuit Okay for the benefit of anyone else who reads this thread this lawsuit is OVER. You have a judgment. ANY steps to defend a suit are no longer applicable. 10 hours ago, Fight for my right said: I was served and Responded to the lawyer verbally GA Magistrate Courts is one of the few if not the only one that will allow you to respond verbally to a summons but it is NOT to the opposing counsel. Telling the law firm and the attorney did NOTHING as far as the court is concerned. You would have had to go down to Magistrate Court on an open hearing date and appear and respond directly to the Magistrate. The major problem is you were properly served and then did NOTHING to defend the suit. It is too late to defend it now. You have no chance of getting the judgment vacated because you were properly served and not only responded after the deadline but apparently did not go to the trial either. You were served in November 2018 and according to their docket never filed any answer with the court. After the time period to respond lapsed and a couple more months the court entered a default judgment against you at trial in March 2019. You then had 30 days to appeal to state court but did not file one. You filed a MTC arbitration but it was WAY WAY too late for that as the case was already over. It is a shame that you didn't at least try to defend it because Cobb County is one of the best run Magistrate Courts in GA. 22 hours ago, Fight for my right said: Thanks and what can I do from here? If you are employed they will move to garnish your wages. If you own property they have filed paperwork to put a lien on it. They may also levy bank accounts. How much were they awarded? Quote Link to comment Share on other sites More sharing options...
Fight for my right Posted May 12, 2019 Author Report Share Posted May 12, 2019 As far I know there was no court date and I do not own any property and I just started working about 3 weeks ago Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 13, 2019 Report Share Posted May 13, 2019 They're absolutely was a court date. That's how you ended up with a judgement against you. The only possible way to unring this bell is if the court clerk admits to not sending you a notice of the court date. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted May 13, 2019 Report Share Posted May 13, 2019 1 hour ago, Harry Seaward said: They're absolutely was a court date. Maybe not. Looking at that court record it appears that the OP was served 11-20-2018. When no answer was filed timely the Plaintiff requested a default judgment 3-1-2019. In GA Magistrate Court it is entirely possible they submitted the request for judgment and when the Magistrate reviewed the case file and noted the proper service of the summons and no answer was filed simply signed it. Either was service was proper and the OP has a valid judgment. 3 hours ago, Fight for my right said: I just started working about 3 weeks ago My bet is they know this and are getting ready to garnish your paychecks. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 13, 2019 Report Share Posted May 13, 2019 14 hours ago, Fight for my right said: As far I know there was no court date and I do not own any property and I just started working about 3 weeks ago There was no court date because you never filed an answer to the lawsuit. Once your time period was up the other side just filed asked the court for a default judgement and it was granted. If this were me, I would contact the attorney and see if they will accept a payment arrangement from me to avoid garnishment or emptying my bank account because that is why they filed the FIFA writ. Quote Link to comment Share on other sites More sharing options...
Fight for my right Posted July 1, 2019 Author Report Share Posted July 1, 2019 On 5/13/2019 at 10:46 AM, fisthardcheese said: There was no court date because you never filed an answer to the lawsuit. Once your time period was up the other side just filed asked the court for a default judgement and it was granted. If this were me, I would contact the attorney and see if they will accept a payment arrangement from me to avoid garnishment or emptying my bank account because that is why they filed the FIFA writ. Update I received a letter in the mail with a court date of July 8th Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted August 29, 2020 Report Share Posted August 29, 2020 6 hours ago, barmaley1981 said: so, finally, what is FIFA? I am confused https://www.magistratefulton.org/197/Writs-of-Fieri-Facias-FiFa#:~:text=Recording Documents,assets of a judgment debtor. Recording Documents A Writ of Fieri Facias (or Writ of Fi Fa) is a document issued by the Clerk of Magistrate Court for the purpose of recording a lien on the judgment debtor's property. It is also a legal instrument by which the sheriff of a county may seize the assets of a judgment debtor. A Writ of Fi Fa is recorded upon the general execution docket, which is maintained by the Clerk of Superior Court of Fulton County. Obtaining a Writ of Fieri Facias Any person, partnership or corporation who has obtained a judgment that has not been paid in full may request the issuance of a Writ of Fi Fa (PDF). The Clerk of Magistrate Court of Fulton County can only issue Writs of Fi Fa for judgments issued from the Magistrate Court of Fulton County. If the judgment was obtained in another court or county, the judgment creditor must seek the Writ of Fi Fa from the court that issued the judgment. https://www.magistratefulton.org/DocumentCenter/View/264/Cancellation-of-Fi-Fa-PDF Quote Link to comment Share on other sites More sharing options...
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