New thread re: my case & questions

[GAMama]

I am starting a new thread because the last one is too confusing I think.

1. Who is suing you?

A. A law firm claiming to represent credit card co.

2. For how much?

A. $1000.00 + interest, court costs, etc. approx. $2500

3. Who is the original creditor?

A. Cap. One

4. How do you know you are being sued?

A. I was served a Complaint last year (Feb. 09) by a Sheriff's Deputy

5. How were you served? Were you served?

A. Yes, see above

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

A. I received one dunning letter in July '08.

7. Where do you live?

A. GA

8. When is the last time you paid on this account?

A. Feb. '05

9. What is the status of your case?

A. Not sure exactly. I responded to the first complaint in Mar. of '09 & have heard nothing until this month when I received a Request for Admission of Facts & First Continuing Interrogatories. I tried to look it up today but our courts site leaves much to be desired. The only thing I could access were cases filed in the last 365 days so mine was not listed.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

A. No.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

A. No.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

A. This was done last year but the documents I recently received require answers as well. These are what I need advice on.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

A. In this last set of documents, there is a copy of the original signed app., a copy of the cardholder agreement & a statement from 2005 showing the balance that they claim is due.

14. What is the SOL on the debt?

A. I am pretty sure this falls within the SOL. I do know that the debt was charged off by the card company in 2006.

I have to answer these latest requests by Dec. 30 & I am about to just give up. I have searched all over the place for sample answers, etc. & can't seem to find much for these particular documents. I have read to deny everything, I have been told to contact the lawyer & try to settle. I am just very confused as to my options & what I should do at this point.

First off, I am confused as to who owns the debt. I know the card co. charged it off in 2006 because I have a letter to that effect & it is listed that way on my credit card report. I did live in another state for a few years & was contacted by at least 3 different collection agencies & 2 different law firms while living there. I was served papers from that state after I had moved back to GA & then received a document stating that the Plaintiff/law firm representing the card co. had dismissed the case WITHOUT prejudice.

Last year after being served the Complaint, I called the card co. & asked them about it & was given the name of a company that I can't find any info. on at all. I have never received anything from a company with that name. I tried to call Cap. One again tonight to see if I could find out if they are if fact still the owners of the debt but apparently they can't tell me that info. past 9:00pm & it was 9:11 when I was speaking to her so I have to call back tomorrow.

The dunning letter I received from the law firm filing this suit says they are a debt collector but the documents filed with the courts just show them as representing Cap. One. I have read so much about this subject & how a case can be thrown out on the basis of hearsay, etc. but I am still confused about who exactly I am dealing with & as a result how exactly I should proceed.

I contacted a local lawyer today & had to leave a message but got no response. I wanted to ask about time limits since they waited 1 1/2 yrs. from the first complaint to the 2nd round.

I guess my main questions are:

1) How to respond to the request for admission of facts.

2) Why do I have to answer the interrogatories when no judgment has been awarded? (It says I am required to do so) If I must answer them, do I have to list banking info., property info., etc. or can I answer with a general None of your business at the moment kind of answer

3) I know I have to send them my answer & send a copy to the court but if the deadline is the 30th is mailing them on that day sufficient or do they have to receive it on the 30th?

4) Are there any motions or anything like that that I should be filing on my end at this point? I am just not sure exactly what happens from this point on.

I have searched every bit of this & can't seem to find anything that I am looking for which is why I have come here for help. Any help/advice is greatly appreciated.

[BV80]

Here are some sample answers:

1. Admitted upon information and belief.

You can use the above answer for such things as "Plaintiff resides in such and such state".

2. Plaintiff has not provided sufficient information to admit or deny.

3. Plaintff has not provided sufficient information, therefore Defendant must deny.

4. Defendant is searching for records. Until such records are found, Defendant must deny.

Anything that you can admit, do so.

2) Why do I have to answer the interrogatories when no judgment has been awarded? (It says I am required to do so) If I must answer them, do I have to list banking info., property info., etc. or can I answer with a general None of your business at the moment kind of answer

Interrogatories have nothing to do with a judgment. Their purpose is to provide the asking party with information.

If they're asking about your banking and property info., you can answer with something like:

Objection. Plaintiff seeks information that is not relevant to the discovery of evidence.

I contacted a local lawyer today & had to leave a message but got no response. I wanted to ask about time limits since they waited 1 1/2 yrs. from the first complaint to the 2nd round.

Don't stop with one lawyer. Contact multiple lawyers until you find one who will talk to you. If all else fails, contact the legal department at your state's Department of Consumer Affairs. They might have some answers.

3) I know I have to send them my answer & send a copy to the court but if the deadline is the 30th is mailing them on that day sufficient or do they have to receive it on the 30th?

In my state, they give a little leeway to the Defendant. Make sure you file your Answer by the 30th. Immediately send it to the Counsel for the Plaintiff. If it would make you feel better, overnight it.

I believe you mentioned the case was dismissed in KY due to the SOL. Be sure and ask the lawyer, Department of Consumer Affairs, or your father-in-law if a lawsuit that is dismissed in one state due to the SOL can brought up again in another state.

Edited December 29, 2010 by BV80

[Guest usctrojanalum]

First off, I am confused as to who owns the debt. I know the card co. charged it off in 2006 because I have a letter to that effect & it is listed that way on my credit card report.

Does your credit report indicate that the sold/transferred to another lender? If it does not, then the bank would still own the debt.

I was served papers from that state after I had moved back to GA & then received a document stating that the Plaintiff/law firm representing the card co. had dismissed the case WITHOUT prejudice.

Okay, so this clears up a lot of the confusion. Your case was not thrown out because of SOL. Could a possible explanation be that when the lawyer saw that you no longer lived in KY they voluntarily dismissed the case?

The dunning letter I received from the law firm filing this suit says they are a debt collector

Good, federal law requires them to state that.

but the documents filed with the courts just show them as representing Cap. One. I have read so much about this subject & how a case can be thrown out on the basis of hearsay, etc. but I am still confused about who exactly I am dealing with & as a result how exactly I should proceed.

Cap1 is the plaintiff, and the lawyer is suing you on behalf of Capital One. That would explain why they would have a copy of your application with your signature on it, I doubt there are many, if any, JDB's that would have that type of documentation.

[GAMama]

Thank you both so much! I feel almost ready to start tackling this form.

BV, thanks for the examples, that helps a lot.

As for the SOL dismissal - Last year, when I had to file the answer, I found this site & started reading about that - I had no idea at the time that it was even an option. I think I just assumed that had to be the case since I didn't do anything to fight it & back then, I was under the impression that the court had dismissed it. I was dealing with a newborn & just did not have the time or energy to investigate any further. It has taken me a few days but I am starting to remember everything a little more clearly.

usctrojanalum, Credit report just says charged off. I was feeling pretty sure after looking over everything today & looking at the law firm's website that they seemed pretty legit & that they are pretty much a recovery firm so thank you for confirming that for me! That question has been driving me crazy. So, if I call the Card co. tomorrow, they should be able to confirm that they do indeed own the debt?

So, I guess I have lots of phone calls & writing up answers to do tomorrow. Sigh. I can't thank you guys enough for helping me out. I have barely done anything all day but deal with this so I am feeling a little calmer & less frantic about handling this. I'll keep you posted & I am sure I will be back with more questions before it is over.

[BV80]

Originally Posted by GAMama

I was served papers from that state after I had moved back to GA & then received a document stating that the Plaintiff/law firm representing the card co. had dismissed the case WITHOUT prejudice.

Okay, so this clears up a lot of the confusion. Your case was not thrown out because of SOL. Could a possible explanation be that when the lawyer saw that you no longer lived in KY they voluntarily dismissed the case?

Well, crud...I should have read more carefully. GAMama still needs to ask if there's a time limit for no action on a case.

[Guest usctrojanalum]

Yes call a local attorney, or at least a few local attorneys and ask them about prosecution of a civil claim. Also you might be able to call your local bar association to see if they will give you a referral. 18 months seems like a long time between answer and discovery requests, but you never know some Courts may operate that way.

[GAMama]

Ok, I've put in calls to a few lawyers - no answers, left messages. I called the Legal Aid Society but they are on holiday schedule. I called the Dept. of Consumer Affairs & got referred to the comptroller which controls national banks - haven't called them yet. Is this a question I could just call the courthouse & ask? I am not having much luck locating an attorney who is working this week

I guess I will try a few more attorneys & then get to work on my answer.

[GAMama]

Finally talked to a couple of lawyers. The first was incredulous that they were suing me for such a small amnt. & said his fee would exceed what they are asking though he wasn't sure about the time limit. The second one was very nice & told me that discovery should only be 6 months so I should respond accordingly. Off to work on my answer!

[GAMama]

Can someone help me with specific wording for my answer to admission of facts & the interrogatories? I was advised by one lawyer that I should answer by saying something about the discovery being untimely but I am not sure exactly how to word it. I also don't know if I should deny all of them in one line or deny/refute each specific request for admission. I am sure it is the latter but I still need to figure out how to word it specifically. I have seen examples of responses to this but none that have to do with a company waiting 18 months.

[BV80]

Have you talked to your court's Clerk of Court? If not, just for heck of it, try this:

I believe that, in most courts, a hearing is supposed to be scheduled after a certain amount of time. Call your Clerk of Court, explain the situation, and give him/her your case number. The clerk might be able to tell you if it's been too long for the case to proceed.

[GAMama]

LOL! I just tried that - first they wouldn't even answer the phone because they are so short staffed. I tried again & just got transferred to someone's voice mail. I left a message but was just getting ready to try again.

[BV80]

Great minds as they say!

[GAMama]

I just tried again & he is not answering. Hopefully he will call me back before 5. I would love it if it were thrown out today & I could stop working on this response. This is so irritating!

[Xcalibar]

RESPONSES TO INTERROGATORIES SAMPLES

PICK THE BEST RESPONSE TO THE INTERROGATORY THAT HAS BEEN ASKED OF YOU

NOTE: IF THERE ARE QUESTIONS YOU NEED ANSWERED AND ARE NOT ASKED HERE YOU CAN STILL USE ONE OF THE ANSWERS BELOW THAT PERTAINS TO THE INTERROGATORY THAT MATCHES ON YOURS.

Are they asking for your social security number?

Objection:

Interrogatory No 1 is objected by the Defendant on grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

Are they asking for your Place of birth or bank account information?

Objection:

Interrogatory No. 2 is objected by the Defendant on the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

Are they asking you to identify any payments made to the Plaintiff? If you've made payments to this collection agency this response will not work.

Interrogatory No. 3 is objected by the Defendant on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff.

Are they asking you to identify any payments made to the Original Creditor or the date of that payment and amount?

Objection:

Interrogatory No. 4 is objected by the Defendant on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. (no contract? this next one applies as well)The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative. The Defendant has sought the Contract Alleged through Discovery and demands strict proof thereof.

Without waiving the Defendant’s objection, the Defendant to the best of his knowledge has never made any payment to the Original Creditor.

Have they now asked you to identify any payment made to Account Number XXXXXX but have already asked you to identify payment made to the Original Creditor? This is a TRICK QUESTION! They are hoping you screw up and say something different and don't catch that the 2 questions are one of the same!

Objection:

Interrogatory No. 5 is objected by the Defendant on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. The Defendant has sought the Proof of Alleged Account Number & Account Stated through Discovery and demands strict proof thereof.

Are they asking you for the last check number written to this account?

Objection:

Interrogatory No. 6 is objected by the Defendant on the grounds that it is overbroad and unduly burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of the Defendant.

Without waiving his objection the Defendant to the best of his knowledge has never written a check to the order of the original creditor or to the order of the Plaintiff. I would think that answering this Question in this manner could be problematic if in fact the defendant was indebted to the original creditor

Are they asking you to list dates and payments made that you claim were made to the account?

Objection:

Interrogatory No. 7 is objected by the Defendant on the grounds that it is Unreasonably cumulative or duplicative, overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant.

Without waiving his objection the Defendant states that he has never claimed he made any payments by check, money order, banks official check or any other means, therefore cannot list any.

Are they asking you if the amount sued upon is correct, if not what is the correct amount? TRICK QUESTION!!!

Interrogatory No. 8 is objected by the Defendant on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct. The Plaintiff should have records or documents of the Amount Sued upon as being correct from Plaintiff's own files and the Defendant has asked the Plaintiff to provide this proof such as an account stated during his discovery. And the Defendant has listed this as an Affirmative Defense in his Answer. The Defendant leaves the Plaintiff to its proof.

Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.

Are they asking you if any settlement offers were made on the account? TRICK QUESTION. If you tell them there was then you admit it's your account.

Objection:

Interrogatory No. 9 is objected by the Defendant on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. The Plaintiff claims to be the Assignee of the alleged account therefore the Plaintiff should have records or documents of any settlements made to Defendant from Plaintiff's own files.

Without waiving the Defendant’s objection, the defendant to the best of his knowledge has never received any settlement offers.

Are they asking you to provide information about witnesses you may call to the trial?

Objection

Interrogatory No. 12 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. The Defendant cannot possibly answer this Interrogatory when he has not seen the Plaintiff answers to his Discovery.

Without waiving his objection, the Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant.

Are they asking you for information about exhibits you will use at trial?

Objection:

Interrogatory No. 13 is objected as it is once again requesting information that it is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

Are they asking you for each factual basis of each defense you now assert?

Objection:

Interrogatory No. 15 is objected by the Defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

Without waiving his objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.

[GAMama]

Thank you for that sample Xcalibar - that helps so much. Although, one lawyer I spoke to today said to basically object on the basis that they waited 18 months from the Complaint until the Discovery documents. I just need to figure out how to word that - I'm thinking something like:

Objection:

Interrogatory #1 is objected to as the Plaintiff did not make the request of the Defendant in a timely manner.

Interrogatory #2 - same as above, etc., etc., etc.

I am thinking about doing the same thing with the Admission of Facts. I just need to know if that is the right way to go about it or if I need to answer as if it was in the accepted time frame & then possibly file some kind of Motion to Dismiss on the basis of the ridiculous time delay. I didn't hear back from the courthouse today but I will be calling them in the morning to find out if I can just get it thrown out that way.

[BV80]

If you don't mind my asking, what court are you being sued in? Magistrates or what?

[BV80]

I just found this in the GA Code of Laws:

TITLE 9. CIVIL PRACTICE

CHAPTER 11. CIVIL PRACTICE ACT

ARTICLE 6. TRIALS

(e) Dismissal for want of prosecution; recommencement. Any action in which no written order is taken for a period of five years shall automatically stand dismissed, with costs to be taxed against the party plaintiff. For the purposes of this Code section, an order of continuance will be deemed an order. When an action is dismissed under this subsection, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.

I would assume that applies to all civil cases?

[BV80]

Wait...never mind. That is about orders. Not actions or Motions.

[GAMama]

State Court

[BV80]

Here's what I found. Hope it's worth something.

http://www.georgiacourts.com/files/UNIFORM+STATE+COURT+RULES_08_10(1).pdf

UNIFORM STATE COURT RULES

Effective July 1, 1985

Including Amendments Received Through

November 1, 2009

The Uniform Rules for the Superior Courts shall be applicable in State Courts except as follows:

A. Wherever the words "superior court" or "superior courts" appear in the Uniform Superior Court Rules, the word "state" shall apply in lieu of the word "superior."

B. Wherever the words "district attorney" appear in the Uniform Superior Court Rules, the words "prosecuting attorney" shall apply in lieu of "district attorney."

C. Wherever the word "felony" appears, the words "or misdemeanor" shall be added.

D. Wherever the words "indictment" or "grand jury indictment" appear, the word "accusation" shall apply in lieu thereof.

Notice that it said the rules for the Superior Court shall be applicable to the State Court.

The following is from the Superior Court Rules:

http://www.georgiacourts.org/files/UNIFORM%20SUPERIOR%20COURT%20RULES_Updated_11_10.pdf

Rule 5. DISCOVERY IN CIVIL ACTIONS

Rule 5 shall not be applied in any case prior to January 1, 1986.

Rule 5.1. Prompt Completion

In order for a party to utilize the court’s compulsory process to compel discovery, any desired discovery procedures must first be commenced promptly, pursued diligently and completed without unnecessary delay and within 6 months after the filing of the answer. At any time, the court, in its discretion, may extend, reopen or shorten the time to utilize the court’s compulsory process to compel discovery.

I don't know if that means what we think it means, but it's another question you can ask the Clerk of Court.

[GAMama]

OMG! BV, Thank you so much! You are Awesome! I have just spent the last 7 or so hrs. on LexusNexus reading through the whole Civil Procedure for Georgia - 676 pages I think.

Anyway, here is what I found:

§ 9-3-3. Applicability of limitation statutes; equitable bar

Unless otherwise provided by law, limitation statutes shall apply equally to all courts. In addition, courts of equity may interpose an equitable bar whenever, from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal rights.

§ 9-3-28. Actions by informers

All actions by informers to recover any fine, forfeiture, or penalty shall be commenced within one year from the time the defendant's liability thereto is discovered or by reasonable diligence could have been discovered.

TITLE 9. CIVIL PRACTICE

CHAPTER 3. LIMITATIONS OF ACTIONS

ARTICLE 2. SPECIFIC PERIODS OF LIMITATION

O.C.G.A. § 9-3-35 (2010)

§ 9-3-35. Actions by creditor seeking relief under Uniform Fraudulent Transfers Act

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the "Uniform Fraudulent Transfers Act," shall be brought within the applicable period set out in Code Section 18-2-79.

(j) Stay of discovery.

(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner. The court shall decide the motion to dismiss within the 90 days provided in this paragraph.

(2) The discovery period and all discovery deadlines shall be extended for a period equal to the duration of the stay imposed by this subsection.

(3) The court may upon its own motion or upon motion of a party terminate or modify the stay imposed by this subsection but shall not extend such stay.

(4) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection ( of this Code section or if any party needs discovery in order to identify persons who may be joined as parties, limited discovery needed to respond to such defenses or identify such persons shall be permitted until the court rules on such motion.

(5) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court to stay discovery

TITLE 9. CIVIL PRACTICE

CHAPTER 11. CIVIL PRACTICE ACT

ARTICLE 6. TRIALS

O.C.G.A. § 9-11-41 (2010)

Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with this chapter or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine the facts and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. The effect of dismissals shall be as follows: (1) A dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits; and (2) Any other dismissal under this subsection and any dismissal not provided for in this Code section, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, does operate as an adjudication upon the merits unless the court in its order for dismissal specifies otherwise.

TITLE 9. CIVIL PRACTICE

CHAPTER 15. COURT AND LITIGATION COSTS

O.C.G.A. § 9-15-14 (2010)

( The court may assess reasonable and necessary attorney's fees and expenses of litigation in any civil action in any court of record if, upon the motion of any party or the court itself, it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under Chapter 11 of this title, the "Georgia Civil Practice Act." As used in this Code section, "lacked substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.

I know this is a mix of stuff but I just copied anything that sounded close & then edited it down to these few. I keep seeing that there is definitely a limit for discovery but just couldn't find what exactly the limit is. I think what you found just might be the answer.

I still need to work on my answers just in case I still have to serve them. I am still confused as to how to proceed with that. I guess I will just make 2 drafts. I could really use advice on this. My printer is broken so I would like to have them all ready to go so I can deal with the printer & getting to the PO by tomorrow afternoon.

Thanks so much everybody for you help! I love this place.

[GAMama]

Sorry about the one in yellow - here it is so everyone can actually read it:

TITLE 9. CIVIL PRACTICE

CHAPTER 3. LIMITATIONS OF ACTIONS

ARTICLE 2. SPECIFIC PERIODS OF LIMITATION

O.C.G.A. § 9-3-35 (2010)

§ 9-3-35. Actions by creditor seeking relief under Uniform Fraudulent Transfers Act

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the "Uniform Fraudulent Transfers Act," shall be brought within the applicable period set out in Code Section 18-2-79.

[BV80]

Here's my take on some of it:

(j) Stay of discovery.

(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner. The court shall decide the motion to dismiss within the 90 days provided in this paragraph.

(2) The discovery period and all discovery deadlines

That seems to mean that filing a Motion to Dismiss will stay discovery. That may work if this case is not already null and void.

Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with this chapter or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.

This may be what you're looking for if the Plaintiff was supposed to have requested discovery within 6 months according to the rules I copied for you.

I still need to work on my answers just in case I still have to serve them. I am still confused as to how to proceed with that. I guess I will just make 2 drafts. I could really use advice on this. My printer is broken so I would like to have them all ready to go so I can deal with the printer & getting to the PO by tomorrow afternoon.

If you find out that the Plaintiff was supposed to request discovery within 6 months, you might could answer the questions with:

Objection: Defendant objects to Plaintiff's request pursuant to Rule 5.1 of the Uniform Rules of the State Courts of the State of Georgia. (or would that be the Uniform Superior Court Rules of the State of Georgia?) Another question to ask the Clerk of Court.

It wouldn't necessarily mean the case is over, though. The rule included "At any time, the court, in its discretion, may extend, reopen or shorten the time to utilize the court’s compulsory process to compel discovery."

Hopefully, the judge or the Plaintiff would simply dismiss the case.

An action by a creditor seeking relief under the provisions of Article 4 of Chapter 2 of Title 18, known as the "Uniform Fraudulent Transfers Act," shall be brought within the applicable period set out in Code Section 18-2-79.

I don't think that applies here. If I'm not mistaken, the meaning of fraudulent transfer is when a debtor transfers assets out of his name to avoid repossession or judgment.

Edited December 30, 2010 by BV80

[GAMama]

Yes, I agree with your take on all of them. I think on that last one I was just trying to find anything that specified a time limit for any kind of relevant case. Thanks again for your help. I guess I am just going to draft 2 separate answers accordingly & then see what I find out from the court clerk tomorrow.

[GAMama]

I have some final (hopefully) questions that I hope someone can advise me on before I finish up my answers & send them off in the mail.

1) One of the interrogatory questions is re: name, address, etc. of employer.

I am not employed (stay at home mom) so how should I respond???

2) Another question is re: any felonies/misdemeanors I have been charged with.

There are none but I was wondering if I should object due to privacy issues. I used this as an objection for banking info. & other things.

3) Another question is re: any other civil suits which I have been involved in. - they are asking for all details - which court, parties involved & resolution.

The only other suits were 2 in KY - one with this creditor & one other - the one with this creditor was dismissed w/o prejudice so I am guessing that I just answer with the details that they want?????

4) Do I need to have these documents notorized?

5) Do I need to file anything else at this point? Do I need to work on interrogatories for them as well or is it too late for that? Of course, this all depends on what I find out tomorrow after calling the court clerk.