travelnomad

Being sued by Absolute Resolutions Investments LLC c/o Stenger & Stenger, P.C. - Magistrate Court of Fulton County, Georgia

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1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC 

2. What is the name of the law firm? Stenger & Stenger, P.C.

3. How much are you being sued for? $5357.30 plus court costs

4. Who is the original creditor? Web Bank as serviced by Avant, LLC

5. How do you know you are being sued? I received an advertisement by a law office indicating I was being sued.

6. How were you served? I have not been served, but I am currently working overseas and am not in the US.

7. Was the service legal as required by your state? n/a, I have not been served. I believe Georgia can serve by local paper, but again I am currently overseas. Can a letter be submitted to the court regarding jurisdiction if I no longer reside in the state?

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 

9. What state and county do you live in? I live overseas currently but previously Atlanta, GA - Fulton County. 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 

11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think  2016 or 2017. This is a personal loan.

12. What is the SOL on the debt? 4-6 years I think.  

13. What is the status of your case? Complaint has been filed by plaintiff.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

15. Did you request debt validation before the suit was filed? No.

16. How long do you have to respond to the suit? 30 days once served but I no longer reside at the address they have.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I looked up the case on the magistrate site and it appears they submitted past due statements from Avant but I am not sure as I did not pay for the document to see the added pages.

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1 hour ago, travelnomad said:

Can a letter be submitted to the court regarding jurisdiction if I no longer reside in the state?

A letter:  no.  A motion to dismiss based on a lack of jurisdiction:  yes.

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2 hours ago, Clydesmom said:

A letter:  no.  A motion to dismiss based on a lack of jurisdiction:  yes.

Even if I’m not a permanent resident overseas but on a work visa and no reside at the address on the summons (have yet to be served or attempted)?

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27 minutes ago, travelnomad said:

Even if I’m not a permanent resident overseas but on a work visa and no reside at the address on the summons (have yet to be served or attempted)?

You have two options:  wait and see if they attempt to state service was made on you (which is not possible being out of the jurisdiction of the court) then file a MTD in lieu of an answer or go ahead and file the MTD now.  Either way the outcome should be the same.  You can probably hire a local consumer attorney for a couple hundred bucks to dtaft the motion and file it.

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On 11/16/2019 at 1:59 PM, Clydesmom said:

You have two options:  wait and see if they attempt to state service was made on you (which is not possible being out of the jurisdiction of the court) then file a MTD in lieu of an answer or go ahead and file the MTD now.  Either way the outcome should be the same.  You can probably hire a local consumer attorney for a couple hundred bucks to dtaft the motion and file it.

I looked up the case and it looks like an affidavit of non service was entered. Will the case close automatically? Not really sure how it works in Georgia. Further, can I file the motion myself or do I have to obtain a lawyer ?

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24 minutes ago, travelnomad said:

I looked up the case and it looks like an affidavit of non service was entered. Will the case close automatically?

Possibly.  You need to watch the docket for dismissal. They may attempt "alternate service" which would be by publication and legal. If they do this THEN file the MTD.  If the case is closed you have to do nothing.

24 minutes ago, travelnomad said:

Further, can I file the motion myself or do I have to obtain a lawyer ?

Since you cannot go to the court to file the motion you are probably going to have to hire a lawyer.

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Just keep an eye on the case. Check it weekly and see if they claim to have served you.  It is most likely just going to end up being a dead case they do nothing with.  However, IF they claim to have served you then you should contact an attorney.  There are a couple good ones in the area I can recommend if needed.  They are cheap or possibly free depending on what they see in your case.

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44 minutes ago, fisthardcheese said:

Just keep an eye on the case. Check it weekly and see if they claim to have served you.  It is most likely just going to end up being a dead case they do nothing with.  However, IF they claim to have served you then you should contact an attorney.  There are a couple good ones in the area I can recommend if needed.  They are cheap or possibly free depending on what they see in your case.

Even though they have already issued an affidavit of non service ? Please go ahead and send the recommendations my way. So you do not recommend filing a motion to dismiss being that I’m currently working overseas. 

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5 hours ago, travelnomad said:

Even though they have already issued an affidavit of non service ? Please go ahead and send the recommendations my way. So you do not recommend filing a motion to dismiss being that I’m currently working overseas. 

If they don't serve you I don't see the need for a motion to dismiss.

Call Skaar & Feagle and tell them about it.  Ask if they believe filing in Fulton Magistrate while your residence is in another country would be considered an FDCPA violation for suing in the wrong venue.  If they believe it is, they may work out a deal with you to go after them for the violation and just split the $1k settlement they would get for you as payment on the case

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5 hours ago, fisthardcheese said:

If they don't serve you I don't see the need for a motion to dismiss.

Call Skaar & Feagle and tell them about it.  Ask if they believe filing in Fulton Magistrate while your residence is in another country would be considered an FDCPA violation for suing in the wrong venue.  If they believe it is, they may work out a deal with you to go after them for the violation and just split the $1k settlement they would get for you as payment on the case

What about alternate service? I know another person posted that would be an option for the plaintiff. I will reach out to the law firm and follow up. 

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On 11/20/2019 at 5:31 PM, travelnomad said:

What about alternate service? I know another person posted that would be an option for the plaintiff. I will reach out to the law firm and follow up. 

It's unusual for a JDB to use alternate service in Magistrate Court and for these types of account.  However, as long as you keep an eye on your case online you will see if they claim to have served you and can act accordingly if that happens.

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