[2004_4x4]

I have been going back and fourth with a CA since December.I have followed all advice I could get from this site.

I finally received the response when I asked them for production of documents.
It is all a bunch of BS.in general it says...

1)general objection when I ask them to prove the debt is mine.
2)reservations with a bunch of BS that the normal person cannot understand.
3)specifis objections saying that under GA law that a signed contract is not required.

So basically... they sent me nothing that proves the debt is mine.

I have asked for Validation... all I got was a print out.
I sent a SWORN DENIAL.filed for DISCOVERY.
I answered all the stuff they sent me by basically saying I don't recall this debt so I can't admit or deny.I have asked them for admission of facts.

What now??

[mr.yet]

Wait for 30 days to pass,then send a Notice of Default. Contact me then.

[2004_4x4]

What do I say with the Notice of Default?do you have a sample?

[2004_4x4]

Here are the dates that items were sent and revieved.


12/29 answered the summons

1/14 validation request

1/21 sworn denial & discovery

3/20 second request for discovery
Letter to the court asking for 30 day extension after I receive the discovery

4/3 letter from court-judge denies my request and orders me to answer the admission of facts and interrogatories

4/8 answered admission of facts (not admit or deny)
Answered plaintiffs first interrogorties (not admit or deny)

Sent notice of intend to defend

Requested admission of facts
Gave 30 days to answer

1)you do not have the original signed contract
2)you do not have solid proof that the alleged debt belongs to me.
3)you do not have a live witness from capitol one stating that I owe this debt.
4) you do not have a case.


Received from plaintiff lawyer

12/24 received summons

3/4 received request for production of documents

First interrogatories to defendandant

First request for admissions of facts to defendant

4/8 received my request for production of documents
(they sent me nothing that proves the debt is mine.)

This is generally what they sent to me...

1)general objection when I ask them to prove the debt is mine.
2)reservations with a bunch of BS that the normal person cannot understand.
3)specifis objections saying that under GA law that a signed contract is not required.


What could me next 2-3 steps be?

[JudyKayTee]

You have to wait 30 days - as Mryet advised you.

[2004_4x4]

JudyKayTee... I understand that I need to wait 30 days.just asking what my next steps should be and how to word the notice of default.I listed everything that has happened so that he or anyone who wants to respond,would have a bigger picture and respond according to what I have already done.

[JudyKayTee]

Sorry but you asked specifically for Mr.Yet to answer you and he specifically said to wait 30 days.

This is Mr.Yet's specialty and he makes that request for a reason.

[2004_4x4]

Would this be 30 day from receiving their response for my request for production of documents.I sent the second request and filed it with the court.when I returned home,I received their response in the mail.all this happened on 4/8.it took them 2 months to respond only to send me nothing that verifies this is my debt.

[2004_4x4]

The last page states...

Specific OBJECTIONS AND RESPONSES

Plaintiff objects to this request to the extent that the card issuer does not require a signed application or consent to the card holder agreement,and no such signed document is required by Georgia Law.See Davis v. Discover Bank,277 Ga. App. 864.Subject to said objection,Plaintiff is not in possession of any such document.

[2004_4x4]

This is for mr yet or anyone with advise.I am only stating the last page of the response for the request for discovery which clearly they admit they do not have this document..

Judykaytee,
Do I need to pass what I put on here by you to see if you approve?

[mr.yet]

File with the court a Motion to Dismiss for lack of positive proof of their alleged claim.
Plaintiff is not in possession of the orignial contract, whereas no contract exists I hereby move to dismiss with prejudice.

File with court and mail copy to plaintiff.

If no contract exisits they have no claim.

[2004_4x4]

Can someone tell me about this so-called law in Georgia?
Davis v. Discover Bank, 277 Ga. App. 864

[JudyKayTee]

It's not a Law. That is a case citation. Here it is from the Oregon case which quoted it:

"Although Oregon courts have not previously addressed the issue of when credit card agreements become binding, our conclusion is consistent with a decision of the Georgia Court of Appeals. In Davis v. Discover Bank, 277 Ga App 864, 627 SE2d 819 (2006), Discover Bank (Discover) brought an action against the defendant to collect on a credit card debt. The trial court granted Discover's motion for summary judgment and the defendant appealed that ruling, arguing that Discover had failed to present evidence that he signed a credit application. The court held:

"Discover need not produce a copy of Davis's application to establish the existence of a valid credit card debt.

"[A] contract was effectuated in this case when [Discover] issued its credit card to the defendant to be accepted by [him] in accordance with the terms and conditions therein set forth, or at [his] option to be rejected by [him]. Such rejection need take the form of returning the card, or simply its non-use. The issuance of the card to the defendant amounted to a mere offer on plaintiff's part, and the contract became entire when [the] defendant retained the card and thereafter made use of it. The card itself then constituted a formal and binding contract."

[2004_4x4]

Thank You Judy...
Just wondering why the lawyer stated his objections saying that under GA law that a signed contract is not required.using this Davis v. Discover Bank, 277 Ga App 864.
Is this common for attornys ?

[JudyKayTee]

He's using Georgia as a point of reference, referring to being in agreement with the Georgia decision. Yes, it happens all the time. The Attorney referred to other case law.

[2004_4x4]

Thanks... should I go ahead now and file the Motion to Dismiss?

[2004_4x4]

the last page states...

SPECFIC OBJECTIONS AND RESPONSES

Plaintiff objects to this request to the extent that the card issuer does not require a signed application or consent to the card holder agreement,and no such signed document is required by Georgia Law.See Davis v. Discover Bank,277 Ga. App. 864.Subject to said objection,Plaintiff is not in possession of any such document.

Here again is exactly how he has it worded... he is stating that it IS ga law.

[2004_4x4]

Judy... thanks again for your valuable input.

[JudyKayTee]

Here again is exactly how he has it worded....he is stating that it IS ga law.

Right, the Oregon decision is quoting the Georgia law - you cited the case, not the law.

[2004_4x4]

So when the Attorney states that the Plaintiff is not in possession of any such document and that no such document exist,I now have a good leg to stand on by filing the motion to dismiss and winning?