smh-mom

Post Judgement Interrogatory-Mom made a pmt arrangement already

Recommended Posts

My mom received a Plaintiff's Post Judgement Interrogatories to Defendent filing. I have been grateful for this site as it's helped me answer some of the questions.

 

It's from Discover Bank and she told me that she had an account with them back in the 90's. The filing freaked her out and she called the debt collector and made a payment arrangement. My questions are:

 

1) Can she object to all the questions asked in the interrogatory since she didn't force them to prove the debt?

 

2)Can we still force them to prove the debt? How?

 

3)If it's from the 90's and the SOL is 4-6 years here in GA, can they still sue her like this?

 

4) How do I object to them asking for her full name address, employement, accoutns receivable, personal property, etc?

 

She is really nervous and I want to avoid the expense of a lawyer if possible.

 

Thanks for any assistance and advice!

  • Like 1
Link to post
Share on other sites

Sounds like your mom had a default judgement against her.Under Georgia law, a judgment is valid for seven years, and it can be renewed.Civil Code of Georgia, Section 9-12-60. So, the bank has a total of 14 years to collect, if they renew the lien before it expires.Is this from frederick j hanna and assoc.

(678) 636-9406 · Jillian@JillianSheridan.com · www.JillianSheridan.com

Contact her and see if she can help.

http://law.justia.com/codes/georgia/2010/title-9/chapter-12/e/9-12-60/

https://docs.google.com/viewer?a=v&q=cache:jV18jIp_pQ0J:www.georgiacourts.org/councils/magistrate/public forms/mag 14-03 directions for post-judgment interrogatories.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShbNsNKaTtRWnmGSi_8MOhUN82vIV0nf-dboCMUr-ya9W1fE482Ch_SWr2j8-h5a0ZPm5sXb_zzsqD-NHpZn3xWUVTNaTAXEyjAxJ3t4gn0CBAVFzehM-d3C1Rs6GPFDt4J3Nes&sig=AHIEtbS3KX5u5izn1qXbjamBhCKtzXA91g

 

http://www.creditinfocenter.com/community/topic/314171-answering-post-judgment-interrogatories-from-discover-in-ga/

http://ga-athensclarkecounty.civicplus.com/index.aspx?NID=710

Failure of the Defendant to Answer

Once the defendant is properly served with the interrogatories, the defendant has 30 days to answer. If the defendant fails to answer, the plaintiff may request the judge to hold the defendant in contempt for failure to answer.

  • Like 1
Link to post
Share on other sites

15-10-43 Statement of claim - answer - default judgment.

(a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim and the address at which the plaintiff desires to receive the notice of hearing.

( B ) A copy of the verified statement of claim shall be served on the defendant personally, or by leaving a copy thereof at the defendant's dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the claim to an agent authorized by appointment or by law to receive service of process, and such service shall be sufficient. Service of said process shall be made within the county as provided in this Code section. Service outside the county shall be by second original as provided in Code Section 9-10-72. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a constable, or by any person sui juris who is not a party to, or otherwise interested in, the action, who is specially appointed by the judge of said court for that purpose. When the claim and notice are served by a private individual, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.

© An answer to the claim must be filed with the court or orally presented to the judge or clerk of the court within 30 days after service of the statement of claim on the defendant to avoid a default. The answer shall be in concise form and free from technical requirements, but must admit or deny the claim of the plaintiff. The answer shall contain the address at which the defendant desires to receive the notice of hearing. If the answer is presented to the judge or clerk orally, the judge or clerk shall reduce the answer to writing. A copy of the answer shall be forwarded to the plaintiff and defendant with the notice of hearing. If an answer is timely filed or presented, the court shall within ten days of filing or presentation of the answer notify the defendant and the plaintiff of the calling of a hearing on the claim. The notice shall include the date, hour, and location of the hearing, which date shall be not less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plaintiff and the defendant by mail or personal service to the address given by the plaintiff at the time he or she files his or her claim and the address given by the defendant at the time he or she files or presents his or her answer. The date of mailing shall be the date the notice is given. The clerk shall enter a certificate of service.

(d) Upon failure of the defendant to answer the claim within 30 days after service of the statement of claim, the defendant shall be in default. The defaulting party may open the default upon filing an answer and upon payment of costs within 15 days of default. If the defendant is still in default after the expiration of 15 days after the answer is due, the plaintiff shall be entitled to a default judgment without further proof if the claim is for liquidated damages. When the claim is for unliquidated damages, the plaintiff must offer proof of the damage amount. Separate notice of the date and time of the unliquidated damages hearing shall be sent to the defendant at his or her service address. The defendant shall be allowed to submit evidence at that hearing on the issue of the amount of damage only.

(e)(1) When a hearing is scheduled pursuant to subsection © of this Code section, upon failure of the defendant to appear for the hearing, the plaintiff shall be entitled to have the defendant's answer stricken and a default judgment entered; provided, however, that no default judgment shall be granted if the defendant appears at trial through counsel. If the claim is for liquidated damages, the plaintiff shall be entitled to take a judgment in the amount set forth in the complaint without further proof. If the claim is for unliquidated damages, the plaintiff shall proceed to prove his or her damages and take judgment in an amount determined by the judge.

(2) When a hearing is scheduled pursuant to subsection (d) of this Code section, upon failure of the defendant to appear, the plaintiff shall be entitled to submit proof of the damages and take judgment in an amount determined by the judge.

(3) If the plaintiff fails to appear for a hearing scheduled pursuant to either subsection © or (d) of this Code section, the court on motion of the defendant, or on its own motion, may dismiss the plaintiff's complaint, with or without prejudice, in the discretion of the court.

(f) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.

(g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments pursuant to this Code section in the magistrate court shall be by filing a written motion which sets forth the issues with reasonable specificity. The procedure shall then be the same as in other cases except the court may assess costs as seem just.

(h) A complaint in equity to set aside a judgment of the magistrate court may be brought under the same circumstances as a complaint to set aside a judgment in a court of record.

(i) Nothing in this chapter shall be construed to prohibit an employee of any corporation or other legal entity from representing the corporation or legal entity before the magistrate court.

Link to post
Share on other sites

Sounds like your mom had a default judgement against her.Under Georgia law, a judgment is valid for seven years, and it can be renewed.Civil Code of Georgia, Section 9-12-60. So, the bank has a total of 14 years to collect, if they renew the lien before it expires.Is this from frederick j hanna and assoc.

(678) 636-9406 · Jillian@JillianSheridan.com · www.JillianSheridan.com

Contact her and see if she can help.

http://law.justia.com/codes/georgia/2010/title-9/chapter-12/e/9-12-60/

https://docs.google.com/viewer?a=v&q=cache:jV18jIp_pQ0J:www.georgiacourts.org/councils/magistrate/public forms/mag 14-03 directions for post-judgment interrogatories.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShbNsNKaTtRWnmGSi_8MOhUN82vIV0nf-dboCMUr-ya9W1fE482Ch_SWr2j8-h5a0ZPm5sXb_zzsqD-NHpZn3xWUVTNaTAXEyjAxJ3t4gn0CBAVFzehM-d3C1Rs6GPFDt4J3Nes&sig=AHIEtbS3KX5u5izn1qXbjamBhCKtzXA91g

 

http://www.creditinfocenter.com/community/topic/314171-answering-post-judgment-interrogatories-from-discover-in-ga/

http://ga-athensclarkecounty.civicplus.com/index.aspx?NID=710

Failure of the Defendant to Answer

Once the defendant is properly served with the interrogatories, the defendant has 30 days to answer. If the defendant fails to answer, the plaintiff may request the judge to hold the defendant in contempt for failure to answer.

It's from Craig R. Goodman Law Offices, LLP

 

I looked at credit report about two years ago and Discover was not on there. I will do that. Thank you.

Link to post
Share on other sites

The court will have a record of this, go there and see the clerk, ask for a copy of the file. Most likely she was sued and never responded, lost, and now they have a legally enforceable judgment against her. It's rather difficult to undo this.  You need a very good reason, like she was not ever properly served and didn't know about the lawsuit.

Link to post
Share on other sites

I would assume also that she is elderly. You might be able to get it vacated based on the fact that she was not in control of her faculties and they took advantage of her. Possibly even sewer service to get the judgment. Does she own anything, on SSI, judgment proof? If so, I would maybe ignore them. They may try to scare her into paying, that's where you will have to intervene.

Link to post
Share on other sites

The court will have a record of this, go there and see the clerk, ask for a copy of the file. Most likely she was sued and never responded, lost, and now they have a legally enforceable judgment against her. It's rather difficult to undo this.  You need a very good reason, like she was not ever properly served and didn't know about the lawsuit.

 

I'll have to ck the court. I don't think she was ever served or she would have told me. 

I would assume also that she is elderly. You might be able to get it vacated based on the fact that she was not in control of her faculties and they took advantage of her. Possibly even sewer service to get the judgment. Does she own anything, on SSI, judgment proof? If so, I would maybe ignore them. They may try to scare her into paying, that's where you will have to intervene.

She is on SSI, doesn't own anything. Elderly but not at a loss of faculties. 

Link to post
Share on other sites

Then they have nothing they can get from her. I would think she should just ignore them. Others may have a different opinion. The old saying, "You can't get blood out of a turnip". Just make sure she stays off the phone with them and don't give them another dime.

  • Like 1
Link to post
Share on other sites
Guest
This topic is now closed to further replies.