I reside in ga and an i am being sued for alleged debt that dates back 5 years and evidently has a last payment that is 5 years ago. I am answering each document line with Paragraph x: Denied. The alleged debt is time-barred by the Statue of Limitations for the state of Georgia. I also requested that he notify contact me further for this alleged debt and that its my third notice and request. Is there anything else I should include in closing response, I didnt site anything as I believe this person is fully aware of the laws. No insulting tone, idiot also does not release I was laid off April 2 and still unemployed, thus the DIY attitude. Any pointers, etc is much appreciated. Thanks,
I would suggest you get a lawyer. You are in court "don't contact me" is not going to fly, and if you deny everything in the fashion you stated, I see sanctions in your future.
I agree with jlynn you need to seek legal advise and we realize that not having a job is going to make it hard,but to go to court without knowledge is not going to help you.jlynn good to see your still here.
So if they ask you what your dog's name is, you say, "The alleged debt is time-barred by the Statue of Limitations for the state of Georgia"? If this is "not contact me further", you could reduce contact by not appearing. That way you won't be notified of further developments in the case, until, of course, the judgment is entered and they begin the process of trying to make you pay. There are millions of laws, no one is aware of them all. Why should the "idiot" care? They are seeking a judgment that usually can last for 20 years. It's possible that the economy will rebound by then and you'll have some money they can take. Suggesting that you at least consult for a few minutes with a lawyer has probably already been overdone here as a response.
Answer and Discovery requests I agree with the previous responses. First, statute of limitations is an affirmative defense which needs to be stated in an answer in a separate sections called "Affirmative Defenses". SEcond -- Requests for Admissions are dangerous. If you do not answer them in accordance with the court rules, or you answer them late, they are deemed admitted. Call your county bar association and see if they have a referral program. (I am a practicing attorney in Michigan for 30+ years).
The poster is wrong about the statute of limitations in Georgia. It is 6 years, not 5. Again, not in Georgia. Judgments are only good for 7 years in Georgia. Very few states have a statute of limitations on judgments that lasts for anywhere near 20 years. Yes, Sir, I believe you make a very valid point with that statement.
If that is true, answering that the alleged debt is out of the SOL won't be very helpful. Dumb Bob thinks that 20 years (10 years and one renewal is probably the most popular) is pretty standard. GA is 7 years but how many times can that be renewed?
