Legal Question in Credit and Debt Law in Georgia

hello all,

Do anything like an original contract have to be attached to a summon and complaint in the state of Georgia.

Thanks in Advance for your ansewers


Asked on 6/04/11, 3:29 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

An original exhibit would almost NEVER be attached to a complaint.

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Answered on 6/04/11, 7:09 pm

I assume this would be for something like a credit card debt. All that is required in GA is that the plaintiff has to allege that the parties had an agreement, that you are in breach of the agreement and that a particular sum is owed, plus any pre-judgment interest and attorney's fees if applicable.

If you want proof, you will have to first file an answer to the complaint denying the allegations. Then you will have to propound discovery and ask written questions (called interrogatories) or request them to produce documents, like the original credit card application, credit card statements showing the date of last payment/default and proof of assignment if this is a credit card debt that went to a debt collector. If its some other contract you would ask for that too.

My suggestion, since you don't indicate what kind of action this is, would be to get to an attorney ASAP as you only have 30 days from the date on which you received the complaint to file an answer.

The only exception would be if this is a credit card debt AND this is your debt and you have no defenses. If the debt was sold, you may not have any defenses but they do have to prove that they acquired the debt. The question is, if they can do that, do you want to spend money on a lawyer fighting about this when you will ultimately be held responsible at the end of the day when this is money that you could put towards resolving the debt? If you can't pay the debt, maybe your money would be better spent on a bankruptcy attorney, especially if this is a large debt or you have a lot of other debts. In the alternative, if this is your debt and you have no defenses, debts can be resolved. If you are interested resolving your debt for a reasonable fee, you may contact me at [email protected]. I give free consults via email if you would like to more specifically discuss this situation in confidence.

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Answered on 6/05/11, 3:53 pm


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