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This will be for magistrate court in Georgia. I know they don't allow discovery, so how are you supposed to address an improper chain of custody?

Can you at the end of the affirmative defenses put in a paragraph stating this?

Or should you not mention it in your answers or affirmative defenses and just file a motion to strike their "assignment of accounts"?

Edited by Linda7
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Also, another question - if a suit is brought on the grounds of "other/contract" and they don't attach a contract . . . shouldn't that be addressed and if so, again without discovery as an option . . . what can you do? :shock:

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Also, another question - if a suit is brought on the grounds of "other/contract" and they don't attach a contract . . . shouldn't that be addressed and if so, again without discovery as an option . . . what can you do? :shock:

Makes no sense to me. I guess I can sue anybody for just about anything and not provide any proof in doing so.

Check your county clerks office for rules/procedures. If they have to prove that they properly served you they, at some point, have to prove you own the debt.

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Bumping up . . .

At the end of the affirmative defenses, can you add an additional paragraph to kind of sum things up and point out the defect in the bill of sale or how would you do this?

I'd use as an affirmative defense the fact that the Plaintiff has failed to produce authenticated evidence of a bill of sale from the Plaintiff to the Defendant specifically citing the Defendant's name and alleged account number. If there were other sales of the debt I would demand the entire chain of custody.

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