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How to Answer a civil action by Midland


Bamaga
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    A few years back I hit a rough stretch and defaulted on a Credit One Credit Card under $1500.  It was pay the power or grocery or ignore this and so I ignored the Credit One account. Now I have a civil action against me by Midland.  They provided documentation etc so I do not know anything they have done wrong. 

   Of course I do not want to pay it but the bigger issue is that I can not pay it (unless were spread out in many many small payments). I understand very little about these things but assume under 10K there is no arbitration magic or any magic answer I can file that would make them move on and try to collect from the people who just do not even respond. I really have no assets I drive 25 year old truck as daily driver and all my bills do get paid but on the very last day possible. I am just a drug free guy who works hard but barely making it. Is there any response I can file that might make them say," He is not worth it?" I know it may be a stupid question but I would rather know the truth even if it sounds stupid.

    If there is no way to escape the hand I "dealt myself" then I really do not  know what answer to file but I understand filing a answer even if weak is better than a default judgement? Can I just answer explaining my financial situation. I understand this is not a "get out of jail free card"  but perhaps the judge be more sympathetic than any agreement dealing straight with Midland and maybe judge allow smaller payments be drafted from my checking account than Midland would have accepted?  If this is even how it works.

   I have not called midland as of yet. I assume  their #1 choice is for me to do nothing so they get default judgment or #2 that I phone them and settle (which I surely could not do in a bulk payment.  I guess my main question is if a file answer explaining the details of my my financial situation what is most likely and least likely to happen?

 I appreciate any input or advice. This board is a blessing. I am just a regular guy trying to get family thru Christmas.

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You seem to have a completely wrong idea of what a judge can do.  The judge can find for the plaintiff, find for the defendant, or grant a motion to compel arbitration if one is filed.  
 

The judge cannot force a settlement on Midland. 
 

Your location is Georgia.  There are experts on Georgia in this forum. The advice I give below is generic, NOT specific to Georgia.  Thus probably wrong.  @Clydesmom knows Georgia, and can give far better advice.   

If I were in your shoes, I would:

1. File an answer denying the allegations.  Some jurisdictions allow a general denial.  In others you need to deny each line individually. 
 

2. Get a copy of the credit card agreement with the arbitration provision from the CFPB web site. 
 

3.  Make a notarized statement saying the agreement is the true and correct agreement. 
 

4. Write up a Motion to Compel (MTC) arbitration.  There are examples on this forum if you search for them 

5. Prepare copies of everything.  I don’t know what to do with these in Georgia.  
 

6.  Show up for any hearings.  
 

You may be able to beat this  

 

You should mention the opposing law firm  

 

 

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1 hour ago, BackFromTheDebt said:

You seem to have a completely wrong idea of what a judge can do.  The judge can find for the plaintiff, find for the defendant, or grant a motion to compel arbitration if one is filed.  
 

The judge cannot force a settlement on Midland. 
 

Your location is Georgia.  There are experts on Georgia in this forum. The advice I give below is generic, NOT specific to Georgia.  Thus probably wrong.  @Clydesmom knows Georgia, and can give far better advice.   

If I were in your shoes, I would:

1. File an answer denying the allegations.  Some jurisdictions allow a general denial.  In others you need to deny each line individually.   I had assumed since they included copies of my credit card statements and sale to them that it was impossible for me to deny? Or can I deny until a certain point (If i have a hearing)
 

2. Get a copy of the credit card agreement with the arbitration provision from the CFPB web site. 
 Ok will do

3.  Make a notarized statement saying the agreement is the true and correct agreement. 
Ok 

4. Write up a Motion to Compel (MTC) arbitration.  There are examples on this forum if you search for them I thought could only do arbitration if under 10K. The only other time In my lifetime I had to go to court was for a card over 10K with PRA and the judge to them that it was unfortunate for them because it was just over 10K and that I had a right to arbitrate.(I never heard from PRA after this) so I assumed under 10k the judge would have gone against me but if option I surely would file MTC

5. Prepare copies of everything.  I don’t know what to do with these in Georgia.  
Yes sir

6.  Show up for any hearings.  
Yes Sir

You may be able to beat this  Thanks I will try anything and fight for myself and family.

You should mention the opposing law firm  Bowman-Dumitrascu Ashley Atlanta Georgia

Thanks for your input I really appreciate taking time to respond. I am not in my wheel house of expertise and this forum is great. 

 

 

Hello Thanks so much I answered you above

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You seem to have a completely wrong idea of what a judge can do.  The judge can find for the plaintiff, find for the defendant, or grant a motion to compel arbitration if one is filed.  
 

The judge cannot force a settlement on Midland. 
 

Your location is Georgia.  There are experts on Georgia in this forum. The advice I give below is generic, NOT specific to Georgia.  Thus probably wrong.  @Clydesmom knows Georgia, and can give far better advice.   

If I were in your shoes, I would:

1. File an answer denying the allegations.  Some jurisdictions allow a general denial.  In others you need to deny each line individually.   I had assumed since they included copies of my credit card statements and sale to them that it was impossible for me to deny? Or can I deny until a certain point (If i have a hearing)
 

2. Get a copy of the credit card agreement with the arbitration provision from the CFPB web site. 
 Ok will do

3.  Make a notarized statement saying the agreement is the true and correct agreement. 
Ok 

4. Write up a Motion to Compel (MTC) arbitration.  There are examples on this forum if you search for them I thought could only do arbitration if under 10K. The only other time In my lifetime I had to go to court was for a card over 10K with PRA and the judge to them that it was unfortunate for them because it was just over 10K and that I had a right to arbitrate.(I never heard from PRA after this) so I assumed under 10k the judge would have gone against me but if option I surely would file MTC

5. Prepare copies of everything.  I don’t know what to do with these in Georgia.  
Yes sir

6.  Show up for any hearings.  
Yes Sir

You may be able to beat this  Thanks I will try anything and fight for myself and family.

You should mention the opposing law firm  Bowman-Dumitrascu Ashley Atlanta Georgia

Thanks for your input I really appreciate taking time to respond. I am not in my wheel house of expertise and this forum is great. 

 

 

Hello Thanks so much I answered you above

 
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I have a little experience with Midland.  My husband doesn't like court, so we're making payments with Midland on one of his debts.  I think the total was about $1800 and he's paying $30 a month for 5 years (I think?).

Their website offers some discounts if you make bigger payments for less time - like pay it in a few payments.

If you called them with a lump sum offer, you might get even less.

My understanding is that Capital One no longer has an arbitration agreement, so I'm not sure you'll do well in court. It'll probably be a judgement regardless.

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26 minutes ago, shadow99 said:

I have a little experience with Midland.  My husband doesn't like court, so we're making payments with Midland on one of his debts.  I think the total was about $1800 and he's paying $30 a month for 5 years (I think?).

Their website offers some discounts if you make bigger payments for less time - like pay it in a few payments.

If you called them with a lump sum offer, you might get even less.

My understanding is that Capital One no longer has an arbitration agreement, so I'm not sure you'll do well in court. It'll probably be a judgement regardless.

Hello thanks I did not realize they would break in that many payments. It is Credit one actually but may be same situation. If I had money for lump sum offer that would be good. Thanks

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2 minutes ago, Bamaga said:

Hello thanks I did not realize they would break in that many payments. It is Credit one actually but may be same situation. If I had money for lump sum offer that would be good. Thanks

Oh no - Credit One has a very good arbitration clause so don't set up those payments just yet. I sent you a PM.

 

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Arbitration isn’t something that is the same for every case. 
 

Different cards have different arbitration provisions.  Credit One is supposedly a very favorable one. 
 

Different judges will rule differently.  Some follow the law, a few will not. 
 

What you need to do is look up arbitration  cases involving Credit One and also Georgia.  
 

Also, don’t file anything until you hear from @Clydesmom.  She has helped people win in Georgia 

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Just now, BackFromTheDebt said:

Arbitration isn’t something that is the same for every case. 
 

Different cards have different arbitration provisions.  Credit One is supposedly a very favorable one. 
 

Different judges will rule differently.  Some follow the law, a few will not. 
 

What you need to do is look up arbitration  cases involving Credit One and also Georgia.  
 

Also, don’t file anything until you hear from @Clydesmom.  She has helped people win in Georgia 

Thank you so much!!!!

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4 hours ago, shadow99 said:

Credit One has a very good arbitration clause so don't set up those payments just yet. I sent you a PM.

Credit One also has a carve out for debt cases in small claims court.  Magistrate Court in Georgia IS small claims make no mistake about it.

7 hours ago, Bamaga said:

I understand filing a answer even if weak is better than a default judgement? Can I just answer explaining my financial situation.

Did they file in Magistrate Court or State Court?  What County?  Magistrate Court has pre-printed answer forms and you simply check off "DENY" and sign it.  Hand it to the clerk and they stamp it as received.  They will give you a copy back.  Within 30 days you will receive a letter stating when your trial is.  Magistrate Court is trial by ambush. NO discover.  NO motions filed in advance.  

You don't use inability to pay as a defense.  That is essentially admitting the debt is yours.  

4 hours ago, Bamaga said:

Bowman-Dumitrascu Ashley Atlanta Georgia

I have not heard of this lawyer or firm which is not necessarily a bad/good thing.  It isn't a former Freddy Hanna firm so that is good.

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3 minutes ago, Clydesmom said:

Credit One also has a carve out for debt cases in small claims court.  Magistrate Court in Georgia IS small claims make no mistake about it.

I remember that now.  Midland's attorney tried to use it as an objection to the MTC, but the judge wasn't buying it because the case was filed in General District Court.  Different state though.

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3 hours ago, BackFromTheDebt said:

What you need to do is look up arbitration  cases involving Credit One and also Georgia.  

There probably aren't any.

3 hours ago, BackFromTheDebt said:

Also, don’t file anything until you hear from @Clydesmom.  

Thank you.  I cannot stress this enough:  Magistrate Court in Georgia does not allow discovery.  It also does not allow filing motions in advance.

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2 hours ago, Clydesmom said:

Credit One also has a carve out for debt cases in small claims court.  Magistrate Court in Georgia IS small claims make no mistake about it.

Did they file in Magistrate Court or State Court?  What County?  Magistrate Court has pre-printed answer forms and you simply check off "DENY" and sign it.  Hand it to the clerk and they stamp it as received.  They will give you a copy back.  Within 30 days you will receive a letter stating when your trial is.  Magistrate Court is trial by ambush. NO discover.  NO motions filed in advance.  

You don't use inability to pay as a defense.  That is essentially admitting the debt is yours.  

I have not heard of this lawyer or firm which is not necessarily a bad/good thing.  It isn't a former Freddy Hanna firm so that is good.

Hello. It is State Court Emanuel County.

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19 hours ago, Bamaga said:

Hello. It is State Court Emanuel County.

Okay, so the good news is because it is State Court the carve out on arbitration does not apply.  It also means you can file the motion to compel in advance at the same time as your answer.  The bad news is that level follows ALL The rules and you need to file a formal answer.  There is no pre-printed form.  You will need to ensure it conforms to the rules of civil procedure for your court/county.  Same for the motion.  You can search GA thread on this site and see if there are any examples someone shared.

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45 minutes ago, Clydesmom said:

Okay, so the good news is because it is State Court the carve out on arbitration does not apply.  It also means you can file the motion to compel in advance at the same time as your answer.  The bad news is that level follows ALL The rules and you need to file a formal answer.  There is no pre-printed form.  You will need to ensure it conforms to the rules of civil procedure for your court/county.  Same for the motion.  You can search GA thread on this site and see if there are any examples someone shared.

Thank you for that! I am going to study the boards past examples etc but if i can ask a few questions that would be obvious to most anybody on here but I have zero experience.so I rather ask questions and sound stupid so I will gain knowledge 1) If I am going to do file MTC  with my answer then what would be my answer be? I thought if I was filing a MTC I was saying I do not what to discuss the debt but instead move it to arbitration. So as far as the "answer" do I acknowledge the debt as mine at all or mention anything about it? If not what would my answer be? 2) On the MTC ...do I reference and include a copy of the credit card agreement or do I save that in case I have a hearing?

Again I understand I am starting way out of my league and am going to do the work and research here but it will help if I have the basic understanding of those 2 questions.

Thank You!

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On 11/22/2021 at 12:01 PM, Bamaga said:

1) If I am going to do file MTC  with my answer then what would be my answer be? I thought if I was filing a MTC I was saying I do not what to discuss the debt but instead move it to arbitration. So as far as the "answer" do I acknowledge the debt as mine at all or mention anything about it? If not what would my answer be?

You answer with a general denial of the allegations in the complaint with lack of subject matter jurisdiction due to the arbitration clause listed in the terms and conditions of the account listed in the complaint.  You do not want to acknowledge the debt or take responsibility because it could be grounds to deny the MTC and grant a motion for summary judgment to the Plaintiff.

On 11/22/2021 at 12:01 PM, Bamaga said:

2) On the MTC ...do I reference and include a copy of the credit card agreement or do I save that in case I have a hearing?

You reference the agreement.  Some suggest to include your own affidavit attesting to where you got the agreement and it's validity i.e. the CFPB website.

 

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On 11/22/2021 at 3:01 PM, Bamaga said:

Thank you for that! I am going to study the boards past examples etc but if i can ask a few questions that would be obvious to most anybody on here but I have zero experience.so I rather ask questions and sound stupid so I will gain knowledge 1) If I am going to do file MTC  with my answer then what would be my answer be? I thought if I was filing a MTC I was saying I do not what to discuss the debt but instead move it to arbitration. So as far as the "answer" do I acknowledge the debt as mine at all or mention anything about it? If not what would my answer be? 2) On the MTC ...do I reference and include a copy of the credit card agreement or do I save that in case I have a hearing?

Again I understand I am starting way out of my league and am going to do the work and research here but it will help if I have the basic understanding of those 2 questions.

Thank You!

Thank you! I understand not acknowledging the debt. If I were to call Midland just to see if they would settle for something and make payments (just to weigh if I want to move forward this way ) could they use that against me to say he claims the debt?

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