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Being sued in Georgia by LVNV Funding with Stenger and Stenger representing.


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33 minutes ago, georgiagirlmb said:

Scared and not a lot of funds to settle. 

What County?

Magistrate or State Court?

Who is suing you: original creditor or a junk debt buyer?

Have you filed an answer or been served?

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  • 2 weeks later...
On 4/21/2022 at 11:06 AM, Clydesmom said:

What County?

Magistrate or State Court?

Who is suing you: original creditor or a junk debt buyer?

Have you filed an answer or been served?

Hey.

Glynn County, Magistrate Court, JBD is suing me and yes I have been served and file an answer. I have a court date for next week. 

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On 5/6/2022 at 6:22 AM, georgiagirlmb said:

Hey.

Glynn County, Magistrate Court, JBD is suing me and yes I have been served and file an answer. I have a court date for next week. 

Who is the original creditor they bought the account from?

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On 5/6/2022 at 9:22 AM, georgiagirlmb said:

Hey.

Glynn County, Magistrate Court, JBD is suing me and yes I have been served and file an answer. I have a court date for next week. 

Do not give up hope. I filed a answer in Georgia  and Stenger and Stenger and they did not even show up for hearing and it was dismissed with prejudice. Mine was under 1K.

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On 5/7/2022 at 2:18 PM, Bamaga said:

Do not give up hope. I filed a answer in Georgia  and Stenger and Stenger and they did not even show up for hearing and it was dismissed with prejudice. Mine was under 1K.

This gives me a little bit of hope. I filed a long answer and provided documentation and exhibits so maybe it was enough for them to go away. 

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53 minutes ago, georgiagirlmb said:

I filed a long answer and provided documentation and exhibits so maybe it was enough for them to go away. 

They haven't seen any of it.  Magistrate Court is trial by ambush.  You aren't supposed to file documents or motions ahead of time because they go straight in the folder and no one sees them until the day of trial.

59 minutes ago, georgiagirlmb said:

Advant/WebBank

I believe they have an arbitration clause.  You can look up a motion to compel arbitration on the forums here.  Use the template and insert your facts from your case and make 3 copies.  DO NOT FILE THEM.  Bring them with you the day of trial.  If their lawyer even shows up the Magistrate will send you to the hallway to try and work it out.  You stand firm and tell the lawyer you want private contractual arbitration as outlined in the contract alleging belonging to the account.  If they agree no problem  If they don't you have to argue to the Magistrate why your motion should by granted.  If it isn't then the trial is held right then.  You can appeal the verdict from Magistrate Court to State Court and it is a trial de novo but you may have to post an appeal bond in the amount of the verdict.

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37 minutes ago, Clydesmom said:

They haven't seen any of it.  Magistrate Court is trial by ambush.  You aren't supposed to file documents or motions ahead of time because they go straight in the folder and no one sees them until the day of trial.

I believe they have an arbitration clause.  You can look up a motion to compel arbitration on the forums here.  Use the template and insert your facts from your case and make 3 copies.  DO NOT FILE THEM.  Bring them with you the day of trial.  If their lawyer even shows up the Magistrate will send you to the hallway to try and work it out.  You stand firm and tell the lawyer you want private contractual arbitration as outlined in the contract alleging belonging to the account.  If they agree no problem  If they don't you have to argue to the Magistrate why your motion should by granted.  If it isn't then the trial is held right then.  You can appeal the verdict from Magistrate Court to State Court and it is a trial de novo but you may have to post an appeal bond in the amount of the verdict.

I sent them a copy via mail of my answer which had the documents and exhibits. So what was filed was also mailed to them as well. 

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Unless this is a case of identity theft and you never had an Avant credit card, I don't understand what possible long answer, documents, and exhibits you could possible have.  Hopefully you didn't admit to owing the debt but explain that you are in a rough financial situation.

You didn't specify when you stopped paying the credit card bill.  In the agreement that I say from 2020, Avant does have an arbitration clause that would allow you to file a motion for arbitration.  Unless this was identity theft and you never had the credit card, follow the advice that @Clydesmom gave you and use the arbitration thread.

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