Legal Question in Credit and Debt Law in Georgia

The fact that you even mentionmed the creditor wrote it off shows that you completely do not understand what that means. That is a derrogatory notation by a creditor that they consider you a deadbeat. It does NOT mean the money is not owed.

Obviously you failed to answer something, or serve it properly, and that is grounds to dismiss an answer.

Cases are usually removed from peremptory calendars when one party or the other reports a status.

If you actually owe the money, and it sounds like you do, filing an answer is NOT helpful. It delays but not prevents a judgment. You DO need to see a lawyer. If the amount is large you may want to bankrupt before they get a judgment if you qualify. But, based on your post, you definitely need to talk to a lawyer ASAP.

If the Plaintiff files (or is planing on filing) a motion for summary judgment, you will have to receive a copy of their motion and be given an opportunity to reply to the motion. In your reply, you are free to state that you have complied with all discovery requests by the Plaintiff.

Here's a few things to consider that may help ---

1. A motion for summary judgment is typically only granted when there are NO (zero!) material facts at issue in the case and the law is clearly on one party's side. In other words, think about a motion for summary judgment as the Plaintiff saying the following -- "Judge, the case is soooooo clear cut in our favor, that there is no use in wasting the court's time with a trial, etc." Obtaining a motion for summary judgment is not an easy thing to accomplish as by granting the motion the Court is taking away one party's day in court and judge's typically don't like doing that.

2. With that said, if you fail to cooperate with discovery requests, the Court has wide discretion in "punishing" you. The Court can fine you, it can hold you in contempt, and in extreme cases may be willing to dismiss the case on a summary judgment motion. However, EVEN IF you did not answer all the discovery (either intentionally or unintentionally), granting the plaintiff's motion for summary judgment would be an extremely harsh punishment by the Court and that's what I would argue to the Court. In other words, the Court has a LOT of other options in dealing with your failure to answer the discovery. For instance, the most logical option would be to force you to answer the discovery within a certain period of time.

3. Discovery is supposed to be conducted "in good faith." It is NOT good faith to file a motion for summary judgment because you failed to answer one or many discovery requests. In other words, Plaintiff has sought a nuclear option to your failure to answer discovery and that's not acting in good faith. A judge will not be impressed.

4. You can reply to Plaintiff's motion for summary judgment by filing your own motion for summary judgment. If, in fact, the debt was written off already by the creditor, and there are no other issues of material fact. The odds of the judge ruling in your favor are slim (as I discussed above, granting the motion for summary judgment is an extreme option); however, when the judge is faced with competing (called "cross motions") for summary judgment, he is less likely to grant one over the other and allow the case to proceed forward (which is what you want).

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********