Legal Question in Credit and Debt Law in Georgia
My husband had a summary judgment against him for a credit card bill because the clerk of court did not send over the answer to summary judgment he filed and also the judge issued the order in less than 30 days. We were never notified by the court of the summary judgment, we only found out when the plaintiff send us a copy of the papers. When we found out all this information, the judge put the trial on his calendar to hear. We are in Hancock County and have not been able to find an attorney to help us because of the short notice to the trial. My husband was representing himself previously. Since we have not been able to find legal assistance, when we go to court, I understand I can not speak in court, but can I speak with him during the trial? I am the one who has been involved in researching his case over the last few years. We would really rather have an attorney present, but that doesn't seem possible as I have already contacted 3 attorneys who either won't call me back or said they were too busy to help. Thank you for your advice.
1 Answer from Attorneys
No. You cannot represent your husband. I don't know what you are doing or what there is to research here. If its a credit card debt, there are only a few simple questions: (1) was the lawsuit timely filed (the statute of limitations is 6 years in GA running from the date of your husband's last payment); (2) is this a debt that your husband is financially responsible for and, if so. (3) how much is owed? Some added issues might be was the lawsuit brought in the right place, does a junk debt buyer claim to own the debt and if so, have they estabnlished via a bill of sale and affidavits that they bought your husband's account from the creditor?
The purpose of a summary judgment motion is to indicate to the court that there are no disputed issues of material fact and that a trial is not necessary. So if an answer was filed with the court, what did it say? Did it deny liability for the debt or raise other issues (like statute of limitations or real-party-in-interest)?
Assuming you were not notified iof things as you claim, did you engage in discovery indicating that summary judgment is not proper and there are issues for trial? If not, then it may not matter as a judgment is going to be entered. If that happens, what then is your plans for resolving the debt? With a judgment, wages can be garnished or bank accounts levied.
I doubt there is going to be a trial. The court might decide to vacate the summary judgment if it was improperly entered, but you still have to show there are disputed issues for trial.
I am sorry you cannot find a lawyer, but you should have obtained a lawyer or at least legal advice when your husband was first served with the complaint. Now its too late. No lawyer just wants to step in for a hearing.