Legal Question in Real Estate Law in Georgia

I was just served papers about a house i lost 3 years ago. The wording on the summons has lost me and i would like some help. Not sure what all is needed and if anyone would like to help just let me know what you need to know. this is what has me lost it says the complaint is, " Complaint for Declaratory Judgment and Equitable Relief" Not sure what that means and really cant find anything online for this. the summons says this also. "You are hereby summoned and required to file with the clerk of said court and server upon the plaintiffs attorney (then it has a name and number) an answer to the complaint which is herewith servers upon you. within 30 days after this service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint" not sure what that means either. thanks for your help.


Asked on 8/16/11, 5:46 pm

3 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

You need to hire an attorney ASAP. The title of the complaint does not mean much; it is the substance of the claims that matters. Further, the summons simply requires you to file an answer and certain motions, if any, within 30 days of service on you of the complaint.

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Answered on 8/16/11, 5:58 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Paraphrased, it means "Get a Lawyer" well in advance of the expiration of the 30 days or you will lose the case. You chose not to tell us what the complaint is actually about, since you obviously would know based on who sued you and the facts stated in the complaint, but either way if you don't understand the basics of a summons and complaint, you have no chance when it comes to the difficult issues. Get a lawyer.

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Answered on 8/16/11, 5:59 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

While no one here has read the suit, you have been sued. You have a legal emergency. See a lawyer immediately to determine if you have defenses, what you are at risk for, and also to see if you have any rights to counterclaims. Do NOT delay and do NOT answer yourself.

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Answered on 8/16/11, 5:59 pm


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