Legal Question in Credit and Debt Law in Georgia

obtaining evidence that right have been violated

I am currently trying to resolve a credit issue. The credit card company has hired a lawyer, who uses lingo that I am not familiar with. I am being sued for nonpayment of a credit card. I have a counter claim for violation of my rights - calling at work after being asked not to do so, leaving a message with a co-worker, not validating the debt. The lawyer has asked me to prove each of these things. They are asking for recorded phone conversations and telephone records, etc. Is this normal? If so, do I have a right to request these things from my company and telephone company. What if I can't get them and prove that I had been receiving phone calls.


Asked on 10/02/02, 11:45 am

1 Answer from Attorneys

Keith Reisman Reisman Law

Re: obtaining evidence that right have been violated

The ins and outs of a legal proceeding can be daunting. What you are asking about is called "discovery".

Yes, you may get documents from the telephone company and your employer. Whether or not the documents will show what you want them too, who called who when, is another matter. What you will need to do is send the entity from which you desire documents with a request to produce the documents. For more information on this see O.C.G.A. 9-11-34.

And what happens if you can't get documents to support your claim? You can still win. The jury, or the judge if neither you nor the creditor has requested a jury, will listen to all the evidence presented and decide whom to believe.

My final comment: You really should hire an attorney. The attorney will be able to review both claims and be able to evaluate the case.

This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 10/02/02, 12:49 pm


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