Legal Question in Credit and Debt Law in Georgia
I received a notice of calender call in paulding county ga. the problem is i live in cobb county. is this legal? this is a credit card company. are they required to file action against me in the county that i live in? also i was never served with any kind of action. i just received the notice from the county clerks office
4 Answers from Attorneys
No one here can possibly know anything about case. Did you ever live in Paulding? That would have been relevant information to tell us. If you have been sued, you need a lawyer to figure it out and resolve it. Even if you have a defense, they might just sue you in Cobb.
Who knows? Maybe they had the wrong address. I have clients who see, to have a mailing address in one county but they actually live in the other.
Yes, the credit card company has to sue you in the correct county where you reside.
Even though your fiance is paying the debt, if you are joint applicants for the card and only one of you files bankruptcy, then the other person who has not filed bankruptcy can be sued. My guess is that a suit would be proper if you are a co-applicant.
I find it odd that you were never served with a lawsuit but you suddenly received a calendar notice. If I were you, I would go to the court in Pauliding and get a copy of the summons and complaint and immediately go to a lawyer who practices in Cobb and Paulding counties. The lawyer may be able to get the lawsuit in Paulding dismissed. The problem is that if it is dismissed, the credit card company will re-file the action in Cobb and still get a judgment against you if you are responsible for this debt.
If you have no valid defenses, your money might be better spent trying to resolve the debt rather than litigate, but no attorney will know for sure until they have reviewed the complaint and your circumstances. Please taqke action and get an attorney now.
Sorry - I included some details about someone else's question. My advice was proper - but ignore the part about your fiance ... and joint liability on a credit card debt. Sorry!
See a lawyer immediately. If you were sued in the wrong county and wish to object you have 30 days from the date of service to dispute that (and to answer). If your timely dispute is valid, the company will then have to pay $50 to move the case to Cobb and you will still need a lawyer.
If you actually owe the money, a lawyer may still be able to do things to help you, such as bankruptcy. Feel free to call me with details at 404-768-3509.