Author Topic: Suit from Fred Hanna, FIA, Magistrate Court, GA  (Read 16131 times)

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mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #30 on: April 23, 2014 03:07:16 PM »
Mediation Session is Friday, in a different building.  So just to be safe I'm filing the MTC tomorrow as well as sworn affidavits for the CC agreement and the DV letter containing the arbitration invocation.

I'll let you know how it goes on Friday!

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #31 on: April 24, 2014 03:29:07 PM »
I filed the MTC, Judge's Order, and affidavits.  The clerk said it was very unusual to file paperwork and asked "Are you a lawyer?" lol

Now I'm starting to get nervous.   I hope the judge isn't a total rube about this stuff.

Clydesmom66

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #32 on: April 24, 2014 03:52:57 PM »
I filed the MTC, Judge's Order, and affidavits.  The clerk said it was very unusual to file paperwork and asked "Are you a lawyer?" lol

Now I'm starting to get nervous.   I hope the judge isn't a total rube about this stuff.

No, the reason the clerk questioned it is because the court is not even going to glance at that motion prior to trial.  Filing all of that in advance accomplishes absolutely NOTHING in Magistrate Court.

It is't that the Judge is a rube it is that what you did violates the Rules of Civil Procedure for Magistrate Court.  GA Magistrate Court does not allow ruling on motions other than dismissal outside of trial.  Magistrate court also does not allow filing affidavits, discovery, rogs, or RFAs.  Any motions are reviewed and decided at trial and all discovery is done during the trial itself. 
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #33 on: April 24, 2014 05:11:20 PM »
No, the reason the clerk questioned it is because the court is not even going to glance at that motion prior to trial.  Filing all of that in advance accomplishes absolutely NOTHING in Magistrate Court.

It is't that the Judge is a rube it is that what you did violates the Rules of Civil Procedure for Magistrate Court.  GA Magistrate Court does not allow ruling on motions other than dismissal outside of trial.  Magistrate court also does not allow filing affidavits, discovery, rogs, or RFAs.  Any motions are reviewed and decided at trial and all discovery is done during the trial itself.

I should've clarified: I know it's not accomplishing anything.  I just want the paperwork in both buildings just in case.  I also wanted the paperwork stamped by the clerk so I could keep a copy of the stamped paperwork with me in the Mediation Session building in case the lawyer didn't believe my MTC was serious (IF I decide to tell him about it, though even filed he may not believe it's serious, ah well).  I also wanted the paperwork filed so I would have backups in the courthouse just in case I slip up and forget anything tomorrow.

The "rube" comment was based on a few other things the clerk said about the judge, not related to the filing comment.

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #34 on: April 25, 2014 04:56:39 PM »
Well, Mediation Session was very painless.

I was the lawyer's last one of the day.  The lawyer was very nice and after the disclaimers and such he asked if there was any way we could settle things.  I informed him of the arb clause in the contract, which he did not know about.  I also told him that I invoked arb in the dispute letter, but had not initiated because I cannot choose the arb company per the contract.  He nicely said "Okay, we'll work it out in private arbitration."  No arguments.

Court date is June 23rd.  I realize they may bait-and-switch or crack down on that date, but so far it went very smoothly!

fisthardcheese

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #35 on: April 26, 2014 02:32:00 PM »
No, the reason the clerk questioned it is because the court is not even going to glance at that motion prior to trial.  Filing all of that in advance accomplishes absolutely NOTHING in Magistrate Court.

It is't that the Judge is a rube it is that what you did violates the Rules of Civil Procedure for Magistrate Court.  GA Magistrate Court does not allow ruling on motions other than dismissal outside of trial.  Magistrate court also does not allow filing affidavits, discovery, rogs, or RFAs.  Any motions are reviewed and decided at trial and all discovery is done during the trial itself.

Stop telling people they are violating court rules by doing this.  It is absolutely untrue.

http://www.georgiacourts.gov/files/UNIFORM%20MAGISTRATE%20COURT%20RULES%20-%2001_25_13_.pdf
Quote
No party or attorney shall be required to respond to a motion, including a request for relief under the Civil Practice Act (OCGA 9-11-1 et. seq.) prior to a scheduled hearing unless otherwise directed by the court. Unless otherwise provided by the court, pre-judgment motions shall be ruled on at the first scheduled hearing for the case.

It is perfectly fine to file motions in GA Magistrate Court.  Just because it will not be ruled on before the hearing date does not make it improper or a wrong thing to do.  If it were a "violation of the rules" as you put it, then the rules would not clearly spell out that such motions will be ruled on at first hearing date and that the other party is not obligated to respond to any motions.
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)

Bruno the JDB Killer

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #36 on: April 26, 2014 03:29:57 PM »
Discovery is allowed under Rule 40.

Rule 40. Pre-Trial Discovery


Use of OCGA 9-11-26 through 9-11-37 for purposes of pre-trial discovery in the magistrate court is not favored; however, requests for such discovery may be entertained when made by joint request of all parties. Requests for use of these provisions may also be allowed for preservation of testimony, obtaining evidence from out-of-state, minimizing expense and similar purposes in order to do substantial justice or lessen the expense to the parties.
 
No party or attorney may file any discovery request pursuant to OCGA 9-11-26 through 9-11-37 without permission of the court; any such filing shall be a nullity.
 
Where discovery is permitted by the magistrate court, the magistrate may nevertheless decline to rule on a motion pursuant to OCGA 9-11-37 in which case such motion may be renewed upon de novo appeal.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Clydesmom66

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #37 on: April 26, 2014 03:47:41 PM »
Stop telling people they are violating court rules by doing this.  It is absolutely untrue.

http://www.georgiacourts.gov/files/UNIFORM%20MAGISTRATE%20COURT%20RULES%20-%2001_25_13_.pdf
It is perfectly fine to file motions in GA Magistrate Court.  Just because it will not be ruled on before the hearing date does not make it improper or a wrong thing to do.  If it were a "violation of the rules" as you put it, then the rules would not clearly spell out that such motions will be ruled on at first hearing date and that the other party is not obligated to respond to any motions.

Clearly you do NOT know the Magistrate Court and the good old boy network of Georgia.  ALL filing those motions did was show that bottom feeder Fred Hanna that the OP is getting spurious help from the internet and has NO clue how to fight them in court.  That is why the attorney agreed to go to arbitration.  You grossly underestimate how far old Freddie will go to get a judgment.  ARB in GA is pointless as they will rubber stamp for Freddie even faster than the Magistrate did.  How do I know this?  The OP posted this after the mediation hearing:

I also told him that I invoked arb in the dispute letter, but had not initiated because I cannot choose the arb company per the contract.  He nicely said "Okay, we'll work it out in private arbitration."  No arguments.

Of course they didn't argue because they are not going to pick JAMS.  They will find the cheapest arbitration service they can manipulate and run with it.  Playing that ARB card works when the defendant can force them into JAMS at a cost 3 to 4 times what the suit is based on.

The Magistrate wasn't asking if the OP was a lawyer out of respect.  They know what the process is and this isn't it.  It is a complete waste of time and money to file motions for MC because the Magistrate will NEVER see it until the actual trial.  I guarantee you that before the door to the courthouse even closed behind the OP those motions were the subject of the office humor for the day if not the week with the clerks.

You can cut and paste links from the internet all you want but that link doesn't tell you the actual way the system runs.  Depending on the county this is in it could be professionally run and by the rules of civil procedure or it could be nothing more than a kangaroo court.
« Last Edit: April 26, 2014 04:18:24 PM by Clydesmom66 »
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

fisthardcheese

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #38 on: April 26, 2014 04:51:02 PM »
You can cut and paste links from the internet all you want but that link doesn't tell you the actual way the system runs.  Depending on the county this is in it could be professionally run and by the rules of civil procedure or it could be nothing more than a kangaroo court.

The cut and paste is the rules of the court.  A court can choose not to follow their own rules, but that's why there are appeals courts.

It does not mean you are "in violation of the rules" because you follow the rules (regardless of if those rules are from a link someone copied and pasted from the court's own website).

You giving people wrong information and telling them they are violating court rules when they are doing nothing wrong is no better than the "good ol boy" network you are so worried about in Magistrate Court.
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)

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #39 on: April 26, 2014 04:57:53 PM »
Well, Mediation Session was very painless.

I was the lawyer's last one of the day.  The lawyer was very nice and after the disclaimers and such he asked if there was any way we could settle things.  I informed him of the arb clause in the contract, which he did not know about.  I also told him that I invoked arb in the dispute letter, but had not initiated because I cannot choose the arb company per the contract.  He nicely said "Okay, we'll work it out in private arbitration."  No arguments.

Court date is June 23rd.  I realize they may bait-and-switch or crack down on that date, but so far it went very smoothly!

Keep very careful records on anything the law firm sends you or tells you on the phone (record all calls with them).  Even though the plaintiff is an OC, the law firm is still subject to the FDCPA and this one is likely to violate at some point.  This may help you down the line.
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)

CleaningUp

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #40 on: April 26, 2014 05:00:51 PM »
What Clydesdale is referring to is the tendency for magistrates courts to be nothing more than rubber stamps for the plaintiffs, ignoring the rules at their pleasure. Mayberry courts, in essence, where the ring-knockers have full sway and are more than willing to throw out the rules when they see them as an impediment to their view of justice.

These are found in many districts, and anyone entering into their presence needs to be aware that they may not get a hearing that goes by the rules.

The answer to that is to make objections in a timely fashion on the issues of rules, thereby preserving the right to address those matters of law on appeal.

Many states allow the appeal of magistrate (small claims) rulings de nova in the next higher court, and anyone feeling railroaded at the magistrate level should consider such an appeal if it is allowed. 

If a de nova appeal is not permitted under the rules, an appeal based on the errors in applying the law would be the way to go.

fisthardcheese

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #41 on: April 26, 2014 05:20:27 PM »
I agree with everything you said, CleaningUp.  My issue is with Clydes always telling new people that they are wrong or are "violating court rules", when they are actually doing quite the opposite.

Just because a court may not follow it's own rules does not mean that one of us should also just throw our hands up and try to play the game their way.  We still have to play it the correct way, with the rules as written.  If that results in the courts or other side rolling over us because we are eating into their time together at the pub or the greens, then so be it. 

GA does have de novo appeals for Magistrate cases.

I feel it does a dis-service to people coming here looking for help with their cases, most being their first time ever having to go to a court at all, and Clydes is here causing them to panic and worry even more by giving them incorrect information and using every scare tactic in the book. 

Most people here give great critical feedback to help people. That feedback is usually always based in facts, with laws, rules and cases to show the poster why they are doing something wrong.  But when someone is actually following the rules and going something right, Clydes tells them they are "violating court rules" simply because she doesn't like what they are doing.
« Last Edit: April 26, 2014 05:26:28 PM by fisthardcheese »
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)

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #42 on: April 26, 2014 05:45:17 PM »
Of course they didn't argue because they are not going to pick JAMS.  They will find the cheapest arbitration service they can manipulate and run with it.  Playing that ARB card works when the defendant can force them into JAMS at a cost 3 to 4 times what the suit is based on.

AAA ain't that cheap either, and it's their only other choice since it has to be a NAF equivalent. lol

Filing Fee - $1500 (plus $1500 deposit)
First Telephone Hearing Fee - $500
Additional Telephone or in person hearings: $500 each
Arbitrator Compensation - $1500 per hearing day

Debt is only $2900.

The Magistrate wasn't asking if the OP was a lawyer out of respect.  They know what the process is and this isn't it.  It is a complete waste of time and money to file motions for MC because the Magistrate will NEVER see it until the actual trial.  I guarantee you that before the door to the courthouse even closed behind the OP those motions were the subject of the office humor for the day if not the week with the clerks.

No, the clerk (not the Magistrate) asked if I was a lawyer when he read the MTC and commented how professional it was.  I'm not concerned about the clerks having humor with it, since the clerk didn't even know what "arbitration" meant!  I explained it to him! lol

He had no problem putting the MTC's and affidavits in my file.  He just said it was unusual, but he did check and stated it was fine.  I knew it wasn't going to be read by the Magistrate yet.  The clerk put the paperwork in the folder for storage and that was that.  Which was all I wanted.  Sheesh!
« Last Edit: April 26, 2014 06:11:33 PM by mavefaldon »

mavefaldon

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #43 on: April 26, 2014 05:51:32 PM »
Keep very careful records on anything the law firm sends you or tells you on the phone (record all calls with them).  Even though the plaintiff is an OC, the law firm is still subject to the FDCPA and this one is likely to violate at some point.  This may help you down the line.

Thanks!  I did give the lawyer more of my contact information (email, etc), in case he wanted to talk before the court date, for that very reason.

CleaningUp

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Re: Suit from Fred Hanna, FIA, Magistrate Court, GA
« Reply #44 on: April 26, 2014 05:52:28 PM »
No.  You are wrong...either that or you are believing in that hogwash that you learned in your high-school civics classes.

Sadly, far too many believe in the "justice for all" mantra that is sold to our youth.

When you are in a Mayberry court, you play by the Mayberry Rules, no matter what they may be that day.  Your only recourse it to make your timely objections even though they are summarily overruled.

While I often disagree with Clydesdales conclusions, on this one, I think she has more right than wrong and the novice needs to hear the part that is true, and must investigate for himself that which is not. 

If we think she is wrong, then it is up to us to point it out and to provide the novice with the information that he needs to make his own decision.

Let me sum up what the novice has to accept:

The rules are irrelevant until he reaches a court or a level of court that actually recognizes and adheres to the rules.

That is the reality, and there is no getting around it.