travelnomad

Being sued by Cooling & Winter - Magistrate Court of Fulton County, Georgia

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Just now, travelnomad said:

@fisthardcheese Capital One. 

Then any debt collector calling on their behalf qualifies as a TCPA violation against Cap1.

Your affidavit looks fine.  If that is the only evidence I am taking to court with me, then I would be sure to watch carefully that their attorney does not start stating facts that he has no evidence to back up.  He can not testify on behalf of Cap1's actions or policies, therefore, unless he presents some proof that I gave them express permission to call my cell phone or another affidavit from Cap1 testifying to that fact, then essentially they will have no evidence to refute your TCPA claims.  That will be a key thing to point out to the mediator and hammer on to force a settlement in your favor.

You can also refute their claims.  If you have something with a different balance showing than the amount they are suing for, such as a credit report or if your statements don't match theirs (unlikely).  But I would not admit to anything.  I would simply say something to the effect of "while I dispute that anything is owed on the account, I will agree to a mutual dismissal with prejudice of all claims".

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