Recommended Posts

Good evening room,

Thank you for the amazing amount of assistance and advice on these boards. I have spent hours over the past few days catching up.

I was served Thursday evening by Appling County's (Georgia) finest. It is similar in content to most posts regarding velocity & lendingclub.

  • Suite on contract
  • Representing counsel is Roy Reagin of Ragan & Ragan, Duluth GA
  • Liability of $15,1541 + $1,991
  • Copy of lending contract with arbitration clause using JAMS or AAA
  • Multiple purchases of debt & spreadsheet with payments
  • Nowhere near SOL
  • I am replying  “Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”.

So the kicker here is that it is in Superior court.

  • I used the online form recommended here and I found my county but the form is for magistrate. Don't think it will swing.
  • I called the court and the only answer I received is that my attorney will have to file my reply.  

I pulled the rules for Georgia Superior court and under filing/replying is below:

Rule 6. MOTIONS IN CIVIL ACTIONS

Rule 6.1. Filing In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge.

Rule 6.2. Reply (Motions in Civil Actions) Unless otherwise ordered by the judge or as provided by law, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. Such response shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated facts are relied upon, supporting affidavits or citations to evidentiary materials of record.

[In State Court, see State Court Rule 6.2.] Amended effective May 5, 2011; May 23, 2013.

So from my simple understanding I can file on my own. I just need to follow @firsthardcheese 's direction in the arbitration overview and strategy pinned post.

  • Reply Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter
  • Have MTC (including the statement that "the Loan Agreement I am submitting is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise")(3 copies)
    • Hand to clerk and ask to add to my case file
    • stamp all three copies
    • I send one to opposing counsel
  • Wait for hearing date & stand firm

Am I missing anything? 

Again, I sincerely appreciate all of the advice and case history.

Have a good evening,

bk

Share this post


Link to post
Share on other sites
18 minutes ago, southeast GA said:

I used the online form recommended here and I found my county but the form is for magistrate. Don't think it will swing.

Correct. You cannot use the pre-printed Magistrate Court form in Superior Court.  The amount you are being sued for rules out Magistrate. You need a formal answer formatted the way the court rules specify.  At this level of court you have to follow ALL the rules of civil procedure.

The same for the motion to compel. Make sure it is properly formatted.  Because this is not in Magistrate Court not only can you file the MTC in advance you HAVE TO.

Share this post


Link to post
Share on other sites

Thank you Clydesmom,

I feel relatively comfortable with the hearing/meeting with opposing counsel but I would appreciate some help drafting my response.

I also feel relatively comfortable with filing my MTC based on all the great advice and examples on this board.

Any suggestions or can anyone point me in the right direction?

It would be frustrating to hire legal counsel just to file my response and MTC...

Thank you again,

bk

Share this post


Link to post
Share on other sites

Good afternoon room,

I have attached the original complaint.

Using the above GA Superior Court response template I currently have a draft response where I answered each of their paragraphs as below:

The allegations of Paragraph One are : partly true and partly untrue, specifically as follows:            Lack of Subject Matter Jurisdiction - The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter.

QUESTION #1 - Should I have just denied each paragraph?

Again using the above response template there is an option to include a counterclaim in this document.

QUESTION #2 - Should I include my MTC Arbitration inside of my response? Is a MTC a counter claim?

Current draft does not include counterclaim MTC and ends as below:

AFFIRMATIVE DEFENSE ______________________________________________ 

Lack of Subject Matter Jurisdiction - The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter.

WHEREFORE, I request

(a) That the SUIT ON CONTRACT be stayed pending contractual arbitration. 

This _____ day of ___________________________, 2020. 

____________________________________________________________ Defendant pro se 

Address: _________________________________________________________ 

Telephone: ___________________________________________ 

 

Thank you for yall's consideration.

I am planning to file answer and MTC compel tomorrow.

bk

20200310123144.pdf

Share this post


Link to post
Share on other sites

Good afternoon room,

I filed my answer and MTC + Demand for Arbitration yesterday.

I was so keyed up but the clerk just stamped them all and returned my copies.

Mailed the demand to JAMS and answer to opposing counsel.

LendingClub has a new borrower agreement (attached) that states we need to email a claim for arbitration prior to actually contacting JAMS or AAA.

So I emailed a simple statement stating that I was pursuing arbitration.

Now I wait.

Thanks again for all of the info.

bk

Borrower Agreement - LendingClub.pdf

Share this post


Link to post
Share on other sites

I received emails from JAMS today

  • acknowledgment of filing and request for $250 filing fee
  • Statement that JAMS CONSUMER MINIMUM STANDARDS applies

Now I just chill and wait for apposing counsel response and/or further communication from JAMS, yes?

Thank you for your help,

bk

Share this post


Link to post
Share on other sites

Received court notice including letter for requesting court reporter.

I am going to pay my $250 to JAMS just to ensure everything is official.

Also will contact and ask court reporter to attend hearing based on advice read from another site.

Hope this log of my journey helps someone else.

Stay safe,

bk

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.