Being sued. I think I messed up

[spivdad]

Do I have a defense, what do I do now? 

 

1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC 

2. What is the name of the law firm? Stenger & Stenger, P.C.

3. How much are you being sued for? $1437.--

4. Who is the original creditor? Synchrony Bank

5. How do you know you are being sued? I was served by a Deputy with a notice from magistrate

6. How were you served? By Law Enforcement 

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? I live in Habersham Georgia

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 21

11. When did you open the account (looking to establish what card agreement may be applicable) July 21

12. What is the SOL on the debt? 4-6 years I think.  

13. What is the status of your case? Complaint has been filed by plaintiff, I did accidentally admit to owing the debt when I called Stegner and Stegner and they mailed me a letter offering to pay 480 for the next 3 months

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

15. Did you request debt validation before the suit was filed? No.

16. How long do you have to respond to the suit? 30 days

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of sale and statements from Synchrony 

[BV80]

What is your question(s)?

[spivdad]

Just now, BV80 said:

What is your question(s)?

Did I mess up by admitting the debt, do I have a defense? Sorry, night shifter my brain doesn't work this early. 

[nobk4me]

I think you can easily beat this using arbitration.  Best info on arb is here:

 

Synchrony has a great arb clause, essentially free JAMS.

@Clydesmom knows about Georgia courts.  Maybe she has some advice.

 

[BV80]

53 minutes ago, spivdad said:

Did I mess up by admitting the debt, do I have a defense? Sorry, night shifter my brain doesn't work this early. 

It was made out of court, so it’s possible you’re ok.  Synchrony has a good arbitration provision.  Read the thread nobk4me posted in the previous post.  Also, hopefully Clydesmom will be along.

[Clydesmom]

I am working today but will do a full answer back here a bit later.

[Clydesmom]

On 12/28/2022 at 10:38 AM, spivdad said:

Did I mess up by admitting the debt, do I have a defense? Sorry, night shifter my brain doesn't work this early. 

Forget about anything you said on the phone because it was technically a settlement discussion which is inadmissible in court.  

Your court should have pre-printed answer forms you can use.  Wait until day #20 to answer.  You check off "denied" and sign it/hand it to the court clerk.  They will stamp it and give you a copy.  Within 30 days the court will notify you of the hearing date.  I presume this is in Magistrate Court.

Magistrate Court is trial by ambush and you are in a rural county which means the good ol' boy network.  If you want to try the arbitration route type up a motion to compel arbitration with your specific facts and make 3 copies.  All you have to do is show up to court with them.  DO NOT file them in advance.  Magistrate Court does not allow that.  On the hearing day the lawyer for the Plaintiff may approach you about settling.  That is when you hand them their copy of the motion and tell them you are going to ask the court to compel this.  If they ask why be prepared to explain it clearly without emotion.  If they complain about the cost you stand firm and state that they agreed to the terms and conditions when they bought the account and are bound by them.  If they ask if you are admitting to the account being yours you state "NO, I am saying that the card agreement that belongs to the account alleged in the complaint has this option and I am exersizing it for a more objective and less stressful forum for a pro-se defendant."  Get a friend or family member to play Magistrate and hard ball prior to this day where you can rehearse being grilled if they do that so that nerves don't over take you.  

If the court denies the motion be prepared to go to trial right then because they will.  That is how it works.  If you lose you can appeal to State Court and it is a trial de novo where you start over brand new.  Any questions come back here.