Author Topic: Sued in Wrong County in Georgia  (Read 2179 times)

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janegreer

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Sued in Wrong County in Georgia
« on: January 03, 2017 04:41:20 PM »
I just found out I am being sued in DeKalb County, Georgia. The only reason I know about the lawsuit is because I have received dozens of solicitations from law firms shortly after the suit was filed that were forwarded to my new address in another county. I would just ignore the lawsuit, but I am afraid that the debt buyer's attorney will lie and say I was served in DeKalb County and win a default judgment against me. Has this ever happened to anyone else? What are my options?

Flyingifr

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Re: Sued in Wrong County in Georgia
« Reply #1 on: January 03, 2017 05:01:26 PM »
I just found out I am being sued in DeKalb County, Georgia. The only reason I know about the lawsuit is because I have received dozens of solicitations from law firms shortly after the suit was filed that were forwarded to my new address in another county. I would just ignore the lawsuit, but I am afraid that the debt buyer's attorney will lie and say I was served in DeKalb County and win a default judgment against me. Has this ever happened to anyone else? What are my options?

Happens all the time (being sued in wrong county or State, process server lying about serving defendant and/or a default judgment being entered).

What would I do? I would monitor the progress of the suit in DeKalb County. One of two things will happen:

1: Either the process server will do the correct thing and state that you cannot be found at the address provided, or
2: The process server will lie by filing a false Affidavit of Service.

If #1, then the suit should end up being dismissed for lack or Service. There is a chance the Plaintiff may ask the Court for Service by Publication. That Motion would show up in the case progress files that you are monitoring.

If #2 the you file an Answer in DeKalb County denying the Court's jurisdiction over you, along with a suit against the Plaintiff for the FDCPA violation of suing you in the wrong jurisdiction and against the Process Server for denying you your civil rights by filing a false and fraudulent Affidavit of Service.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

janegreer

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Re: Sued in Wrong County in Georgia
« Reply #2 on: January 03, 2017 05:21:41 PM »
Thanks for your help. You have given me some peace of mind.

By the way, what happens with the case if the Plaintiff asks the Court for Service by Publication? Will they then get a default judgment against me, or is the Judge likely to dismiss the case?
« Last Edit: January 03, 2017 05:38:37 PM by janegreer »

fisthardcheese

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Re: Sued in Wrong County in Georgia
« Reply #3 on: January 03, 2017 06:33:03 PM »
Thanks for your help. You have given me some peace of mind.

By the way, what happens with the case if the Plaintiff asks the Court for Service by Publication? Will they then get a default judgment against me, or is the Judge likely to dismiss the case?

You can go to http://ojs.dekalbcountyga.gov/ and search for the case number that appears on all the junk mail you are getting.  This will allow you to keep an eye on the court docket and you will know if they claim that you were served and a hearing date is set.  A hearing would be set 30 days after any supposed service, so you will have plenty of time to deal with that should it happen.

Who is the JDB that is trying to sue you and who is the OC they bought the debt from?  We may be able to help you kill this off before they end up suing you in your current county.
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)

janegreer

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Re: Sued in Wrong County in Georgia
« Reply #4 on: January 03, 2017 06:40:00 PM »
According to the case information found online, the JDB is Midland Funding LLC and the OC is Barclays Bank Delaware.

fisthardcheese

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Re: Sued in Wrong County in Georgia
« Reply #5 on: January 03, 2017 06:55:54 PM »
According to the case information found online, the JDB is Midland Funding LLC and the OC is Barclays Bank Delaware.

Because they filed in the wrong county, I would first go with the advise of contacting an attorney as mentioned on the other board.  If the attorneys don't want to take your case or want to charge you to defend the case, come back here and let us know.  You can use the Barclay's Card agreement to file private arbitration on Midland and that will prevent them from being able to (legally) sue you again in the correct county. 

But I have a feeling you may get help from an attorney on this one once you call them and explain your situation.
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)

11181986

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Re: Sued in Wrong County in Georgia
« Reply #6 on: January 04, 2017 02:30:22 PM »
Defend the action and file an answer and you automatically collect your $1,000.00

If the process server can't find you, and the case is dismissed for no service of the complaint upon you, then there is no FDCPA violation under Spokeo (this used to be a violation in the past).

However, if you defend an action in another county, you then have standing to maintain FDCPA claim.


Flyingifr

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Re: Sued in Wrong County in Georgia
« Reply #7 on: January 04, 2017 03:30:11 PM »
Thanks for your help. You have given me some peace of mind.

By the way, what happens with the case if the Plaintiff asks the Court for Service by Publication? Will they then get a default judgment against me, or is the Judge likely to dismiss the case?

If they are granted Service by Publication, that takes the Process Server's Affidavit of Service out of the mix, but it does not resolve the jurisdictional problem of the wrong County.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

LightBearer1307

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Re: Sued in Wrong County in Georgia
« Reply #8 on: January 04, 2017 03:49:03 PM »
Defend the action and file an answer and you automatically collect your $1,000.00

If the process server can't find you, and the case is dismissed for no service of the complaint upon you, then there is no FDCPA violation under Spokeo (this used to be a violation in the past).

However, if you defend an action in another county, you then have standing to maintain FDCPA claim.


I would consider filing a motion to dismiss for lack of personal jurisdiction and then around the same time initiate an FDCPA lawsuit as the plaintiff. You're not obligated to appear in the action and file a full-blown answer with a counter-claim because you say the court is wrong and has no personal jurisdiction over you.

You sue the debt collector for the FDCPA violation and then if they later file in a correct court I would file an answer with a counter-claim for a new FDCPA violation and allege that what was unfair and deceptive is that they are suing you twice for the same debt and it is unfair that they first sued you in an improper court, costing you time and money to address the issue, and now they want to sue you in the proper court in what is obviously an attempt to wear you down with attrition.

I'd hit them up for the second/separate FDCPA violation and either that settles and they contractually agree to write the debt off, cease collection activity, and not sell/give/transfer/etc the debt to any other party, or you go to a judgment on the matter.


Or in the wrong court, file a full-blown answer with a counter-claim and lawyer up so the lawyer can rack up fees and with the fee shifting provision of the FDCPA it should be easy to stick them with your atty fees because they violated the FDCPA by suing you in the wrong court.


There are any number of ways to attack this problem... You should consider conferring with an attorney in your area and deciding which way might work best for you.

Bruno the JDB Killer

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Re: Sued in Wrong County in Georgia
« Reply #9 on: January 04, 2017 04:28:00 PM »
Suing for a debt in the proper venue is not a violation, nor is it "unfair." If the first FDCPA suit is successful, they will be punished. Res judicata attaches,
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

11181986

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Re: Sued in Wrong County in Georgia
« Reply #10 on: January 04, 2017 05:51:10 PM »

I would consider filing a motion to dismiss for lack of personal jurisdiction and then around the same time initiate an FDCPA lawsuit as the plaintiff. You're not obligated to appear in the action and file a full-blown answer with a counter-claim because you say the court is wrong and has no personal jurisdiction over you.

This is also valid option.

You sue the debt collector for the FDCPA violation and then if they later file in a correct court I would file an answer with a counter-claim for a new FDCPA violation and allege that what was unfair and deceptive is that they are suing you twice for the same debt and it is unfair that they first sued you in an improper court, costing you time and money to address the issue, and now they want to sue you in the proper court in what is obviously an attempt to wear you down with attrition.

This wouldn't work because the second FDCPA action would be barred under Res Judicata.

fisthardcheese

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Re: Sued in Wrong County in Georgia
« Reply #11 on: January 04, 2017 06:38:02 PM »
Defend the action and file an answer and you automatically collect your $1,000.00

If the process server can't find you, and the case is dismissed for no service of the complaint upon you, then there is no FDCPA violation under Spokeo (this used to be a violation in the past).

However, if you defend an action in another county, you then have standing to maintain FDCPA claim.

You know nothing of GA Magistrate courts.  File an answer and "automatically collect your $1k" is the dumbest thing you have said to date. And that's saying a lot.

Your claims of Spokeo invalidating an FDCPA violation is laughable.


I would consider filing a motion to dismiss for lack of personal jurisdiction and then around the same time initiate an FDCPA lawsuit as the plaintiff. You're not obligated to appear in the action and file a full-blown answer with a counter-claim because you say the court is wrong and has no personal jurisdiction over you.

I would file nothing without being served.  Especially in a GA Magistrate Court where no motions are heard outside of a trial.
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)

BellEbutton

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Re: Sued in Wrong County in Georgia
« Reply #12 on: January 04, 2017 06:57:21 PM »


Your claims of Spokeo invalidating an FDCPA violation is laughable.



If a complaint is filed in the wrong court but the consumer is never served, there would be no violation.  As a result, Spokeo would apply because the consumer has not suffered an injury.

fisthardcheese

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Re: Sued in Wrong County in Georgia
« Reply #13 on: January 04, 2017 07:35:07 PM »
If a complaint is filed in the wrong court but the consumer is never served, there would be no violation.  As a result, Spokeo would apply because the consumer has not suffered an injury.

If a creditor improperly filed a lawsuit against me, that would cause me to be extremely frustrated, angry and anxious.  I have now been emotionally damaged.  I would seek $50,000 in actual damages and $1,000 in Statutory damages against them.
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)

11181986

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Re: Sued in Wrong County in Georgia
« Reply #14 on: January 04, 2017 08:04:41 PM »
If a creditor improperly filed a lawsuit against me, that would cause me to be extremely frustrated, angry and anxious.  I have now been emotionally damaged.  I would seek $50,000 in actual damages and $1,000 in Statutory damages against them.

No. This has already been litigated post Spokeo and the consumer has lost. I've posted the cases.