Thirty days (30) is a magic number

In Georgia, thirty days is a magic number in the legal world, and one that you should always be aware of. For example, a person must send the debt validation letter within 30 days. The debt collector has 30 days to respond to that letter.

If you are sued in Magistrate, State, or Superior Court, you have 30 days to file an answer. The clock begins on the date you were served NOT the date the lawsuit is filed.

Just remember, if you do not know if a 30-day deadline applies to you, it is always better to ask than to ignore.

And when in doubt, you can always call an attorney. Most attorneys will be happy to advise you of deadlines simply because those deadlines, in some cases, can cause major consequences.

Where?

In Georgia, debt defense lawsuits can be filed in three different courts: Magistrate Court, State Court, and Superior Court.

Magistrate Courts are small claims courts. This means that the company suing you cannot be suing you for more than $15,000.00. If you are served with a lawsuit the very top line of the piece of paper will say “In the Magistrate Court of (Name of County) County”.

Also, in Georgia’s Magistrate Courts, the Company files a “Statement of Claim” which is this court’s form of a Complaint. Sometimes the company will include a Complaint on the back with more detailed and numbered paragraphs. Some things you should know about magistrate court are that there are no juries in magistrate court. At a hearing you will have a judge deciding the case. Also, there is no discovery.

Discovery is a tool where you can ask questions and ask for copies of documents from the other party. (Meaning the company that sued you.) If you think that discovery is something that can help your case, please call an attorney and ask.

State Courts and Superior Courts are the other courts where your case may be filed. Both courts allow you to have jury trials and send discovery. If the company suing you alleges you owe more than $15,000.00, then that company is required to file the lawsuit in one of these two courts.

If you are served with anything from magistrate, state or superior court, you must file an answer within 30 days from the date that you were served. There are exceptions, but, it is better to contact an attorney as early as possible. Alternatively, you may file an answer on your own behalf.

Generally, try and deny as much as you can. The company must prove that it owns the debt. There are specific rules on how a company can do that. If you are sent discovery requests, make sure you respond within 30 days. If you don’t, then the Court can decide that your answer to all the questions is “yes” or “admitted”, and you may lose the case.

If you have any questions, please contact an attorney.

If you decide to answer on your own behalf, you may do so by going to the county where the lawsuit is filed. The clerk’s office will have a form titled “Answer” that you can fill out.

However, county clerks are not attorneys and cannot provide you with any legal advice on what you need to say or do. If you have questions on that, you need to call a lawyer.

Why?

Debt collection is embarrassing. As Americans, we take pride in hard work, and being wholly independent. It is celebrated within our culture to be self-sufficient. So, when an unforeseeable financial crisis occurs (think 2007-2009), people typically tend to want to look inward upon themselves, and do not ask for help.

Being incapable of paying bills can be embarrassing, even humiliating. Incessant phone calls from debt collectors not only are annoying, but are constant reminders that something did not work out right, either professionally or personally. That feeling is powerful, and people react in a variety of ways. But, it is not your fault. This feeling, and this moment is life. It is what happens. Whether we take risks to start businesses, or took a chance on a new employment opportunity, or saw an investment opportunity in real estate, etc.; these are not reasons to blame yourself when things do not work out as you hoped.

And there is help.

And you can afford help.

You can afford an attorney to go to court on your behalf and stand up to those debt collectors suing you. There may even be a possibility that not only you don’t owe them any money, but they might owe you money. And why shouldn’t you find out? What do you have to lose?

These debt collection companies take advantage of people just like you, to the tune of billions of dollars each year. These companies hope that when they send a letter or make a phone call, that you will just pay them to go away. Or, if they file a lawsuit and serve you, that you try to ignore the lawsuit thinking that if you don’t respond it will go away. Why do these companies hope for that reaction? Because then, they don’t have to prove anything to the judge.

In Georgia, failure to file an answer to a lawsuit will cause all the allegations to be “deemed admitted.” This basically allows for the companies to automatically get what they are asking for without having to prove anything to the courts – even if you have a full defense to the lawsuit and shouldn’t pay the company any money. The judges are not allowed to look at the lawsuit and argue the law for you. That is your responsibility. If you are 51% more credible than the other side, you win.

So, please whatever you do, do not ignore a lawsuit. The consequences are not worth it in the long run. If you own a bank account, real estate, or earn a paycheck, then you will receive notice that the debt collector is garnishing your wages, or filing a lien on your house, or freezes your bank account.

Again, you can get relief from this, however the chances are infinitely smaller and harder, and much more expensive once it gets to that stage to undo the judgment and allow someone to “have their day in Court.”