Being sued by crown asset mgmt in georgia

[atlsrt44]

Ive already filed a reply.  I know reading several threads people say to invoke right for arbitration.  The debt is from a first national bank of omaha credit card.  If i read the agreement (could only find most recent though the card was probably opened 2018-2019) it looks like the arbitration agreement is that parties split the cost so i dont see that being beneficial.

Any good tips for georgia magistrate court to go pro se?

 

The law firm is ragan&ragan

 

[nobk4me]

For consumer arbitrations, the consumer rules in the arb forums (JAMS, AAA) limit the amount of arb fees the consumer pays.  (For  JAMS, it's $250, for AAA, $200).

The creditor pays everything else.

So I think arbitration is a viable option for you.

 

[Clydesmom]

6 hours ago, atlsrt44 said:

Any good tips for georgia magistrate court to go pro se?

Magistrate Court is trial by ambush.  You cannot file motions in advance.  If you are going to try the arbitration route you need 3 copies of the motion with you on the date trial is set for.  You will be approached outside the court room (or sent there by the Magistrate) to try and settle it.  That is when you tell the opposing counsel you want arbitration.  If they agree you go before the Magistrate and stipulate to it and they sign the order and set a continuance.  They will not dismiss pending arb.  If they oppose you will have to argue why the motion will be granted with supporting GA case law.  If the motion is denied it will proceed to trial right then.  You will have to have a defense as a back up plan.

[atlsrt44]

Thank you both for the replies.  So i need to have 3 copies of the master agreement and a typed up motion?

Any hints where i should look for the supporting case law?

[nobk4me]

8 hours ago, atlsrt44 said:

Any hints where i should look for the supporting case law?

Google is a good start.

[atlsrt44]

17 hours ago, nobk4me said:

Google is a good start.

Well the good news is when i filed my reply the lady told me they are very backed up and its going to be awhile.

[Clydesmom]

On 9/7/2022 at 4:42 AM, atlsrt44 said:

So i need to have 3 copies of the master agreement and a typed up motion?

You need the last active card agreement that applies to the card you have.  NOT a generic master agreement.  You would need one copy for each copy of the motion.  

1 hour ago, atlsrt44 said:

Well the good news is when i filed my reply the lady told me they are very backed up and its going to be awhile.

What county is this in?

[atlsrt44]

25 minutes ago, Clydesmom said:

You need the last active card agreement that applies to the card you have.  NOT a generic master agreement.  You would need one copy for each copy of the motion.  

What county is this in?

Early county

[atlsrt44]

Well court date set as 10/11 so not too far out

[Clydesmom]

6 hours ago, atlsrt44 said:

Well court date set as 10/11 so not too far out

Most Magistrate Courts only take 20-30 days to set a trial date.  In the smaller counties like Early it is faster.  Try the MTC but be ready to defend.

[atlsrt44]

So ive got all my documentation set.  Only question I have is in the credit card agreement it says "ordinary claims are not subject to this provision.  Ordinary claims may be resolved through court action.  

 

I cant find what an ordinary claim is.

[Bulldoger]

It should be defined elsewhere in the contract for example: 

A claim will be considered an "Ordinary Claim" if all three of the following are true: (1) the only remedy being sought for the claim is monetary damages; (2) the recovery being sought for the claim is less than $25,000, excluding interest and costs; and (3) the only parties to litigation to resolve the claim will be you, and Bank.

[atlsrt44]

Found it.  

 

“Ordinary Claim”means a Claim that meets(1)or(2)or both below.

(1) A Claim where all of the following are met:

(a) The only remedy sought for the Claim is monetary damages;

(b)The recovery sought for the Claim is less than $25,000 excluding interest and costs;and

(c) The only parties to any action to resolve the Claim will be you,us and/or Our Related Parties.

(2) Any individual Claim filed in small claims court within its jurisdiction,as long as the Claim remains in that court.

 

So if im reading this right I cant do arbitration.

[BV80]

12 hours ago, atlsrt44 said:

So ive got all my documentation set.  Only question I have is in the credit card agreement it says "ordinary claims are not subject to this provision.  Ordinary claims may be resolved through court action.  

 

I cant find what an ordinary claim is.

It appears to be a small claims exclusion.  You could go ahead and MTC arbitration and hope the plaintiff misses that exclusion.  However, if they catch it, in my opinion, your only argument would be the word “may”.  (“Ordinary claims may be resolved through court action.”)

”May” is permissive.  For instance, if I say “I may go to the store today”, it means I might go to the store, but I might not go to the store.  It’s not definite.  It offers a choice.

Why did they not use the word “shall” or “will”.  Those words are definite.  There’s no “might” about it.  “I shall go to the store” means I absolutely will go.

I don’t know why they used the word “may” if they truly meant for small claims to be excluded from arbitration.  But, it would be a thin argument.  

[Bulldoger]

19 hours ago, atlsrt44 said:

credit card agreement it says "ordinary claims are not subject to this provision. 

It appears for ordinary claims arbitration clause does not apply, 

Who is the law firm? Lately twice before attorneys have not shown up and cases were dismissed with prejudice. 

So Show Up they may not. 

[atlsrt44]

Surprisingly an attorney showed up.  I ended up settling for 40%.