Legal Question in Business Law in Georgia

How to file a counter claim and which form to use

I would like to know how to file a counter claim to a company that filed suit againt me. The company was suppose to send out merchandise that I never received, but they continued to take money out of my account for the merchandise. I stop payment after continuing to communicate to the contact person at the company with no results. I have now received a summons to pay the remaining balance. I feel that they actually owe me. Please help me find out how to set up a counter claim. I would like to know which form do I use in Georgia State Court.


Asked on 1/12/01, 10:52 am

1 Answer from Attorneys
Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: How to file a counter claim and which form to use

In Georgia, you have 30 days from the date you are served with a Summons and Complaint to file your Answer. A Counter-claim must be asserted in your Answer. If you do not file an Answer, you may be held in default and judgment can be entered against you automatically. Also, if you fail to Answer then you waive any Counter-claims.

You need to hire a local attorney immediately. You can check with the Georgia Bar, www.gabar.org, or Martindale-Hubbell, www.Lawyers.com, for the name of a lawyer that handles Consumer Matters, Civil Litigation, or Collections in your area.

Good luck.

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Answered on 1/29/01, 10:20 am


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