cdubb4k

PLEAS HELP!!!Being sued by Mandarich Law Group, LLC looking for a way out! (GA)

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Hi all, I've done some digging and believe arbitration is the route to take. any and all help is welcome.i have not answered my court summons yet and I have 30 days to respond to my court summons and 7 have already passed. if Arbitration is the way to go, how and and where do I start. thanks in advance.

 

1. Who is the named plaintiff in the suit?DNF Associates, LLC

2. What is the name of the law firm handling the suit? Mandarich Law group, LLp

3. How much are you being sued for? $1,500.20

4. Who is the original creditor? Sterling Jewelers, INC dba KAY JEWELERS

5. How do you know you are being sued? Served

6. How were you served? Mail it was filed on 11/31/19. I believed the tried to serve me once at my old address but I moved.

7. Was the service legal as required by your state? Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?None

9. What state and county do you live in? Georgia, Gwinnett

10. When is the last time you paid on this account? Notice says 10/12/2016 but I’m not sure

11. When did you open the account (looking to establish what card agreement may be applicable)? I believe it was 9/7/2014 or it could have been 2015

12. What is the SOL on the debt? To find out: I believe Georgia is 6 years

13. What is the status of your case? Suit served? Motions filed? Pending,You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

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? NONote: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

16. How long do you have to respond to the suit? 30 DAYS from date served which was 11/17/2020(This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I did not receive a questionnaire

  1. I received a two page complaint on account, this is the title.

 

COMPLAINT ON ACCOUNT

1. Venue and jurisdictions are proper before this courts where the acts and transactions giving rise to plaintiffs action occurred in this district, where Defendant resides in this district, and/or where defendant transacts business in this district.

 

2. plaintiff DNF ASSOCIATES LLC is the successor in interest, by assignment, to defendants Sterling Jewelers, Inc. dba KAY JEWLERS account (hereinafter referred to as “Account”)

 

3. defendant COREY SMITH opened and made use of a credit card with the original creditor Sterling Jewelers, Inc. dba KAY JEWELERS.

 

4. Defendant agreed to the term of the contract with sterling jewelers, inc. dba kay jewelers by making use of the credit card.

 

5. Defendants account w3as validly and completely assigned for value in the ordinary course of business to plaintiff, and plaintiff was assigned all rights, title, and interest to the contract and account.

 

6. Attached as Exhibit  ‘A’ are true and correct copies of the assignment documents evidencing the transfer of defendants account from sterling jewelers, inc dba kay jewelers to DNF ASSOCIATES LLC.

 

7. Defendat entered into an agreement with the original creditor whereby original creditor extended defendant credit, thereby allowing defendant to make purchases of good and service or obtain cash advance on the account.

 

8.defendant, in turn, agreed that if defendant use the account, the original creditor was to be repaid by defendant for all charges and advances incurred on said account.

 

9. Defendant retains and used, or authorized the use of , the account and obtained  credit and /or cash from the original creditor, thereby accumulating a balance on the account, a true and correct copy of a monthly billing statement  showing the balance due is attached hereto and incorporated herein as exhibit ‘B’.

 

10. Despite demand being made, the defendant failed to make payments as required.

 

11. defendant has defaulted on the account.

 

Wherefor, plaintiff pays the court for the following relief: (a) the plaintiff demands judgment  against the defendant in the principle sum of $ 1,500.30, accrued interest in the amount of $0.00 and post-judgment interest as provided by law: (b) that plaintiff be awarded attorney’s fees in the amount of $0.00 and all cost of court: (c) the the court award plaintiff such other and further relief as the court deems to be just, equitable and proper.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.EXHIBIT ‘A’  ASSIGNMENT DOCUMENTS, EXHIBIT ‘B’ copy of billing statement, last payment made

18.  How did you find out about this site? Web

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Are you being sued in Magistrate Court or State Court? 

If the case is in Magistrate then Gwinnett has pre-printed answer forms.  You simply check off "Deny" and give it to the clerk.  They will stamp it received and give you your copy back.  You will be notified within 30 days of when the trial date is.  You do NOT file a MTC arbitration in advance in Magistrate Court.  Research the GA threads and there are samples formatted for GA Magistrate Court for MTC arb.  Create one with your case's specific facts and have 3 copies on the day of trial.

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it's in magistrate court. will answering the summons waive my right to request a MTC Arbitration if not submitted together?

 Okay thank you will do. do you think based off what I supplied arbitration is the best way to go? do you think I could win with Arbitration.

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3 hours ago, cdubb4k said:

will answering the summons waive my right to request a MTC Arbitration if not submitted together?

No. Georgia does not allow filing motions in advance in Magistrate Court.  All you need to do is file the pre-printed answer form. Everything else is done the day of trial.

3 hours ago, cdubb4k said:

Okay thank you will do. do you think based off what I supplied arbitration is the best way to go? do you think I could win with Arbitration.

A bad case in court is equally bad in arbitration.  The goal is not to actually arbitrate.  It is that arbitration is so expensive (more than the debt if they win) that they drop the entire collection effort including the lawsuit.

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