Legal Question in Credit and Debt Law in Georgia
civil summons
I just received a civil summons for a debt that is still within its SOL. The summons was filed in September 2004 and served in July 2005. Must a complaint be served within a certain time after it is filed with the clerk?
2 Answers from Attorneys
Re: civil summons
If the service occurs within the statute of limitations, the delay won't matter.
Note that if the debt is large and you are thinking of bankruptcy as a response, you need to act both before a judgment and before the new bankruptcy law on October 17, 2005.
Re: civil summons
The summons and complaint must be served with a reasonable time. After diligent service, the date of the suit will relate back to the original date of filing. So, if the suit was filed within the SOL period and service was perfected within a reasonable time, the suit would not be barred by the SOL.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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