The Anatomy of Georgia Credit Card Lawsuits
Up to this point I’ve written about some specific, narrow aspects of credit card lawsuits in Georgia. I have discussed the 30-day deadline for answering a Complaint in a credit card lawsuit. I have described the three types of courts that end up hearing credit card lawsuits in Georgia. I have also outlined the 3 basic stages of a credit card lawsuit in Georgia.
In this post I will discuss the anatomy of a Georgia credit card lawsuit. I will do this by discussing three things I look for first in any credit card lawsuit I handle.
...The three basic stages of a credit card lawsuit
Georgia credit card lawsuits go through three basic stages
Every Georgia credit card lawsuit has three basic stages:
- Pleadings.
- Discovery and Motions.
- Trial.
Not all credit card lawsuits make it to each of these stages. If a defendant never files an answer, or a plaintiff does not file a proper complaint, then the lawsuit may die at the pleading stage. Discovery may also result in the lawsuit dying before it gets to trial. One of the parties may not respond, or the evidence uncovered during discovery may lead to a successful motion for summary judgment. Finally, trial...
The three types of courts that hear credit card lawsuits in Georgia
This post is intended to provide a brief introduction to the court system in Georgia. This is not a comprehensive overview. Further, this introduction to the Georgia court system is geared towards credit card lawsuits.
The three different types of trial courts
There are three different types of trial courts in Georgia—Magistrate Court, State Court, and Superior Court.
There are other courts as well, however. For example, every Georgia county has a Probate Court. Many cities have a municipal court. Some counties have what is called a Recorder’s Court.
Credit card lawsuits are not generally filed in these courts....
Deadlines for answering a Georgia credit card lawsuit
30-Day Deadline to File Your Answer
You have 30 days to file what is called an Answer once you have been served with a lawsuit in Georgia. If the 30-day period ends on a weekend or holiday, then you must file your Answer on the next day court is open.
File Your Answer With the Court By Giving It to the Clerk
When you respond within the 30-day deadline you must file your Answer with the court. You do this by giving the original document to the clerk of the court where the lawsuit was filed.
You can...
Defending against credit card lawsuits
Debtors Have Rights Too
I represent people who have been sued over credit card debt. These lawsuits may be by the original credit card or a third-party debt collector.
People sued over debt deserve to be protected by the law just as much as the creditors suing them for unpaid bills. Unfortunately, I often see people fail to respond to lawsuits or not understand how the court process works.
If you have been sued by a credit card or a third-party debt collector, learn more about why it is important to speak with an experienced credit card lawsuit...