Legal Question in Credit and Debt Law in Georgia

Hi, I am being sued for credit card debit in the wrong county never lived there.should I file for motion to dismiss or should I answer the case or should I do both. Thank you in advance for your assistance.


Asked on 8/26/16, 6:11 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You should see a lawyer. Such a case will, if you properly do that, get transferred to a new county. You also likely will waive legal defenses 30 days from service, so not seeing a lawyer could be an unfixable blunder.

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Answered on 8/28/16, 6:46 pm

You can contest venue, but what exactly is this going to do for you? The fundamental question is do you owe the debt or not? If you do, then what are your plans for dealing with the debt? At some point, assuming you owe the debt and the creditor can prove it, the creditor is going to get a judgment against you. With a judgment, the creditor can garnish yourwages, levy your bank account and seize assets owned free and clear.

Who is the lawsuit by? An original creditor (like Capital One, American Express or Discover or something like that) or a junk debt buyer? That may make a difference. How much do you owe? When was the debt last paid? The statute of limitations in Georgia is 6 years for credit card debt.

Even if a judgment is entered in the wrong county, it can be transferred to any county where you live or own property. So fighting a lawsuit is only going to make sense if you need some time. If only a small amount is owed, your dollars would be better spent settling the debt for less than what is owed.

Attorney Ashman is correct that you need to see a lawyer. It may make sense to litigate. It may also make sense not to litigate. But you will not know until you talk to an attorney and allow him or her to review the papers.

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Answered on 8/28/16, 8:23 pm


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