Legal Question in Credit and Debt Law in Georgia

I received a summons from superior court, and it stated that under oath it original there of or true copy. I got my contract out and it is different than the copy they filed. The Vin number, there is a number missing on my contract. On their contract there is a line drawn through it and handwritten with the missing number added but the last number is different than the one on mine and it is initialed but it is not my writing, and they have added other information about insurance that is not on mine. Is this legal?


Asked on 4/28/11, 4:57 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If you have been sued in Superior Court (for what, you did not say), then you need to get a lawyer and properly defend the case whether something is "legal" or not. An opinion on a message board won't help much, especially since no one here has the contracts or even knows the subject matter of the contract (other than a VIN is apparently involved). Further, no one here knows whether the issues you mention are even relevant to the issues in the case, or change the outcome if info was added later. Is there a dispute over what vehicle is at issue? Is that part of the dispute in the lawsuit? We certainly don't know.

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Answered on 4/28/11, 5:10 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since you haven't either bothered to tell us anything relevant (why were you sued, for how much, etc), there is no way to answer you except to tell you that you have 30 days to answer or counterclaim or both and you need to have a lawyer assist you with that.

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Answered on 4/28/11, 6:02 pm

You do not indicate when you were served with the complaint.

If you received the complaint less than 30 days ago, then stop wasting time here and get a civil litigation lawyer in the county where you were served immediately. I do not know what the lawsuit is about, but if the wrong information is appended it must be corrected and a lawyer can properly review the papers that you have and answer the complaint and make any objections that need to be raised.

If it has been more than 30 days, there still might be time if no default judgment is entered. Or it may still be possible to get any default opened - I don't know the facts so I cannot render an opinion.

If you do nothing, this will not simply go away. A default judgment will be entered, meaning that they will get everything they are asking for if you do not file a proper answer (filed with the court and served on counsel for the opposing party). The answer must be in a certain format and raise the necessary points which are responsive to whatever the lawsuit is about. You can generally deny what the complaint alleges, but if you want to raise objections to documents that are attached, this has to be done either in your answer or in a motion before you answer. Again, see an attorney - I do not handle litigation in Georgia. There are no forms for this so you need an attorney or need to find a law library which has form books to guide you.

Once judgment is entered, it will give whoever is suing you the power to garnish wages (if you owe money) or take your car (if it is owned free and clear) or other possessions or levy on your bank account.

Please don't delay.

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Answered on 4/29/11, 7:29 am


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