Legal Question in Credit and Debt Law in Georgia

Re: counterclaims and atty advantage

Even lawyers hire lawyers when they get sued, so unless you want to lose, rethink your plans.

Counterclaims have NOTHING to do with bar regs or ethics. Counterclaims must be based on a legal claim arising out of a statute or contract. A frivolous counterclaim can result in additional penalties against you for making it.

His advantage in state court is that there are fewer rules in state court than magistrates court, meaning that unless you have good familiarity with the civil practice act, court rules and the law, you are essentially an unarmed man in a gun battle.

Unless the debt is so small that you can afford to lose, see a lawyer to at a minimum evaluate your defenses and coach you. If the debt is large, bankruptcy may also be an option.

Re: counterclaims and atty advantage

The fact that you bring up the myth of the "good ole' boy system" is a good indication of where most cases will end up. It ranks right up there with "afraid to go after the big companies/firms," and "friends with the other lawyer" as the nonsense excuses clients use when they have a poor case or when it comes time to pay the bill.