Sent MSJ by Midland in GA on Synchrony Bank Accounts

[rd94]

I was served a complaint by Midland for 3x Synchrony Bank accounts.  I answered with the usual "Deny, deny, deny", and about 2 weeks ago received a MSJ from them.  Now, I realise there is very little I can do to "beat" a MSJ, but I'd at least like to file an opposition so I can ask for arb during the trial.  I've been looking through PeachCourt online to try to find examples of Oppositions filed, but I live in a very rural part of GA and it seems most either don't even answer, or don't have the money to hire an attorney so it immediately goes into default judgment for the plaintiff.

I basically want to include something to the effect that, "In Response to Plaintiff’s statement #4, that Plaintiff acquired all right, title and interest to Defendant’s account, the Bills of Sale refer to Exhibits or Schedules which list the accounts being sold, however, the record does not establish without dispute that Plaintiff purchased Defendant’s account," for each account, hopefully to deny the MSJ.

[BackFromTheDebt]

I hope you haven't already shot yourself in the foot.

These are Synchrony accounts.  Synchrony is easy to beat -- with the arbitration strategy.  

I really don't know enough about Georgia to tell if this is too late to file a MTC arbitration. I would strongly suggest doing so BEFORE the MSJ.  

In some places, you are considered to have already waived your rights to arbitration.  In others, you can elect arbitration up to just before the trial.  It also varies judge to judge, and sometimes differs depending on the mood of the judge.  

So file an MTC ASAP.  Just in case it isn't too late.  The longer you wait, the worse it is for you.  

THEN, you need to address the MSJ, and file an objection.  That will take more time, and more effort, but do it anyway, even though this is at best a Hail Mary.  You need to see if there is any material issue of fact in dispute.  

[rd94]

Thanks.  Was in the process of working on a MTC, so I will continue after I look up some of the questions that you mentioned.

[Clydesmom]

WAIT.  Are you in Magistrate Court or State Court?

If you are in Magistrate Court they don't allow motions in advance.  How did the Plaintiff get that past the clerk if so?

1 hour ago, BackFromTheDebt said:

I really don't know enough about Georgia to tell if this is too late to file a MTC arbitration.

In GA if the case is in Magistrate Court they do not allow ANY motions in advance or discovery.  It is trial by ambush.  You bring your motion(s) with you on the day of trial.

GA is not one that considers participating in the trial process waiving rights.  As long as the case is not in Magistrate Court the motion can be filed at any point..

1 hour ago, rd94 said:

Was in the process of working on a MTC, so I will continue after I look up some of the questions that you mentioned.

IF you are in State Court file the MTC and the opposition to the MSJ immediately after.  You can draft both motions now but you need to move quickly.  The basis for the opposition is arbitration and lack of subject matter jurisdiction BUT in order to have a chance at prevailing on that you must get the MTC in FIRST.

Who is the law firm representing the Plaintiff?

[rd94]

 

5 minutes ago, Clydesmom said:

WAIT.  Are you in Magistrate Court or State Court?

 

It is in State Court.

6 minutes ago, Clydesmom said:

Who is the law firm representing the Plaintiff?

No law firm, per se, Claiborne Adcock, Ashley Bowman-Dumitrascu, "In-House Counsel for Midland Funding LLC"

[BV80]

9 minutes ago, rd94 said:

 

It is in State Court.

No law firm, per se, Claiborne Adcock, Ashley Bowman-Dumitrascu, "In-House Counsel for Midland Funding LLC"

In your answer to the complaint, did you raise arbitration as a defense?

[rd94]

No, I did not.