ExpertLaw.com Forums

Answering a Summons with Affirmative Defenses

Printable View

  • 04-01-2012, 09:20 AM
    doitmyself
    Answering a Summons with Affirmative Defenses
    My question involves collection proceedings in the State of: GA

    Hi all,
    I received summons from the credit card company 2 weeks ago and in the process of preparing the Answer and will file by the dead line next week. I can not make payments to that credit card any more and stopped paying about a year ago. I can not effort to pay lawyer and will do it myself and need your help.
    The statement of claim was not written anything much, just saying that " Plaintiff states Defendant is indebted to Plaintiff in the amount of $XXXXX Principal, plus $0.00 interest, plus $0.00 Attorney Fee, plus $XXX costs to date, and all future costs of suit." and there is a attachment show summary of my account statement.
    I am preparing the Answer to this claim but do not know the steps and have question below:

    1. Can I file the Answer with an Affirmative defense in the same form? Would you please show me example of the Answer and Affirmative defense standard form and content.
    2. Can I file the Motion of dismiss? If I can, should I file on the same day with the Answer or file the Answer first.
    3. Where can I find the GA court rule?
    4. What will happen after I file the Answer with Affirmative defense to the court?
    5. What is the next step I should do?

    Any suggestions would be appreciated.
  • 04-01-2012, 10:07 AM
    davidmcbeth3
    Re: Answer the Summons with Affirmative Defences
    http://law.justia.com/codes/georgia/...-9/chapter-11/

    civil court rules

    Really, if you cannot find this how do you hope to litigate?

    What affirmative defense?

    What grounds for dismissal?

    Want to see examples...go to court & look at some cases already on file...

    You can file a motion for extension of time to respond to the complaint too if you are running into time issues, ask for 30 days ... it will be granted

    Quote:

    Quoting doitmyself
    View Post
    . I can not make payments to that credit card any more and stopped paying about a year ago.

    Being poor is not a defense.
  • 04-01-2012, 02:10 PM
    AZDeputyClerk
    Re: Answering a Summons with Affirmative Defenses
    You will want to review all court rules in your local law library. The rules of court will dictate the format required by your court. In many courts, the affirmative defenses may be presented in the Answer.

    You can file a Motion to Dismiss with an Order for the judge to sign. At this stage, it's most likely that the Order would be denied as the opposing party is generally permitted to respond to your Answer. You will have to serve copies of the Answer on the opposing party once the documents are filed with the court.
  • 04-01-2012, 03:37 PM
    davidmcbeth3
    Re: Answering a Summons with Affirmative Defenses
    Quote:

    Quoting AZDeputyClerk
    View Post
    You will want to review all court rules in your local law library. The rules of court will dictate the format required by your court. In many courts, the affirmative defenses may be presented in the Answer.

    You can file a Motion to Dismiss with an Order for the judge to sign. At this stage, it's most likely that the Order would be denied as the opposing party is generally permitted to respond to your Answer. You will have to serve copies of the Answer on the opposing party once the documents are filed with the court.

    One can file a motion to dismiss before an answer is filed...like you said: OP should read the rules ... looks like the defense is : I AINT GOT NO MONEy
  • 04-02-2012, 07:25 AM
    cmre3456
    Re: Answering a Summons with Affirmative Defenses
    You owe money on a credit card and you stopped making payments because you can't afford it.

    What would your affirmative defenses be?
  • 04-02-2012, 08:51 AM
    davidmcbeth3
    Re: Answering a Summons with Affirmative Defenses
    Quote:

    Quoting cmre3456
    View Post
    You owe money on a credit card and you stopped making payments because you can't afford it.

    What would your affirmative defenses be?

    Exactly. The OP actually has none & will not post back with any real defense to the complaint.
All times are GMT -7. The time now is 12:04 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved