[aboveallprecious]

Hello everyone. My question pertains to a civil suit in Georgia, and I am in a bind and need advice immediately. I received a notice from a credit agency named Georgia Receivables, INC. Assignee of First USA Bank NA Partners around mid June (the date on the notice was June 13th), although I wasn't sure what it was until I found the letter yesterday on September 3rd. I was scheduled to move from Georgia to Connecticut the week that this notice arrived, and did not open it. Upon finding it after the move (yes it has been a couple of months and I forgot what mail was received shortly before moving day), I called the agency to question the account. My letter stated that I owe $9,053.20, but upon talking to the clerk, I was informed that I was already being taken to court for $10,147.67. I informed the clerk that I had not heard of the client they were representing and inquired if it were possible it was for another company. There was silence for a long time, upon which they said that it went back to a Wachovia card from 2003.

I did have a Wachovia account a long time ago that went bad after I was evicted from my home for losing a job and my marraige ended in 2001. I do not remember the exact date of the last payment, although to the best of my recollection it was in 2001, and no later than early 2002. I believe that the 2003 date was made up to deceive me into believing that my debt would still be in the newly instituted 6 year statute of limitations for Georgia, and I was advised that the only way for them to stop the lawsuit would be to send them 50% of the current balance. I did not make a payment and told them that they would just have to proceed with the lawsuit.

After speaking to the attorney's office, I contacted the clerk of the Superior Court of Decatur County, Georgia, and found that in fact, a lawsuit had been filed, and a summons had been attempted to be served on me on August 12th. Of course I had already moved, and on the 18th, I "Dilligent Search" note was placed in my file by the deputy that was attempting to serve me in person. I am assuming since they were not sucessfully able to serve me in person by the 18th, that the original serve date of August 12th applies, which means I have until September 11th to file an answer with the court and the plaintiff's lawyer. This includes mail time from Connecticut, so basically, I have only a couple of days to prepare my answer or any other documentation and get it in the mail!

I realize I have a couple of ways I can go about pursuing this case, but I really am just frustrated by now not knowing where to go on this. If I do need to retain a lawyer, I want to wait until the case goes forward, not to file an answer for me. I just can't afford one. So, do I file to dismiss based on the fact that I don't live in Georgia anymore, file an intent to defend (is that separate from an answer?), write an answer stating that I don't have enough information to confirm or deny the debt claimed (I have never had it validated by them and do not know who their client is for sure), or file using the SOL defense of 6 years in Georgia and attempt to get the case dropped that way?

Just a little extra info: On the lawsuit, the client name has been changed on the summons from the last correspondence from George Receivables, INC. Assignee of First USA Bank NA to Georgia Receivables, INC, Assignee of Chase Bank USA NA (don't know if that makes any difference), I have pulled my Experian credit report and can find no records of of either agency on them, or any other credit cards for that matter that are not in good standing, and I have attempted to have my bank records back home pulled from 2001, 2002, and 2003 to see when my last payment to my credit cards were made should they be able to link me to another debt I recognize. I am having to send a written request to them because I can't remember my password, and would have to send them payment for these records after they are pulled before they can be sent to me, and then they would have to mail them to me for me to see them. That would take about three weeks and I don't have that kind of time right now. Also, of the $10,147.67 they are requesting, $5,840.64 is the principal, and $3,266.33 is interest. While I don't think there are caps for interest rates on credit cards, which is probably the case with this, I have never heard of a compounded 56% interest rate! So what do I file to avoid a default judgment?

I realize this is a lot of information, and I appreciate any help I can get. I have been doing my homework for two days and need to get my documentation completed and sent out ASAP. Thank you so very much, and God Bless.

[sokol]

"IN THE COUNTY COURT, proper number JUDICIAL CIRCUIT, IN AND FOR COUNTY OF name, STATE OF GEORGIA, CIVIL DIVISION


CASE NO. .............................

Name of a bank

PLAINTIFF,


vs.


Your name, Pro Se

DEFENDANT.


ANSWER TO COMPLAINT


I, the Defendant, your name, herby answer the Complaint of Plaintiff as follows:
1. In response to the allegations of this Paragraph, I admit that this Court has subject matter jurisdiction. I lack information or belief sufficient to enable me to admit or deny the remaining allegations set for in this Paragraph, and on that basis, deny such allegations.

2. In response to the allegations of this Paragraph, I admit that I am otherwise over the age of eighteen (18) and I am a resident of Orange in the State of Florida. I lack information or belief sufficient to enable me to admit or deny the remaining allegation set for in this Paragraph, and on that basis, deny such allegation.

3. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

4. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.
5. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

6. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

7. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

8. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

9. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

10. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

11. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

12. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

13. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.


14. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

15. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

16. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

17. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

18. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

19. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

20. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

21. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

22. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.


23. In response to the allegations of this Paragraph, I lack information or belief sufficient to enable me to admit or deny the allegations set forth therein, and on that basis, deny such allegations.

According to all of the above the Plaintiff has failed to provide sufficient proof, documents, records or facts to prove his case by providing a clear and convincing evidence.

Wherefore, I respectfully request that this Honorable Court enters its Order for a Jury Trial in the above styled cause(s).

Dated: 05/02/2008

Certificate of Service

I hereby certify that a true and correct copy of the above and foregoing has been furnished to the name and address of a law office, via U.S. Mail on 2 day of May 2008.



John Adams, Pro Se
Your Address
Defendant"

That is what I did. This way yoy will get somme time to get everything you need. After you get the statements you can file a motion for dismissal with prejudice on a basis of the statue of limitation if its more than you said 6 years in Georgia. Mail your answer to a lawyer by certify mail with return receipt and fole with the court's clerk personaly.
Good lack.

[sokol]

Are you sure that you have 30 days to answer the complaint ?
In Florida I've had 20 days.

[sokol]

If your SOL will not work you have to file a DISCOVERY (production of all records and account history) request and Interrogatories answers (questions about nature of the alleged debt, account calculation method etc) to the Plaintiff (always copy to the Court). I can help you with this if you need it. I already went this road so I did lot of research.

[sokol]

[Attorney name]
[Address]
[Telephone number]

Attorney for Defendant, [name]


xxx Court, County of xxx
[xxx District]

xxxxxx ) No. xxx
Plaintiff(s) )
vs. ) ANSWER TO COMPLAINT
)
xxxxxx )
Defendant(s) )
__________________________________)


Defendant, [name], answers the complaint of plaintiff, [name], in this
action as follows:

RESPONSE TO PRELIMINARY ALLEGATIONS

1. Answering paragraph 1, defendant is without sufficient information or
belief to admit or deny the allegations in this paragraph. Based on this
lack of information or belief, defendant denies the allegations.

2. Answering paragraph 2, defendant admits that he is an individual
residing in xxx County, California. Defendant denies the remaining
allegations in this paragraph.

3. Answering paragraph 3, defendant admits [specify]. Defendant denies the
remaining allegations in this paragraph.

4. Answering paragraph 4, defendant admits that plaintiff is an
individual. Defendant is without sufficient information or belief to admit
or deny the remaining allegations in this paragraph. Based on this lack of
information or belief, defendant denies the remaining allegations.

5. Answering paragraph 5, defendant denies the allegations in this
paragraph.

RESPONSE TO FIRST CAUSE OF ACTION

6. Answering paragraph 6, defendant realleges and incorporates by
reference the admissions, allegations, and denials in paragraphs 1 through
5 of this answer.

7. Answering paragraph 7, defendant denies the allegations in this
paragraph.

8. Answering paragraph 8, defendant denies the allegations in this
paragraph.

9. Answering paragraph 9, defendant admits [specify]. Defendant denies the
remaining allegations in this paragraph.

RESPONSE TO SECOND CAUSE OF ACTION

10. Answering paragraph 10, defendant realleges and incorporates by
reference the admissions, allegations, and denials in paragraphs 1 through
9 of this answer.

11. Answering paragraph 11, defendant is without sufficient information or
belief to admit or deny the allegations in this paragraph. Based on this
lack of information or belief, defendant denies the allegations.

12. Answering paragraph 12, defendant denies the allegations in this
paragraph.

FIRST AFFIRMATIVE DEFENSE
Other Action Pending

13. This action is barred by a prior action pending before this Court
which involves the same transactions, issues, parties, and property that
are the subject of the complaint. The other action is presently pending in
this branch, Case No. xxx, filed by plaintiff against defendant. Both
parties to this complaint have appeared in the other action. Defendant
requests that the Court take judicial notice of the other action under
Evidence Code section 452. A copy of the complaint in that action, filed
[date], is attached as Exhibit A.

SECOND AFFIRMATIVE DEFENSE
Lack of Standing

14. This complaint is barred by the fact that plaintiff lacks standing to
bring an action. Plaintiff is not a party to the transaction and is not
connected to the transaction. Defendant owes no duty to respond to
plaintiff's allegations regarding the transaction.

THIRD AFFIRMATIVE DEFENSE
Fails To State Cause of Action

15. The complaint is barred by plaintiff's failure to state a cause of
action against defendant.

FOURTH AFFIRMATIVE DEFENSE
Laches

16. The complaint is barred in whole or in part by laches.

FIFTH AFFIRMATIVE DEFENSE
Unclean Hands

17. The complaint is barred in whole or in part by plaintiff's unclean
hands.

SIXTH AFFIRMATIVE DEFENSE
Equitable Estoppel

18. The complaint is totally barred by plaintiff's role in the
transactions that are the subject of the other action pending, the
complaint in which is attached as Exhibit A.

SEVENTH AFFIRMATIVE DEFENSE
Indemnity

19. If any liability exists on the part of defendant to plaintiff, such
liability is to be completely indemnified by [name]. EIGHTH AFFIRMATIVE
DEFENSE Offset

20. Any amount sought to be recovered in this action is barred in whole or
in part by the amount owing from plaintiff to defendant.

WHEREFORE, defendant requests judgment as follows:

1. That plaintiff take nothing by the complaint, which will be dismissed
with prejudice.

2. That defendant recover from plaintiff costs in the amount of $ xxx.

3. That the Court order further reasonable relief.


Date: xxx ________________________
[Typed name]
Attorney for xxxxxx

[aboveallprecious]

Hello there. I have been working on typing up an answer, and have a list of six defenses. I just wonder if my address is different if I change it on my answer? I am in Connecticut now, well out of the court's jurisdiction. I am also going to be working on interragories and production of documents. I read this can be filed at the same time as my answer. I am going to also work on a debt validation letter. Maybe I can go on ahead and file a motion to dismiss now based on my being out of the court's jurisdiction. I no longer reside in the state of Georgia.

I am also thinking of filing some counterclaims on the fact that I have discovered the company they say they are representing is different from the one I received initially that said I have 30 days to dispute validity, etc. etc. etc. Got to be some violations of the Fair Debt Collections Practices Act. Any other suggestions?

[aboveallprecious]

And yes, it is 30 days to respond, and I have never had an account with the creditor on the summons and my last name on it is my last married name. It is so weird, and scary!

[sokol]

The only suggestion I have is: don't overblow it. Do an answer first, so you will gain needed time. You have to make sure that your move or motion is correct. Don't be late with an answer.
I used this website for filing motions or requests: www.lectlaw.com/forma.htm.
Good lack.

[aboveallprecious]

I really do appreciate your help very much. I finished my answer along with defenses and counterclaims and will be working on getting it expedited to the courthouse by Thursday (and a copy to the plaintiff, of course). I will then see what I can do about motions to dismiss. I am out of jurisdiction and was when I was attempted to be served. It even says on a copy of the Marshal/Sheriff's entry of service that a diligent search was made for me and I am not in the jurisdiction of the court, LOL. Will post information as I know it! Thanks again!

[sokol]

OK. Let me know what's going on. I'm on the same train for 4 mos now. Your state is little bit different, but let me know exactly what kind of responses did you file. Good lack.