Legal Question in Credit and Debt Law in Georgia
I had a credit card complaint that was served February 8th and and answer was filed and certificate of service was filed stamped on March 8, 2010. Plaintiff failed to Answer and filed for a default judgment on May 24, 2010. What are my options?
3 Answers from Attorneys
You can't get an answer based on minimal facts. You did not even state the basis for the Motion for Default. Does it state facts that are incorrect based on the docket? We don't know. Additionally, what is the plaintiff answering? If you do not understand the basics, you need a lawyer. However, if you owe the money and are only delaying the inevitable, that money can be used for a settlement.
I do not understand your situation. If a credit card company sued you, they are the Plaintiff. You are the Defendant. Its up to you to file an answer if one needs filed. If you want to assert a claim against the credit card company, you have to include counter-claims in your answer. They do not have to answer you and if you filed a motion for default judgment, its not appropriate,
I would agree with Attorney Riddle that you need a lawyer to get the debt resolved. If you owe the debt and have the means to resolve it, please feel free to contact me.
Rachel Hunter
Attorney at Law
(678)-687-9693
Your post makes no sense. They're the plaintiff. You have to answer. They do not have to reply to an answer. A motion for default indicates that you likely didn't do something you should have done.
Unless you actually don't owe the money, defending a case usually will not win the case. You need an attorney, and it would have been better to do that before the judgment. A lawyer can discuss options, such as bankruptcy, that may protect your wages and bank accounts and assets from garnishment and levy.
I'd be glad to discuss the choices with you. Act quickly.