Legal Question in Real Estate Law in Georgia

I am in GA, and have filed an answer with the courts to a complaint for a second mortgage on 4/22. What is the next step?


Asked on 7/26/11, 9:37 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

The next step (really, the first step) is to get a lawyer. No one here knows a thing about the case, what they are suing for, etc. You may very well have waived defenses by not including them in the answer you filed. Simply stated, pro se parties in lawsuits almost always lose, even where they may have a valid claim or defense. If you don't know the next step, you are unable to handle the case.

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Answered on 7/26/11, 9:40 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no such thing as a "complaint for a second mortgage" so we have no idea what you were sued for and what it said. However, the worst thing you could have done was file an answer without counsel. You likely omitted defenses of law that you have now waived and may have missed mandatory counterclaims that you waive by not asserting them. Additionally your answer may or may not have been adequate.

When you get sued, your first stop is to see a lawyer. The fact that you filed a court pleading and THEN ask "what is my next step" (which depends on the case) indicates that you probably have already done things wrong and need counsel, who may or may not be able to fix what you have done.

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Answered on 7/26/11, 10:41 am


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