Legal Question in Credit and Debt Law in Georgia

I missed my answer date in small claims court. Can I still file a counter claim?


Asked on 2/02/12, 11:14 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe and maybe not. You may have already lost altogether. And the detailed facts, including how many days after the 30 days and what type case also matter. (You may also be in the window to do a de novo appeal). Since you could have a deadline you are about to miss, see a lawyer TODAY (not tommorow or later).

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Answered on 2/02/12, 12:16 pm

It depends.

On the thirty-first day after service on the defendant, the case goes into default. However, the defendant has additional fifteen (15) days to open the default by filing a late answer and paying all court costs along with the answer. No Answer may be filed beyond the forty-fifth day following service.

If you have a claim against the person who is suing you, you can file your claim along with your answer. This is called a counterclaim.

If you are totally out of time, you can appeal to the state court. The case is heard anew so you can file an answer and counterclaim at that time.

Since this is a credit/collection issue, I have to ask whether this is in regard to a debt. If so, what kind of a debt? Why are you proposing to file a counter-claim and what is the claim based on? Do you have any defenses to the claim (like the statute of limitations)? That is why you should discuss all these matters with an attorney. At least pay to consult legal counsel even if you plan on representing yourself in magistrate's court.

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Answered on 2/02/12, 3:56 pm


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