Legal Question in Civil Litigation in Georgia

proof of service

I am the pro se defendant in a civil suit. The plaintiff has filed a motion for summary judgment based on my failure to respond to discovery inquiries that the plaintiff supposedly mailed that I did not receive. Is the plaintiff�s affidavit and statement that the inquiries were mailed adequate proof of service? I would offer a sworn affidavit stating I did not receive the letter. What can I do?


Asked on 8/05/06, 6:09 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: proof of service

Yes, their certificate of service is generally deemed adequate proof of service. This is but one of many potholes in representing yourself in a lawsuit.

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Answered on 8/05/06, 4:09 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: proof of service

You should respond to the motion for summary judgment as a whole, which would be best handled by an attorney. Such response would include statements that the discovery requests were not received, among other things.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 8/07/06, 3:22 pm


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