Georgia  |  Credit and Debt Law

Legal Question

Asked on: 5/17/13, 12:36 pm

I am being sued for a credit card debt that is not mine. I received several letters from various attorneys notifying me that I was being sued and offering to help me file bankruptcy. I chose not to. The sheriff tried to serve me twice when I was not home. On the third time my sister, who does live with me, got the papers while I was out of town. When I returned, my sister did not tell me about the papers. About a month ago I received a letter from the court saying that the plaintiffs motion for default judgment was denied and ordering me to appear for trial. At the hearing the attorney offered a settlement, which I refused because I knew that I could win on the merit of the case and believed that I would be able to present a case. The hearing was simply a default judgment hearing to establish damages. The judge called the plaintiff's attorney forward without calling me apparently due to the fact that because it was a default case, she assumed I was not there. The plaintiff's attorney stated that he did not have any evidence and that he needed more time. The judge granted a continuance for thirty days. If I had been able to speak I would have opposed this. I know that I can win if able to present a case. Would the law allow me to get the default judgment thrown out, and present my case as if the time for an answer had not expired since I did not get the paperwork from my sister? I believe she would be willing to testify if needed.

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

125 Answers given in the last few hours.

8663 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search