magistrate court
Date: Thu, 01/28/2010 - 18:13
Okay, you say old, how old? when was the last time you made a pa
Okay, you say old, how old? when was the last time you made a payment? If the debt is time barred, you can countersue plus have their claim thrown out. Credit cards are 4 year Statute in Georgia.
Magistrate courts in GA are for $15,000 or less...
http://www.georgiacourts.org/magistrate_court.php
The affidavit you could most likely object to as hearsay. For one, how far away is this person claiming on the affidavit? Is it signed and sealed by a notary and is the notary in the same state/zip as the person claiming this? So has it been destoryed or is it no longer accessible, he as an officer should know. If it has been destroyed, that simply means that, if it is no longer accessible then most likely the OC could be holding out and saying, "TOO BAD" to the debt collector.....
They probably purchase these debts cheap with little info. It takes time to get it so the OC rather just give them basics with no promise of collectability, and most of the time regarless of what is available, what you see is what you get, you want a contract, too bad, that is pretty much how it works.
So, did they sue you for breach of contract? Does the affidavit imply in any way that there was a contract with you or does it just say not available or destroyed?
There is no proof of the originaltion of the affidavit. You have the OC in one state, a debt buyer in another and a collection law firm in another state suing you, I say it's hearsay and has no standing.
For your last question, I do not know your states laws but pretty much every state I know of, an answer needs to be filed. It should say on the summons to what needs to be done and you could call the courthouse to see also.
Last payment was in august 07. Paperwork says its a statment of
Last payment was in august 07. Paperwork says its a statment of claim that I owe around 8000 in principal and around 2000 in interest. Nothing saying how they came up with those amounts and just says suit on account and nonpayment on account. Affidavit was originated in Greeensboro NC and notary stamped it Guilford CO., NC. The affidavit isnt signed, just initialed and the initials arent even from the person whose name is stamped in the undersigned line. The line about the contract reads: the original contract in ths matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as the original document for all purposes. If any originals are discovered, they will be submitted to the court for review.
They also included a credit card statement with my name on it with a balance due of 9100.
It says I can either file a written answer or give an oral answer to the clerk of court during regular business hours.
and on the affidavit the guy that made it says there was an amou
and on the affidavit the guy that made it says there was an amount of 10,500 was legally due on 2/2008...how can they come up with 3 different amounts? Not sure how they can use an affidavit saying I owed 10,500 one month and now that I owe 8500 on the suit and an old statement saying 9100. Even in magistrate court shouldnt they have to prove where these amounts came from?
Who filed the case against you in magistrate court? It wouldn't
Who filed the case against you in magistrate court? It wouldn't happen to be Fred Hanna and Associates would it?
Yeah that affidavit should not be good. A few flaws in it, For a
Yeah that affidavit should not be good. A few flaws in it, For an affidavit to stand, it needs to be signed in front of the notary, the statement has to be given in front of a notary. You would have to check the distances from each town, that would give you a good idea.
If they said the contract was destroyed or is no longer available, they can't say that if originals are discovered, they will be submitted to the court.
The original contract they submitted must be from the original creditor, not what the debt collector has in their files.