GoMom

Being Sued by Midland Credit Management but I wasn't served............

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Hi Everyone,

My case is a little different, but I was hoping I could get some insight on my options.

I received a letter from the clerk advising "Notice of peremptory hearing". I didn't know why I received the notice, so I inquired downtown at the Clerk of Courts.

They advised me that I hadn't technically been served, for what ever reason they were unsuccessful so they sent a letter out to me. I requested copies of the case and it is from Midland Credit Management. Below is some information I found from other threads and I hope it will help you to help me please.

1.    Who is the named plaintiff in the suit?

Midland Credit Management

2.    How much are you being sued for?

    $1183

3. Who is the original creditor? (if not the Plaintiff)

     Citibank

4. How do you know you are being sued? (You were served, right?)

    I received a letter and inquired at the clerk

5. How were you served? (Mail, In person, Notice on door)

I was not served

6. Was the service legal as required by your state?

I am unsure because I wasn't technically served as per clerk at court

7. What was your correspondence (if any) with the people suing you before you think you were being sued?

  To my recollection, I haven't had any.

8. When is the last time you paid on this account? December 2018, in Georgia

 

9. When did you open the account (looking to establish what card agreement may be applicable)?

        2017-- I honestly do not remember the month

 

10. What is the SOL on the debt? To find out:

     I think 6 years in Georgia

      

11. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

        No

 

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

     

13. How long do you have to respond to the suit? (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

       I have no idea. I just received a letter 01/04/21 and I visited the courts 01/12th and court is on the 1/27th

14. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No

 15. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

I show that statement are attached.

 

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I have to admit this is a first for me with Magistrate Court.  Since the OP received the letter and has already went and got copies of everything I would consider this served and file an answer.  Because CITI has the small claims exemption arbitration isn't an option.  

What county is this in?

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40 minutes ago, GoMom said:

Hi, Thank you both for responding. I called to follow up and it's Douglas Superior Court?...I was advised that I can only respond if I have been served and in order for me to be served I would need to come in. Thank you for helping.

Go in, by all means and get the paperwork, especially if your date is the 27th.  

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Hi @admin

So basically, I'm hearing that I don't have a shot at this. Weird thing is that I have seen others on this board and they were offered so much help with similar situations but I'm not understanding how mine is so much different as to where I'm basically being advised that there's nothing I can do, with the exception of you :) and thank you.

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1 hour ago, GoMom said:

I called to follow up and it's Douglas Superior Court?

If it really is in Superior Court and not Magistrate that is the BEST thing ever for you.  Go get served and then come back and tell me exactly which court the case is filed in.  From there a strategy can be planned.

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2 minutes ago, GoMom said:

@Clydesmom I am on my way to get served. Is there anything and or forms I should maybe bring back...just in case.. while I am there? I appreciate your knowledge.

If it is in Magistrate get pre-printed answer form(s).  If it is in Superior Court any instruction forms you can grab.  There are no pre-printed forms at that level typically.

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@womanonfireHi I'm so sorry I haven't been on because I've had alot going on. Do you still have issues with Citi?

I didn't know much so I basically followed fisthardcheese post and winged the rest of it. Please let me know if I can help in any way

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@womanonfire The judge gave the jdb time to respond as they were unprepared when I appeared in court. They were expecting me not to show.

I am awaiting a response from them through the courts. They have ,however, tried to negotiate a lower settlement. As per fisthardcheese, if they can't withdraw the suit with prejudice then I'm not budging. Right now it's the waiting game.

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2 hours ago, GoMom said:

@womanonfire The judge gave the jdb time to respond as they were unprepared when I appeared in court. They were expecting me not to show.

I am awaiting a response from them through the courts. They have ,however, tried to negotiate a lower settlement. As per fisthardcheese, if they can't withdraw the suit with prejudice then I'm not budging. Right now it's the waiting game.

Is this really in Magistrates court or Superior Court. If this is in Magistrates Court, then you might want to consider the settlement because of the small claims exception. If in Superior Court, realize that you will still have to pay the $250 JAMS fee so consider that in negotiations. If you can get rid of this by paying them $250, it might be worth it.

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OK, if you are trying for arbitration, I would wait until the Motion to Compel is signed and offer to settle for $250 before sending in the arbitration forms. They can either accept the offer or you pay the arb fee and be done with it.

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3 hours ago, womanonfire said:

Another one that by passed magistrate court. I wonder why unless they are clogged? 

You really never know how and why a JDB acts in a certain manner, even if they manner is not in their best interest. Some JDBs file suit after having a debt for a few months, other never file suit and let the SOL slide. Some JDBs also do not follow the process for renewing a judgement (I am seeing that from California in another thread). That is why when people ask us what a certain JDB will do, we really never know. We do know some things for certain, such as they never really read the agreements until they are forced to by a defendant. Again, in another thread, a JDB attached an old agreement that called for arbitration as the official agreement on the account.

It could be that the Magistrate Courts are indeed clogged and they are looking for a quick win. Maybe the attorney for the JDB is friends with the Superior Court judge and is an unknown at Magistrate Court. We really cannot answer that question.

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The primary reason to bypass Magistrate Court in GA is not clogged courts.  Magistrate moves VERY fast.  Once you answer they set a trial date within 30 days.  The biggest reason they go to State Court is because Magistrate Court does not allow motions in advance or discovery.  It is trial by ambush.  Another reason is Magistrate Court is very informal and does give a pro-se a decent chance to defend.  State Court follows ALL the rules of civil procedure and they can easily over whelm an unprepared consumer.

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18 hours ago, Clydesmom said:

The primary reason to bypass Magistrate Court in GA is not clogged courts.  Magistrate moves VERY fast.  Once you answer they set a trial date within 30 days.  The biggest reason they go to State Court is because Magistrate Court does not allow motions in advance or discovery.  It is trial by ambush.  Another reason is Magistrate Court is very informal and does give a pro-se a decent chance to defend.  State Court follows ALL the rules of civil procedure and they can easily over whelm an unprepared consumer.

Have you ever searched for ambush in these forums? You should perhaps put that in your signature? lol ;) 

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