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Being sued by MCM (Georgia)


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Hello all. I'm being sued by MCM. I filed my answer to their complaint 10/28 denying that I owe the debt and asked for it to be dismissed with no counterclaim. My court date is set for 11/28 in magistrate court. Also, I plan on representing myself in court. Prior to all of this, I tried to talk to MCM and their attorney to let them know that I never had an account with the original creditor but they weren't hearing it. All they wanted me to do was either pay the debt in full ($2348), or offer me a discount to pay $1875. I asked for debt validation, and their attorney sent me a statement from the original creditor, the original creditor contract, and a bill of sale. The statement showed no transactions... only the total amount showing $2348. I also ran my credit report and noticed MCM now showing on my credit report. It shows that it was reported 11/1 and updated 11/3???   I am 100 percent positive I never had an account with the original company. Honestly, I wasn't taking this too serious at first because I figured that they'd eventually realize this was a mistake. Wanted to know about the following:

1. Did they break any laws or codes; or do I have any potential counterclaims? Being that I've already filed my answer, is it too late to file a counterclaim?

2. Should I hire an attorney?

3. Prior to court, in the meantime what should I be doing? Should I dispute this on my credit report? Ask for additional debt validation from their attorney? etc

4. I'm thinking about filing for a continuance for more time to prepare for the case, any advice on this?

Thank you! Sorry if I'm all over the place. I was hoping this would get resolved, but now I want to seek compensation for my time, the stress, and inconvenience that they are causing me. 

 

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  • Laurop changed the title to Being sued by MCM (Georgia)
5 hours ago, Laurop said:

Hello all. I'm being sued by MCM. I filed my answer to their complaint 10/28 denying that I owe the debt and asked for it to be dismissed with no counterclaim. My court date is set for 11/28 in magistrate court. Also, I plan on representing myself in court. Prior to all of this, I tried to talk to MCM and their attorney to let them know that I never had an account with the original creditor but they weren't hearing it. All they wanted me to do was either pay the debt in full ($2348), or offer me a discount to pay $1875. I asked for debt validation, and their attorney sent me a statement from the original creditor, the original creditor contract, and a bill of sale. The statement showed no transactions... only the total amount showing $2348. I also ran my credit report and noticed MCM now showing on my credit report. It shows that it was reported 11/1 and updated 11/3???   I am 100 percent positive I never had an account with the original company. Honestly, I wasn't taking this too serious at first because I figured that they'd eventually realize this was a mistake. Wanted to know about the following:

1. Did they break any laws or codes; or do I have any potential counterclaims? Being that I've already filed my answer, is it too late to file a counterclaim?

2. Should I hire an attorney?

3. Prior to court, in the meantime what should I be doing? Should I dispute this on my credit report? Ask for additional debt validation from their attorney? etc

4. I'm thinking about filing for a continuance for more time to prepare for the case, any advice on this?

Thank you! Sorry if I'm all over the place. I was hoping this would get resolved, but now I want to seek compensation for my time, the stress, and inconvenience that they are causing me. 

 

Did the credit card statement show your correct name and address?

You can request more validation, but nether MCM or its  attorney is required to provide it.  Debt validation is triggered only after receiving the initial communication which is the first debt collection letter.   Being sued is not considered an initial communication under the FDCPA.

If you want more information from the plaintiff, you would need to follow your magistrate court rules for discovery.  Considering this is Magistrate court, your rules may require permission from the judge for discovery.  You would probably need to show why discovery is necessary.  

I believe @Clydesmom  has information on GA magistrate court procedures.

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8 hours ago, Laurop said:

1. Did they break any laws or codes; or do I have any potential counterclaims? Being that I've already filed my answer, is it too late to file a counterclaim?

Based on what you posted:  no.

8 hours ago, Laurop said:

2. Should I hire an attorney?

You should at least discuss the specifics with one.  If this REALLY is not your account the attorney can likely make it go away in a phone call.

8 hours ago, Laurop said:

3. Prior to court, in the meantime what should I be doing? Should I dispute this on my credit report? Ask for additional debt validation from their attorney? etc

The credit report won't be used in the trial and as @BV80said it is WAY too late for validation.  Magistrate Court does not allow discovery.  There is no reason to even go down that road.

8 hours ago, Laurop said:

4. I'm thinking about filing for a continuance for more time to prepare for the case, any advice on this?

Unnecessary at this point.  What county are you in and who is the law firm representing MCM?

Are you absolutely 100% certain you never had this account?  Who is the OC they claim they bought the account from?  Do you have other defaulted accounts or is this something completely out of character for your credit profile?  I am asking for a very specific reason before I can give my next advice.

8 hours ago, Laurop said:

I tried to talk to MCM and their attorney to let them know that I never had an account with the original creditor but they weren't hearing it.

They hear that A LOT from consumers.  You cannot just say it isn't mine.  There are steps you have to follow but until I have more information I am not wiling to start that process.  Claiming identity theft when it isn't accurate is a crime and you do not want to go there.

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  • 3 weeks later...
4 hours ago, Laurop said:

Represented myself, and won my case!!!! Dismissed with prejudice and received $1000 counterclaim!!!!😀

Congratulations!

Did the court agree it wasn't your account? Is that what the $1000 counterclaim was for?

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