Legal Question in Credit and Debt Law in Georgia

Countersuit filed with Answers

After I was served, I filed my answers to the summons and a countersuit was included with those answers. A Notice of service was sent to the other party, and USPS verification that it was received. What is next? Is there a time limit for the other party to respond to my countersuit? I recently received a phone call from an attorney with another agency stating they had my file and that the attorney who filed the suit against me had been called to active duty and would not return until March 2006. It seems to me that this might be grounds to ask for a dismissal.

Thank you,


Asked on 12/20/05, 7:35 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Countersuit filed with Answers

There is no requirement to answer counterclaims. In general the allegations are deemed denied automatically.

Not only is military duty NOT grounds for dismissal, but there is a federal statute that makes it likely the court will stay the case. Since you were sued, it seems strange that you'd be against delay.

Since you can be liable for damages if your defense or counterclaim is deemed frivolous, you should have at least talked to a lawyer before answering.

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Answered on 12/20/05, 7:41 pm


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