Legal Question in Credit and Debt Law in Georgia

Jay,

You have handled this so badly. If you want papers, then go to the court and make a copy of the file. The creditor law firm is not your secretary and does not have to send you anything. Time for asking for "validation" of debts is over if judgment was enteredc. You should have contacted an attorney before entry of judgment.

Making payments were stupid if you were going to stop.

Now you have made a hash of things. First, go to the county where the judgment was entered and make a copy of ALL the documents in the file. There should be a summons and complaint, including the return of service and any attachments to the complaint, like a credit card statement or bill of salle. Take the file to an attorney who specializes in credit card defense. Pay the attorney to review the file and go over your options. My guess is that it is too late to challenge the judgment because of time and you have not set forth any reason why the judgment should be set aside here.

If the judgment cannot be opened, best thing is to try to settle before the creditor garnishes your waegs. Most debts can be settled. I don't know if credit will be given for your prior payments in terms of the settlement. My guess is no - they will be applied to reduce the balance on the judgment but judgments get bigger because they earn interest and you were not consistent with your payments only making them sporadically.

I will be willing to look at your papers, but I do not go to court and will not file any motions so you may be better off with local counsel. I can settle debts if you are interested in resolving the debt in a con-bankruptcy non-litigation context. Please contact me at [email protected] if interested.

Here is the GA statute/rule governing relief from judgments. You have 3 years from the time of entry of the judgment in most cases. You do not indicate when the judgment was entered here.

9-11-60. Relief from judgments

(a) Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section.

(b) Methods of direct attack. A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition.

(c) Motion for new trial. A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings.

(d) Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon:

(1) Lack of jurisdiction over the person or the subject matter;

(2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or

(3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

(e) Complaint in equity. The use of a complaint in equity to set aside a judgment is prohibited.

(f) Procedure; time of relief. Reasonable notice shall be afforded the parties on all motions. Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.

(g) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

(h) Law of the case rule. The law of the case rule is abolished; but generally judgments and orders shall not be set aside or modified without just cause and, in setting aside or otherwise modifying judgments and orders, the court shall consider whether rights have vested thereunder and whether or not innocent parties would be injured thereby; provided, however, that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.