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IN THE STATE COURT OF GWINNETT COUNTY

STATE OF GEORGIA

MIDLAND FUNDING, LLC assignee §


of Chase Bank (USA), N.A. §
§
Plaintiff, §
§ Civil Action No.: 10-7271-4
v. §
§
JILL SHERIDAN, §
§
Defendant. §

DEFENDANT’S ANSWER, DEFENSES AND COUNTERCLAIM


TO PLAINTIFF’S SUIT ON ACCOUNT

COMES NOW Defendant and makes this her Answer to Plaintiff’s Complaint, by and through
counsel, and states as follows:

First Defense

The Complaint is conclusionary and fails to state a claim against this Defendant upon which relief
can be granted.

Second Defense

Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest;
this action should be dismissed for lack of standing.

Third Defense

Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not
exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment
that gives Plaintiff legal title to the claim.

Fourth Defense

Defendants are not the proper parties to the Complaint.

Fifth Defense

Plaintiff’s Claim is barred by the statute of limitations.


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Sixth Defense
Plaintiff falsely represents the character, amount, and legal status of the alleged debt.

Seventh Defense

Plaintiff’s Complaint is not based on its personal knowledge of the alleged debt.

Eighth Defense

Plaintiff, prior to filing this Complaint, failed to provide proper validation notice pursuant to the
Fair Debt Collections Practices Act, 15 U.S.C. 1692(g).

Ninth Defense

Despite Defendant’s request for such, Plaintiff prior to filing this Complaint has not produced a
copy of the required executed agreement.

Tenth Defense

Plaintiff has filed a false statement of account upon which Plaintiff’s complaint is founded which
provides at best an alleged “summary of unnamed records” upon Plaintiff’s opinion.

ANSWER

1.

Denied in part. Defendant has changed her county of residence since the date of service in this
matter.
2.

Defendant lacks sufficient information to form a belief as to allegation No. 2 of the Complaint.

3.

Defendant lacks sufficient information to form a belief as to allegation No. 3 of the Complaint.

COUNTERCLAIM:

MOTION FOR ATTORNEY’S FEES FOR ABUSE OF PROCESS AND FRIVOLOUS ACTION
PURSUANT TO O.C.G.A. § 9-15-14

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Defenses One through Ten and Paragraphs (1.) through (3.) are hereby incorporated herein as if
fully set forth below verbatim.

4.
Plaintiff is not the proper party to collect the alleged debt.

5.

Plaintiff cannot prove that it has proper title as a Holder of the alleged debt to prosecute this
action.

6.

Plaintiff cannot prove that Defendant is indebted to Plaintiff.

7.

Defendant is not indebted to Plaintiff.

8.

Plaintiff is not entitled to enforce any alleged contract against Defendant.

9.

Plaintiff has brought this action maliciously and without substantial justification in that plaintiff’s
complaint lacks any substantial issues of law or fact, is wholly vexatious, and is completely lacking in
substantial justification.

10.

Plaintiff’s abusive litigation has forced Defendant to hire an attorney to defend this action and has
thereby incurred attorney’s fees unnecessarily.

11.

Pursuant to O.C.G.A. § 9-15-14, Defendant is entitled to reasonable attorney’s fees.

12.

Plaintiff has been stubbornly litigious in this matter, has acted in bad faith, and has forced
Defendant to incur unnecessary trouble and expense in defense of this action as Defendant has been
forced to hire an attorney.

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