Being sued in GA by Credit Corp Solutions

[Erin38]

Hello, Sunday my husband was served with papers from the Magistrate court here for a debt that originated with Care Credit (Synchrony Bank). It was charged off and sold to Credit Corp solutions...Attorneys are Roosen, Varchetti, and Oliver. The papers include copies of Account Summary's, Bill of Sale, and an Affidavit.. I know nothing about any of this stuff. The debt is for $3,037.11, is there any way that I can NOT pay this without my husbands wages being garnished....We just dont have 3k at the moment to throw to these people, who bought a debt for pennies on the dollar I'm sure. Thanks for any advice. 

[nobk4me]

Arbitration is the best way to beat a JDB, especially when the OC is Synchrony (free JAMS, unless they changed their terms).  Best info on arb is here:

 

@Clydesmom and @fisthardcheese know about Georgia.

[Clydesmom]

2 hours ago, Erin38 said:

is there any way that I can NOT pay this without my husbands wages being garnished.

Bankruptcy is the only guaranteed way.  If you lose the MTC arbitration and/or the case the answer to that is no.  GA is very creditor friendly when it comes to wage garnishment.  There are ways to make yourself collection proof but wages are the most difficult to protect from seizing via garnishment.

2 hours ago, Erin38 said:

We just dont have 3k at the moment to throw to these people, who bought a debt for pennies on the dollar I'm sure.

The first thing to know and accept is what they paid for the debt isn't the point.  Under contract law they get the rights to the full amount you owed at the time they bought the account. If you lose the court case they will be awarded that plus the attorney fees, court costs, and post judgment interest.  

Magistrate Court does not allow discovery.  DO NOT get worked up worrying about that.  If you choose to go the arbitration route type up the MTC using the facts specific to your case.  Leave emotion out of it.  This needs to read like a legal document.  Make 2 copies and have the original and the copies with you on the day of trial.  Magistrate Court is trial by ambush.  That means once you file your answer (use the pre-printed forms provided by the court) they will stamp it and within 30-60 days you will be notified of the trial date.  Watch for a letter offering you the opportunity to come to the lawyers office to examine any evidence they intend to use.  IF you do not do this you cannot object to anything they use under the GA relaxed business records laws.  You need to do this in case the MTC is denied.  That is because if it is they go right to trial right then.  On the day of trial their lawyer will either approach you to discuss settlement first or the Magistrate will send all parties out to discuss settling to try and clear as much of the docket as possible.  If you are choosing arbitration that is what you tell the lawyer it will take.  You wish to arbitrate according to the terms of the card agreement.  If they agree then you will both tell the Magistrate that and a stay will be issued pending arbitration.  You then file in JAMS.  If they oppose then you both go back in to court and make your case to the Magistrate for/against arbitration.  Then he/she rules.  If you lose the trial is immediate.  That is why you need to be prepared for both.  If you win then you file and wait for it to get so expensive for them they dismiss.  One step at a time though.  Answer the suit using the court form.  Get your MTC ready then study up on representing yourself in court.  If the MTC is approved then come back to this thread and the arbitration veterans will guide you from that point.

[Erin38]

On 7/27/2021 at 3:51 PM, Clydesmom said:

Bankruptcy is the only guaranteed way.  If you lose the MTC arbitration and/or the case the answer to that is no.  GA is very creditor friendly when it comes to wage garnishment.  There are ways to make yourself collection proof but wages are the most difficult to protect from seizing via garnishment.

The first thing to know and accept is what they paid for the debt isn't the point.  Under contract law they get the rights to the full amount you owed at the time they bought the account. If you lose the court case they will be awarded that plus the attorney fees, court costs, and post judgment interest.  

Magistrate Court does not allow discovery.  DO NOT get worked up worrying about that.  If you choose to go the arbitration route type up the MTC using the facts specific to your case.  Leave emotion out of it.  This needs to read like a legal document.  Make 2 copies and have the original and the copies with you on the day of trial.  Magistrate Court is trial by ambush.  That means once you file your answer (use the pre-printed forms provided by the court) they will stamp it and within 30-60 days you will be notified of the trial date.  Watch for a letter offering you the opportunity to come to the lawyers office to examine any evidence they intend to use.  IF you do not do this you cannot object to anything they use under the GA relaxed business records laws.  You need to do this in case the MTC is denied.  That is because if it is they go right to trial right then.  On the day of trial their lawyer will either approach you to discuss settlement first or the Magistrate will send all parties out to discuss settling to try and clear as much of the docket as possible.  If you are choosing arbitration that is what you tell the lawyer it will take.  You wish to arbitrate according to the terms of the card agreement.  If they agree then you will both tell the Magistrate that and a stay will be issued pending arbitration.  You then file in JAMS.  If they oppose then you both go back in to court and make your case to the Magistrate for/against arbitration.  Then he/she rules.  If you lose the trial is immediate.  That is why you need to be prepared for both.  If you win then you file and wait for it to get so expensive for them they dismiss.  One step at a time though.  Answer the suit using the court form.  Get your MTC ready then study up on representing yourself in court.  If the MTC is approved then come back to this thread and the arbitration veterans will guide you from that point.

Thanks so much for your help!  Sorry it has taken me so long to get back to you. So, all I need to do at this point in time is to file my answer with the court? Is there a certain form that I should use? I know nothing about any of this, I'm so sorry for sounding doofus. lol..Thanks again. 

[womanonfire]

On 8/11/2021 at 1:10 PM, Erin38 said:

Thanks so much for your help!  Sorry it has taken me so long to get back to you. So, all I need to do at this point in time is to file my answer with the court? Is there a certain form that I should use? I know nothing about any of this, I'm so sorry for sounding doofus. lol..Thanks again. 

The thread provided above will give you all the info you need to respond. Your answer is:  lack of subject matter jurisdiction. MTC arb is filed separately and served or brought to court, I forget which one. I will learn soon since I am certain that I will be in your boat soon enough.

I am still lost on how far this will get you in actual arbitration if you have no case at all. From my understanding, if you lose arb, then you could be on the hook for all the arb fees. Still not clear on what to do in arb if you have no defenses and it is your debt except to use it as a stall for bankruptcy.