Legal Question in Credit and Debt Law in Georgia

I really think you should stop playing lawyer and get a real lawyer.

Is the student loan federal/public or private? If federal, there is no statute of limitations. And the statute of limitations begins to run from the date on which the last payment was made or due until suit was filed, generally 4 or 6 years in Georgia. Was the action commenced within this period? If so, it does not matter if the statute has subsequently run as the action was timely filed. I don't understand the concept of a preliminary answer. There is no such thing. A complaint is filed by the plaintiff and then an answer is filed by the defendant. If the defendant wants to change or revise the answer, the defendant files an amended answer either as of right or with permission from the court. There is no preliminary answer.

Unclear if you would file a motion to dismiss here. If its pre-trial, its either a motion to dismiss (which is filed before an answer is even filed), a motion for judgment on the pleadings or a motion for summary judgment. Depends on if the plaintiff sent you any discovery. Did you ask the plaintiff to provide you with documentation?

How did you request the documents from the loan servicer? There is a way to subpoena documents held by a third-party. Or you could give the plaintiff the authority to get them directly. Did you do either?

Motions are presented to the judge and filed with the court. Notice of hearing on the motion has to be given to the other side. I have not actually gone to court in Georgia and am not familiar with local practice. You will have to read the rules, any local county rules as well as state rules and talk to the clerk. Usually the trial court administrator does things like schedule hearings on motions. There may be cover sheets that you have to attach to your motion. Anything you file has to be sent to the plaintiff as well or their attorney with a certificate of service.

You really need to get up with a local attorney.