Legal Question in Credit and Debt Law in Georgia

You will need an attorney to draft this properly. For a fee, I can draft an answer for you. I do not wish to be involved in Georgia litigation, however, and you would be filing the documents pro se (on your own).

I do not know when in June you received the complaint. You only have 30 days to file your answer with the court.

It does not matter how many times the debt was sold - what matters is whether this is your debt and if the current owner has proof that they lawfully acquired the debt.

The owner of the debt is allowed to collect pre-judgment interest and probably attorney fees so that may explain the discrepancy in whole or in part.

When you say this is from a 2006 credit card debt, do you mean that the default occurred in 2006 or that you opened the card in2006? If the default occurred in 2006, when? It makes a difference. The current owner stnds in the shoes of the original creditor. Either of them can sue at any time within 4 years after the default occurred. If it is longer than that, you definite want to hire a lawyer to draft a proper answer for you and assert the statute of limitations.

The collection agency who is suing is not required to send you more than one demand letter. What, if anything did you do in response to their letter? Did you tell them about a discrepancy?

If this is your debt and you have no valid defenses, then it is pointless to file an answer . Whether or not one is filed, the collection agency will get a judgment against you. The judgment will allow them to garnish up to 25% of your disposable earnings (earnings after your taxes and FICA etc. are deducted).

I don't know how much you owe or what resources you have. For a reasonable fee, I can try to negotiate a resolution. Generally, the more money you can put down up front, the lower the settlement will be. If you want payment terms, that can also be negotiated, but the creditor will want a larger amount. In addition, most law firms like to get any payment plan done within 6 months to a year. Some may stretch it out longer and will depend on the law firm and individual creditor. Figure that creditors/law firms generally want 1% to 2% of the debt if a payment plan is made.

Feel free to contact me if you would like my assistance.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

In addition to what Rachel said, you also may want to consider bankruptcy, as if you actual do owe money, you are likely to lose a suit.

Regardless, step one is to see a lawyer before the 30 days runs.