Legal Question in Credit and Debt Law in Georgia

Hello, I asked for a written agreement or signed contract during discovery. The Plaintiff objects bc GA law does not require them to establish consent( Hill v. american Express was cited.) I want a copy of the agreement because this is what the lawsuit is based on. Also, since they used Hill vs. american express are they using the "accounted stated" route? No where in the papers they have sent me have account stated on them.

Thanks


Asked on 8/02/11, 4:01 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post shows what enormous mistake people make being their own lawyer. The Hill case deals with the statute of limitations on credit cards, so the fact that you did not even bother to understand a case the other side stated shows why you are losing.

The garbage you read from laypeople on the internet is guaranteed to lose you a lawsuit. You are now bogging down in what is not even an issue.

You have two choices. You can continue to screw up pro se. Or you can hire counsel. With the first choice you will lose and then face garnishments and levies. With the latter your options have been limited as most defenses had to be raised in the first 30 days and are waived otherwise, an attorney can advise you if you should (or can) bankrupt, or at least steer you towards the best possible settlement. Sit down with one. You are way over your head.

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Answered on 8/02/11, 5:10 pm
Paula McGill Attorney at Law

I understand not everyone can afford a lawyer.

Go to the law library to learn how to file a motion to compel.

If you disagree with a party's objection to discovery, the next step is file a motion to compel.

In general, parties must produce evidence that are reasonably calculated to lead to the discovery of admissible evidence. Based upon the information you provided, the contract is likely to fall under discovery evidence.

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Answered on 8/02/11, 7:42 pm


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