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Question about validity of a suit filed on us by Portfolio Recovery Associates.  They sent to litigation of attorney in Snellville.  Looking at summons served (and after investigating via social media, etc), it appears that the attorney who filed the suit and signed the statement of claim had the statement notarized by a notary who happens to be his wife.  Is this really legal in Georgia?  I thought if you were a notary you could not notarize for a spouse or family member if it were for something in which financial gain was to be made.  In this case the attorney would be collecting the amount of $745.00 plus "legal fees" of an undisclosed amount.  I have not prepared the answer to send back to the magistrate yet, but curious as to what I should write on it if I believe the attorney is really just trying to collect by thinking I won't show for court and he would win by default.  Also, we've only received 2 notices prior that the account was sold and being collected upon by PRA; however, our phone has been "blown up" with calls from various numbers which when googled all point to PRA.  Please advise.  Thank you.

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5 hours ago, pampam1965 said:

In this case the attorney would be collecting the amount of $745.00 plus "legal fees" of an undisclosed amount.

If she is an employee of the law firm then she can notarize documents for them.  What she cannot do is authenticate documents for PRA or the original creditor.  I would attack the credibility of her, the lawyer/husband, and the affidavit at trial on that basis.

5 hours ago, pampam1965 said:

I have not prepared the answer to send back to the magistrate yet, but curious as to what I should write on it if I believe the attorney is really just trying to collect by thinking I won't show for court and he would win by default.

They ALL hope they will collect on the easy default judgment.  Don't do it.  Not to mention Magistrate Court has a preprinted answer form where you just check off "deny" and they give you a date.  Unlike other states you do not need a formal answer in GA Magistrate Court.

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