How shall I handle this?
Date: Fri, 02/19/2010 - 08:53
Yes, I work, a whole 1/2 of my income goes to child support. So, now what do I do? Is there anything I can do? a garnishment would be terrible for my employer Walgreens to receive...is that what will happen?
I also had received in January a print out that said I had a Tax Time Settlement Offer...Plan A: 55% Off your balance, Plan B: 45% Off your balance, Plan C: 40% Off your balance, etc... the balance was higher ($1577.12) on this offer of payments...by the same company LVNV Funding LLC as purchaser of CREDIT ONE BANK N.A. (no address on LVNV) and this same attorney Emmett L. Goodman Jr. from Macon, Ga.
Around 3 years ago I could no longer pay the credit card and my child support which I have arrears of $17,000...that my tax refunds are automatically applied to by the child support government division each year. What do I do with this civil action served yesterday or with this paper that allows me until January 25th to settle my account for less?
Thank you for your help.
Well with the amount of your child support garnishment, you prob
Well with the amount of your child support garnishment, you probably cannot be garnished any further.
Are you in GA?
Hi there. I just wanted to acknowledge your post, please keep ch
Hi there. I just wanted to acknowledge your post, please keep checking back for replies, someone will be along when they are available, to advise you. Welcome!
Yes, I am in Ga. they were garnishing my wages 3 yrs ago but I b
Yes, I am in Ga. they were garnishing my wages 3 yrs ago but I became unemployed and then found a job a year ago at much less pay and they are not garnishing but I pay monthly to the child support division.
Gary - What county are you in? Is the case filed in Magistrate C
Gary - What county are you in? Is the case filed in Magistrate Court? Did LVNV attach any documents to their purported complaint?
What county are you in? Hall County, Ga. Is the case filed in M
What county are you in? Hall County, Ga. Is the case filed in Magistrate Court? State Court. Did LVNV attach any documents to their purported complaint? The summons, the complaint, Exhibit "A" signed by a "Tobie Griffin" a Plantiff's affadavit it says. And the pink slip from the deputy which has preprinted in fine print in the bottom right corner " The law firm of Emmett L. Goodman, Jr. for plantiff/creditor/movant is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
First, you need to send a DV CMRRR to this law firm. Second, you
First, you need to send a DV CMRRR to this law firm. Second, you need to file an answer in state court. I can provide you a sample if needed. Third, that purported "affidavit" is hearsay and inadmissible evidence. In other words, they have no evidence you owe the debt and are trying to manufacture their proof by creating this document. Any debt validation needs to come from the OC.
Did you call the courts to make sure the lawsuit is real? If it
Did you call the courts to make sure the lawsuit is real? If it is A DV letter is not going to do a thing at this point as you are involved in litigation. I highly suggest calling a consumer attorney if you have no idea on how to fight this case.
Noone here can give you advice as they are not an attorney in GA....doing so would be unlicensed practice of law. If you still have time, call an attorney first, you can find one at NACA.net.....if they can't help you then make sure you file an answer to the summons before the 30 days is up.
Yes if you fight it a affidavit is hearsay but in order to get it as hearsay you have to know the court rules and have to know how to get it stricken from the court records. That is why you need an attorney, because most likely they will ask that person to be at trial.......they know how to do it.
Quote:Originally Posted by pokertrampA DV letter is not going to
Quote:
Originally Posted by pokertramp A DV letter is not going to do a thing at this point as you are involved in litigation. Noone here can give you advice as they are not an attorney in GA....doing so would be unlicensed practice of law. If you still have time, call an attorney first, you can find one at NACA.net.....if they can't help you then make sure you file an answer to the summons before the 30 days is up. Yes if you fight it a affidavit is hearsay but in order to get it as hearsay you have to know the court rules and have to know how to get it stricken from the court records. That is why you need an attorney, because most likely they will ask that person to be at trial.......they know how to do it. |
1. "A DV letter is not going to do anything." Are you kidding me? This case was filed in state court which subjects this person to discovery (as opposed to a magistrate court fling). Why in the world wouldn't you send a DV prior to discovery???
2. "Noone here can give you advice as they are not an attorney in GA....doing so would be unlicensed practice of law." How do you know I am not a licensed attorney in the stat eof Georgia?
3. "Yes if you fight it a affidavit is hearsay but in order to get it as hearsay you have to know the court rules and have to know how to get it stricken from the court records." No, actually all you have to do is object, "hearsay your honor"
how hard is it to fight a credit card suit in GA magistrate cour
how hard is it to fight a credit card suit in GA magistrate court? If i deny the debt does it automatically go before the judge for that person to decide if I owe it or do we actually both parties show up and argue our case before the judge?
Quote:Originally Posted by Mr. X1. "A DV letter is not going to
Quote:
Originally Posted by Mr. X 1. "A DV letter is not going to do anything." Are you kidding me? This case was filed in state court which subjects this person to discovery (as opposed to a magistrate court fling). Why in the world wouldn't you send a DV prior to discovery??? 2. "Noone here can give you advice as they are not an attorney in GA....doing so would be unlicensed practice of law." How do you know I am not a licensed attorney in the stat eof Georgia? 3. "Yes if you fight it a affidavit is hearsay but in order to get it as hearsay you have to know the court rules and have to know how to get it stricken from the court records." No, actually all you have to do is object, "hearsay your honor" |
if you practice law in georgia then you would know that asking for validation during discovery must be made in the form of a motion when you respond to the summons.pokertramp is right.the plaintiff isn't under any obligation to respond to a DV letter once summons is sent.same with the objection of any affidavits as hearsay.once a summons is sent everything must be in the form of a motion.your premise of just objecting to an affidavit is shaky at best.the affidavit has a signature on it.therefore unless the defendant objects and demands whoever signed it appears as a witness.then it cannot be stricken.all of this can be done when the defendant responds to the summons.again since a summons was sent.the OP must file all motions when responding to the summons.their court clerk can help with this.
Gary if you have not yet received a court order please pm me her
Gary if you have not yet received a court order please pm me here immediatly, we can protect your wages from garnishment, and your assets.
Quote:Originally Posted by paulmergelif you practice law in geor
Quote:
Originally Posted by paulmergel if you practice law in georgia then you would know that asking for validation during discovery must be made in the form of a motion when you respond to the summons.pokertramp is right.the plaintiff isn't under any obligation to respond to a DV letter once summons is sent.same with the objection of any affidavits as hearsay.once a summons is sent everything must be in the form of a motion.your premise of just objecting to an affidavit is shaky at best.the affidavit has a signature on it.therefore unless the defendant objects and demands whoever signed it appears as a witness.then it cannot be stricken.all of this can be done when the defendant responds to the summons.again since a summons was sent.the OP must file all motions when responding to the summons.their court clerk can help with this. |
Thanks for backing me up Paul..:D
Quote:Originally Posted by Mr. X How do you know I am not a lice
Quote:
Originally Posted by Mr. X How do you know I am not a licensed attorney in the stat eof Georgia? |
You know that holding yourself out to be an attorney is illegal and a felony in some, if not all states, when you are not? I suggest you get you act together.
Quote:Originally Posted by pokertrampYou know that holding yours
Quote:
Originally Posted by pokertramp You know that holding yourself out to be an attorney is illegal and a felony in some, if not all states, when you are not? I suggest you get you act together. |
Maybe you should file acomplaint with the Georgia State Bar.
Clueless, totally clueless.
Quote:Originally Posted by Mr. XMaybe you should file acomplaint
Quote:
Originally Posted by Mr. X Maybe you should file acomplaint with the Georgia State Bar. Clueless, totally clueless. |
really.your advice would either.
have gotten the OP a default if the summons is real,or had them look clueless as you would have to object in advance to the affidavit as the defendent would need tangible proof to get it thrown out.just objecting wouldn't cut it.also don't know your issue with pokertramp is,but cool your jets.
Quote:Originally Posted by StopPayingDebtGary if you have not ye
Quote:
Originally Posted by StopPayingDebt Gary if you have not yet received a court order please pm me here immediatly, we can protect your wages from garnishment, and your assets. |
I just received the civil court paper served by the deputy on Thurs. I have 30 days from the 18th to reply to it.
So what can I do? They had sent a letter also stating I could pay 1/2 the total of $1500, if I pay by January 25th which is past now...
Gary
Lol
Quote:
Originally Posted by paulmergel really.your advice would either. have gotten the OP a default if the summons is real,or had them look clueless as you would have to object in advance to the affidavit as the defendent would need tangible proof to get it thrown out.just objecting wouldn't cut it.also don't know your issue with pokertramp is,but cool your jets. |
Gary, i wouldn't listen to either one of these crack boilerroom operators pokertramp or paulmergel. go get yourself a local attorney who can give you specific advice that knows how these cases in your local courts.
Quote:Originally Posted by AnonymousGary, i wouldn't listen to e
Quote:
Originally Posted by Anonymous Gary, i wouldn't listen to either one of these crack boilerroom operators pokertramp or paulmergel. go get yourself a local attorney who can give you specific advice that knows how these cases in your local courts. |
why should they listen to you NKOTB?mr x and his advice was wrong,and to sit here and name call.i suspect you are mr.x in disguise.if you are not prove it.i stand by what i posted.the reason i give for this being mr.x is because there was an NKOTB that posted earlier.pokertramp advised NKOTB,and they thanked pokertramp for the advice.now NKOTB said they are in TN.why oh why do they feel the need to come on a thread regarding GA.you see mr.x i'm alot smarter than you give me credit for.i'm going to PM skydiver,and have him weigh in on this.
As paul said Gary you should listen to him or I...we have been m
As paul said Gary you should listen to him or I...we have been members to this forum for over 2 years, Paul for 3 years and he has thousands of posts....Paul gives excellent advice and has helped out many on this site. Mr. X and NKOTB have not posted anything on this site and are new members, as for StopPayingDebt, DO NOT send this person your personal info. Most likely it could be the collector suing you trying to set you up. Also it could be a total scam artist.
Like I said earlier, you need an attorney or you need to do this on your own. When I answered my summons I denied everything, some people neither confirm nor deny and some admit to everything....it is up to you on how you want to answer the summons.You also need to find out who to send your answer to, some states you have to send a copy to the courts and the plaintiffs attorney,,,,,make sure you do it CMRRR.
If you plan on doing this on your own, research anything you can for your states laws, you can even go to the law library and most likely they will help you look up how to file your answers to a summons, interrogatories, request for admissions and also tell you how you can file your own........they can show you what forms to use, probably the format but they cannot do it for you.....there is only so much they can do but I am sure they will be gald to help with what they can.
Hiya, Gary, let's see if we can sort through some of the BS that
Hiya, Gary, let's see if we can sort through some of the BS that certain individuals have handed you here....
First, a DV letter is 100% pointless. The DV letter only holds value when the alleged debt is not yet the subject of a civil action against you. The moment that a plaintiff files the complaint and has you served, requesting validation at this point will not help you--you want that information, of course, but a DV letter will only go unanswered. The information that a DV letter asks for is what you want, but now that this is in court, you need to make a motion for discovery to ask for it. ANY ATTORNEY WOULD KNOW THIS, so take Mr. X's words with a grain of salt or three. If he IS an attorney, he very well could be one that works for debt collectors, and by telling you to send a DV, he would know that since you didnt go through the courts your request would be useless.
Second, as someone else already said, check the court clerk's office to make sure that this is a real summons, some debt collectors like LVNV have a nasty habit of breaking the law so you need to make sure.
Third, did they file this in your county? Is the case in the court for the county you live in? If it is not, then you need to cite 'improper venue' in your answer as a reason to dismiss the case. Federal law(the FDCPA) states that they can only sue you for a debt in either the county where the debt originated, or in the county where you reside. No other county has legal jurisdiction, and that is another trick that LVNV likes to use.....
Next, after checking all of those things, you need to file your answer to the summons. This is important--if you do not answer within the required time frame, then the plaintiff will get a default judgment against you. In your answer, you are basically responding to each of the claims made by the plaintiff against you. Generally speaking, your three choices to answer each of their claims is to say one of the following:
if you agree with what they said, "Defendant affirms the plaintiff's statements made in paragraph 1(or whatever paragraph it is)
If you deny, "Defendant denies the plaintiff's stataments made in paragraph 1"
Or, you can say "Defendant does not have sufficient information and therefore cannot either affirm nor deny the statements made in paragraph 1"
At this point, you should not admit to anything. Force the plaintiff to prove their claims. LVNV spends a lot of time buying up debts that do not have any supporting documentation, and many of the lawsuits they file are filed in the hopes that the defendant will not bother to answer or show up.
Finally, to Mr. X, if you were an attorney, you would not have said "how do you know I am not one" when challenged. You also would not have provided such obviously wrong information to someone who asked for help. If youre going to impersonate a lawyer, consider the legal ramifications that could result. And if you ARE an attorney, then stop acting like such a tool here and conduct yourself like a professional. if you cannot follow that, then may I suggest that you find another forum to populate yourself with......
I sincerely appreciate your help skydivr7673 , below is my reply
I sincerely appreciate your help skydivr7673 , below is my reply to your last post.
Second, as someone else already said, check the court clerk's office to make sure that this is a real summons, some debt collectors like LVNV have a nasty habit of breaking the law so you need to make sure. (yes, it is on file in Hall County, Ga. I called this morning to verify it)
Third, did they file this in your county? Is the case in the court for the county you live in? If it is not, then you need to cite 'improper venue' in your answer as a reason to dismiss the case. Federal law(the FDCPA) states that they can only sue you for a debt in either the county where the debt originated, or in the county where you reside. No other county has legal jurisdiction, and that is another trick that LVNV likes to use.....(yes, it is on file in Hall County, Ga. I called this morning to verify it)
Next, after checking all of those things, you need to file your answer to the summons. This is important--if you do not answer within the required time frame, then the plaintiff will get a default judgment against you. In your answer, you are basically responding to each of the claims made by the plaintiff against you. Generally speaking, your three choices to answer each of their claims is to say one of the following:
if you agree with what they said, "Defendant affirms the plaintiff's statements made in paragraph 1(or whatever paragraph it is)
If you deny, "Defendant denies the plaintiff's statements made in paragraph 1"
Or, you can say "Defendant does not have sufficient information and therefore cannot either affirm nor deny the statements made in paragraph 1"
At this point, you should not admit to anything. Force the plaintiff to prove their claims. LVNV spends a lot of time buying up debts that do not have any supporting documentation, and many of the lawsuits they file are filed in the hopes that the defendant will not bother to answer or show up. (The third answer option you mentioned is the most accurate one, so that is what I will reply.)
My next question is about the judge's decision to my reply. I guess that He can dismiss it or require them to produce the details of the original debt based on the answer of mine that I don't affirm or deny based on insufficient information. So, If they come up with information that is sufficient and I am unable to come up with $1500 due to child support and rent and utilities that are more than I have in monthly income. What happens next?
I sincerely appreciate your help skydivr7673