Legal Question in Credit and Debt Law in Georgia
I am being sued by a collection agency for a credit card debt here in the state of Georgia. I answered the summons and requested in the answer that I be provided proof of account, contract, etc. Then I received a letter containing interrogatories, discovery, etc which I denied since I hadn't received info from them. Now a status hearing has been set, what should I do next? They haven't even proven that I owe them! The hearing is in a week--should I send a motion for discovery or something to make them prove their case?
3 Answers from Attorneys
The time to prove their case in a lawsuit is at the trial, to the judge. From your post, you've done everything wrong to this point, including not serving discovery on them and not properly responding to their discovery (which asks for what YOU know, not what they know or what they havbe not sent you). The one thing missing from your post -whether you owe the money. If you do, pay it. You've decided to go down the road of litigation while not knowing what you are doing, which rarely changes the end result if you owe the money.
You need to obtain an attorney ASAP to handle this for you. I can tell you are way in over your head just from the above question. Let me tell you why--
1.) The Answer is not the appropriate place to request proof of account, contract, etc, which is why you did not receive the info/documentation you requested. The plaintiff is not required to respond to discovery requests that are not properly served.
2.) You cannot unilaterally decide to "deny" interrogatories and other discovery requests properly served on you (mail is an appropriate method of service for discovery). You may object to certain questions within discovery requests if the questions violate some kind of privilege (attorney/client, doctor/patient, etc.) or are otherwise objectionable, but you must reply to discovery within the time limits set by the Court rules. If you don't plan on answering the questions, you need to file for a protective order with the Court which excuses you from doing so -- you better have a really good reason not to answer.
3.) The status hearing is simply a chance for the judge to hear about the status of the case, specifically, how discovery is going. He will want to know why you didn't answer the interrogatories and will hopefully give you a little more time (without sanctioning or fining you) to complete them now that you understand that you really have no choice. You can also ask the judge for more time to serve the Plaintiffs with your discovery requests so this can be done properly. Hopefully the judge is sympathetic and will give you more time, but if you've missed the deadlines, he doesn't have to.
4.) There is no such thing as a "motion for discovery." You can file a "motion to compel discovery", but you only do that when you have properly served your discovery on the other party (you have not) and the other party has failed or refused to answer within the proper time limits and you have given them a reasonable/good faith chance to answer.
5.) Don't go to the status hearing trying to argue that the plaintiff has not proved his case against you. Your argument will fall on deaf ears. The trial is the place in which you try and foil the plaintiff's case.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********
You need an attorney. You have mishandled this case badly.
You CANNOT refuse to answer discovery. The sanction will usually be dismissal of your answer and additional attorneys fees.
I don't know where you got the iudea of a request for proof of account. If you want information in the case, you must do discovery.
You are digging yourself in a disaster of a hole. Get a lawyer.