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Got served a Complaint on Contract but no contract attached


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I got served a Complaint on Contract but there was no copy of a contract or assignment, not even an "affidavit". Nothing was stated in the complaint about the contract being unavailable. Is anyone here is familiar with GA court rules?

Thanks for any feedback.

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I got served a Complaint on Contract but there was no copy of a contract or assignment, not even an "affidavit". Nothing was stated in the complaint about the contract being unavailable. Is anyone here is familiar with GA court rules?

Thanks for any feedback.

You need to google "GEORGIA RULES OF CIVIL PROCEDURE", or Georgia Rules of Evidence.

Also call the court clerk and ask if a summons has been issued, per the case number on the summons.

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You need to google "GEORGIA RULES OF CIVIL PROCEDURE", or Georgia Rules of Evidence.

Also call the court clerk and ask if a summons has been issued, per the case number on the summons.

Thanks! I'll google those terms, and will check with the court clerk as to the summons.

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Nothing unusual here.

Nothing unusual ??? If a sworn affidavit was not attached, then who is filing the complaint, and where is the individual who has 'PERSONAL AND FIRST HAND KNOWLEDGE of the matter in question. Seems like they have filed a complaint with NO FOUNDATION and shown "no cause for which relief" should be granted.

also, the attorney is not qualified to serve as a witness for the plaintiff, because he/she lacks personal knowledge.

Please explain "nothing unusual"...this is certainly news to me !

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Broke, you are not the only one that thinks its a little beyong ridiculous that these goons can hold people up with these suits and not provide a single shread of evidence to back their claims. My case has went on for three months, and there is no end in sight, and they still have not provided anything.

I guess the $$$ they pay to file the thing gives them carte blanche as far as letting it sit for an eternity without having to provide proof. Not only are they permitted to file the suits with no proof, but at least in my state they don't even have to pursue the case within any reasonable time frame. Just another symptom of a rotten system I guess.

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I got served a Complaint on Contract but there was no copy of a contract or assignment, not even an "affidavit". Nothing was stated in the complaint about the contract being unavailable. Is anyone here is familiar with GA court rules?

Thanks for any feedback.

I think Prosay was also inferring that if one is sued for "breach of contract", some state rules require the contract, or credit card agreement, be attached to the Complaint.

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Nothing unusual ??? If a sworn affidavit was not attached, then who is filing the complaint, and where is the individual who has 'PERSONAL AND FIRST HAND KNOWLEDGE of the matter in question. Seems like they have filed a complaint with NO FOUNDATION and shown "no cause for which relief" should be granted.

also, the attorney is not qualified to serve as a witness for the plaintiff, because he/she lacks personal knowledge.

Please explain "nothing unusual"...this is certainly news to me !

Nothing unusual as all these documents are not required to be attached to the complaint in Georgia. Summonses will simply be two pieces of paper and are really just a means of getting someone into Court. Save all that other stuff you are talking about for discovery.

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Broke, you are not the only one that thinks its a little beyong ridiculous that these goons can hold people up with these suits and not provide a single shread of evidence to back their claims. My case has went on for three months, and there is no end in sight, and they still have not provided anything.

I guess the $$$ they pay to file the thing gives them carte blanche as far as letting it sit for an eternity without having to provide proof. Not only are they permitted to file the suits with no proof, but at least in my state they don't even have to pursue the case within any reasonable time frame. Just another symptom of a rotten system I guess.

Three months isn't that long as far as the court is concerned. Eventually you can file a motion to compel discovery, and if they still don't provide, you can file a motion to dismiss with prejudice.

Also, I don't know about your state, but in Texas they won't let it sit on the docket forever. The court will eventually send a letter out saying that they're going to dismiss the case because of inactivity. But it usually takes about 6 months of inactivity, I think. I assume that all states would dismiss inactive cases eventually.

Again, three months isn't that long a period of time. But you can call your court coordinator and find out what the process is there.

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The summons may not have all the attachements, but the complaint filed with the court needs to have the attched copy of the contract they claim you have violated as well as a stated cause for the violation and relief sought. That's law 101. If the contract is "lost or destroyed" they must say so in the complaint and then it is up to the defense to bring up that point as an affirmative defense.

Still, if you can't get the plaintiff to respond in writing as to the cause of their action you could file a motion for summary judgment in favor of the defense for not having a cause of action. Further if you can show a pattern of this from the debt collector you can counter with a suit of your own for malicious prosecution and abuse of process. But make sure you have all your facts before doing so as that is a very serious charge to levy against a lawyer.

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I very rarely see a contract attached. That's what was meant by "not unusual". It's also not illegal nor unethical. It's up to you to point out the hole in their case created by this obvious lack of documentation.

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And in Georgia's magistrate courts - there is "no" discovery. You only have discovery in state and superior court.

Are you possibly in a magistrate court?

I am in a magistrate court and answered the summon and had requested discovery of documents. The jdb quickly explained to me that they didn't have to but sent me no contractual evidence and a copy of the terms and conditions with not one shred of evidence that I entered into this agreement. They did send something they downloaded off the computer in January that had my name and something saying it was charged off. What should I do or is there anything I can do if this truly is not my debt?

Is there anyplace I can find the rules for magistrate courts in Georgia since they, obviously, differ?

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