Author Topic: New to Ga Magistrate, ugh.  (Read 2720 times)

0 Members and 1 Guest are viewing this topic.

AnAmericanMom

  • Valued Member
  • Posts: 61
New to Ga Magistrate, ugh.
« on: February 19, 2014 03:22:40 PM »
Ga Magistrate

Midland
Assignee of Chase   


(They will have no docs between them and Chase, Midland is a second or a third buyer)

Complaint on Credit Card account

1) Defendant  is resident and is subject to the jurisdiction of this court. . .

2) Defendant is indebted to Plaintiff for 6000.00

3)Defendant entered into a credit card agreement with the O C identified as a CC account number **8888
Defendant received and used the CC at issue in this action.
( Those two lines are important. It is not a Chase card.  Records will not be Chases. )

4) Defendant breached the CC agreement by failing to pay as agreed and left an outstanding balance of $6000.00

5) All rights and title to Defendant's CC account were legally assigned to Plaintiff in writing.

6) Defendant is liable to Plaintiff for the sum of $6000.00 principal plus court costs.

7) Despite demand by Plaintiff, Defendant has failed to pay the amount due on the CC account.

8) Plaintiff herein makes notice,  pursuant to O.C.G.A. 24-8-803(6), of its intent to introduce records of regularly conducted activity using affidavit testimony in lieu of a live witness at trial.

9) Pursuant to O.C.G.A. 24-9-902, Plaintiff will make its records of regularly conducted activity available to Defendant for inspection prior to trial..

Wherefore, Plaintiff demands Judgment against Defendant in the principal sum of $6000.00 and court costs $100.


Now I have pretty much sat on this awhile, as I kept reading of similar and current cases.  I fully intended to answer and use the plaintiffs claim of an underlying agreement to give notice I would elect private arbitration.

I prepared a motion to compel if not stayed.

I used the time to prepare to fight them, if they tried to stop the arbitration.

Finally for the worst case scenario, I prepared a preliminary opposition to MSJ. 

I worried about the fact of everything this court lists or notes in relation to small claim cases. All  basically revolves around  forms or answers to make payment arrangements.  I am too old for this!

What would the following personal record do to this complaint, if anything at all?

 
Cardmember service                                                                                     Chase logo
P.O. box 17280
Wilmington, DE



Name
Address
City, State zip

ACCOUNT NUMBER ENDING: 8888

Date:  Month after last reported payment. 2009

Dear me,

We have made attempts to contact you regarding a credit card account recently opened in your name. It is important that we speak with you to verify information on your new account. Please contact us immediately at 1-800-555-5555.  We are available to assist you 24 hours a day, 7 days a week.

We thank you for your assistance and regret any inconvenience caused by our fraud prevention efforts.
Please disregard this letter if you have previously spoken to us concerning this issue.

Sincerely,
 
Not signed by anyone

Fraud operations
Overseas please call collect 1-302-555-5555


Account is owned by Chase Bank USA, N.A. and may be serviced by its affiliates.
End doc


I never had a chase card!  As far as what will be produced, would at best be old wamu  statements.  Chase statements would at best be billing interest and late fees on that alleged account. 

What, if anything does a document like this do to an alleged claim? Is it enough to seek dismissal for I don't know? Non-suit?

It has been awhile since I have needed any help. I am here a lot to try to stay current, though. I am looking for out of this court anyway possible!

I have several good reasons not to deal with the law firm and this Ga court.




 

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: New to Ga Magistrate, ugh.
« Reply #1 on: February 19, 2014 04:48:44 PM »
It is not a Chase card.

Then what was it? Chase absorbed WAMU which was Providian prior to that. They also absorbed HSBC recently. These are mergers and acquisitions approved by the OCC, you will not get much traction there.

You have to concentrate on Midland. Make them prove ownership of the account. Also look to see if you get to appeal to a higher level court. Magistrate Court is like small claims and they usually just run you over.

Pursuant to O.C.G.A. 24-9-902, Plaintiff will make its records of regularly conducted activity available to Defendant for inspection prior to trial.

Make sure they do. Probably our pal Fred Hanna.

The letter they sent won't be worth anything unless you followed up on it and claimed ID theft. By ignoring it, you acknowledged that it was your account. At least that it what they will argue.

You need an agreement from when the account was not in default, look for one that has arb. That usually runs Midland off, they won't pay for arb.
« Last Edit: February 19, 2014 05:52:08 PM by Brunothe JDBKiller »
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

AnAmericanMom

  • Valued Member
  • Posts: 61
Re: New to Ga Magistrate, ugh.
« Reply #2 on: February 19, 2014 05:28:12 PM »
Bruno,
Thanks!
Oh well I was wondering.

Oh and yes,  you Nailed it! So far 3 wins and 1/2 if their ex. Dennis Henry being sent with his tail between his legs, counts.





 

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: New to Ga Magistrate, ugh.
« Reply #3 on: February 19, 2014 07:52:39 PM »
In that case, you know what to do. Make Freddie wish he went to cooking school.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

howucantoo

  • Valued Member
  • Posts: 7513
Re: New to Ga Magistrate, ugh.
« Reply #4 on: February 19, 2014 08:42:41 PM »
For arbitration:

Use a Chase agreement that does not have small claims exemption (I think it is $25000) .

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.

fisthardcheese

  • Valued Member
  • Posts: 3840
  • They forced arbitration into your contract. Use it
Re: New to Ga Magistrate, ugh.
« Reply #5 on: February 19, 2014 10:30:52 PM »
The GA small claims cattle call is different than what other people post about here.  There likely will be no MSJ.  Once you file an answer, you will get a court date set for one month later.  Barring anything spectacular that I have not witnessed yet, this will be your one and only time in court for this matter.  It will be decided on this day, no matter what.

Even if you file motions (such as MTC Arb) the judge will not rule on it or even look at it until you are standing in front of him on your court date.

Before you even get to stand in front of the judge, you will most likely be asked to meet with the Plaintiff's lawyer who will throw all kinds of intimidation tactics at you to get you to agree to a Summary Judgement against yourself.  I've seen this work almost 100% of the time on the poor unknowing saps who at least had the nerve to show up that day.

In my little back room meeting, their lawyer was visibly nervous and wanted nothing to do with me since I filed a very sloppy FDCPA counterclaim against them.  It was my first time ever dealing with such a thing and I will never again use the horrible answer and counterclaim I filed back then, but it was still enough for them to come already with a MTD w Prejudice already typed up and ready for me to sign.  That's how little it will take to defeat these scum.

I would file an answer and see if you can find any FDCPA or TCPA violations against midland (or the lawfirm, who will likely be calling you up until the court date with fun violations).  If you do, file a counterclaim with your answer.  File the MTC arb at the same time too.  Don't get worried when you hear nothing but make sure you show up for court.  My guess is they will talk to you before you face the judge and agree to dismiss.  If not, simply read your MTC arb to the judge at your first chance to speak.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

AnAmericanMom

  • Valued Member
  • Posts: 61
Re: New to Ga Magistrate, ugh.
« Reply #6 on: February 19, 2014 11:43:32 PM »
For arbitration:

Use a Chase agreement that does not have small claims exemption (I think it is $25000) .

I will look for one!
Thanks!

AnAmericanMom

  • Valued Member
  • Posts: 61
Re: New to Ga Magistrate, ugh.
« Reply #7 on: February 20, 2014 12:01:45 AM »
The GA small claims cattle call is different than what other people post about here.  There likely will be no MSJ.  Once you file an answer, you will get a court date set for one month later.  Barring anything spectacular that I have not witnessed yet, this will be your one and only time in court for this matter.  It will be decided on this day, no matter what.
That is my concern. I had a case end up with mutual dismissal W/ prejudice and a NDA. Great right,  but? 

Prior to that, I was never notified about trial. Yes I called,  not daily, but I called. I was told as pro se they would notify me, that never happened.  Regardless,  due to court error.?  The court ruled for the Plaintiff's MSJ. It was decided 2+ weeks before my time to submit an Opposition to SJ.

till this day I have not gotten that initial judgement off my CRA's


It has been in my CRA's since 2011. Last dispute  January I faxed my copy of the error and the mutual dismissal cover page to Experian.  An agent on a three way call tried to verify the vacated judgment. No go.

The clerk  assistant, screamed it was a public record you or he ( the experian rep), can come down to court and make copies,  all 90 pages, at $1.00 per page.

The kicker is it is not the court or the original plaintiff doing the reporting.  it is whoever allegedly grabs the records in person off that boon dock courts internal system.

Oh and when I had the vacated judgment. My first request that the record be removed. Sent in the vacated judgment page.
It came back remained and updated to a paid claim, will remain till 2018.
Total fallacy.

cprems

  • Valued Member
  • Posts: 2190
Re: New to Ga Magistrate, ugh.
« Reply #8 on: February 20, 2014 02:29:57 AM »
That is my concern. I had a case end up with mutual dismissal W/ prejudice and a NDA. Great right,  but? 

Prior to that, I was never notified about trial. Yes I called,  not daily, but I called. I was told as pro se they would notify me, that never happened.  Regardless,  due to court error.?  The court ruled for the Plaintiff's MSJ. It was decided 2+ weeks before my time to submit an Opposition to SJ.

till this day I have not gotten that initial judgement off my CRA's


It has been in my CRA's since 2011. Last dispute  January I faxed my copy of the error and the mutual dismissal cover page to Experian.  An agent on a three way call tried to verify the vacated judgment. No go.

The clerk  assistant, screamed it was a public record you or he ( the experian rep), can come down to court and make copies,  all 90 pages, at $1.00 per page.

The kicker is it is not the court or the original plaintiff doing the reporting.  it is whoever allegedly grabs the records in person off that boon dock courts internal system.

Oh and when I had the vacated judgment. My first request that the record be removed. Sent in the vacated judgment page.
It came back remained and updated to a paid claim, will remain till 2018.
Total fallacy.

File an arbitration demand against the CRA. I'd also file suit against the CA who placed the erroneous judgment on your credit report. The CRA will fold and remove the judgment especially if you have Court documents stating that it was dismissed with prejudice.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

fisthardcheese

  • Valued Member
  • Posts: 3840
  • They forced arbitration into your contract. Use it
Re: New to Ga Magistrate, ugh.
« Reply #9 on: February 20, 2014 03:12:43 AM »
The clerk  assistant, screamed it was a public record you or he ( the experian rep), can come down to court and make copies,  all 90 pages, at $1.00 per page.

You don't need all 90 pages. You only need the 1 or 2 pages that include the court order of dismissal.  I would then, as cprems said, use arb or a lawsuit against the CRA and whoever furnished them with the false judgement information.  You can force their hand through federal court.

However, you should not let this cloud your current case.  You still need to focus on your answer, possible counter claims and MTC arb.  Then find your county's magistrate website and watch your case on it.  If the other side files anything it will show up there and you can jump on it if it happens. 

Out of paranoia I always checked my case files online every day in the month leading up to court dates. I had a sneaky landlord CA file a counterclaim the day before trial when I sued them in magistrate.  Instead of being ambushed in court the next day, I already had a copy of it and great defenses ready to go because I checked the case online each day.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

AnAmericanMom

  • Valued Member
  • Posts: 61
Re: New to Ga Magistrate, ugh.
« Reply #10 on: February 20, 2014 03:21:16 AM »
File an arbitration demand against the CRA. I'd also file suit against the CA who placed the erroneous judgment on your credit report. The CRA will fold and remove the judgment especially if you have Court documents stating that it was dismissed with prejudice.

cprems,

Thank you,  I will see how I can go about something like that. That is  very helpful!.

AnAmericanMom

  • Valued Member
  • Posts: 61
Re: New to Ga Magistrate, ugh.
« Reply #11 on: February 20, 2014 03:33:00 AM »
--However, you should not let this cloud your current case. --

fisthardcheese,

Thanks, yes I know. As your reading one thing something comes up and jogs all the other things shoved on the back burner.

Thanks so much.  Everyone is very encouraging. This place helps clear things up when you get off track.