Legal Question in Credit and Debt Law in Georgia

Your post is not very clear, but if you are under the impression that a charge off means you no longer owe the debt, you are wrong.

Your post is completely incoherent, which spells disaster for you in court. You should have already gotten legal counsel, and although it could be too late, see one now.

The fact that you do not even understand "charged off" says how over your head you are. Charged off does NOT mean you don't owe the debt. It is a very derrogatory entry that means that you are considered a deadbeat and the creditor is unsure if they will collect.

You should see a lawyer to determine if you have any valid defenses (it sounds like you do not, and you may have also missed a chance to raise them). If not, you may also want to consider bankruptcy.

There is no such thing as "Leave of Court" and you don't get evidence in a case by requesting validation.

Again, see a lawyer immediately.

I am not sure what you are asking. I have known people who represent themselves. Sometimes they do a very good job, but more often they don't. I don't know what a chargeoff on your credit report has to do with a debt. A chargeoff is an accounting term. It means that the credit card company gave up and basically wrote off the debt on its taxes. It does not mean that you don't owe the money and it is not a legal defense.

I do not understand about "leave of court." Are you trying to amend your answer again? If so, see OCGA � 9-11-15. Amended and supplemental pleadings

(a) Amendments. A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. Thereafter the party may amend his pleading only by leave of court or by written consent of the adverse party. Leave shall be freely given when justice so requires. A party may plead or move in response to an amended pleading and, when required by an order of the court, shall plead within 15 days after service of the amended pleading, unless the court otherwise orders.

(b) Amendments to conform to the evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of the evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

(c) Relation back of amendments. Whenever the claim or defense asserted in the amended pleading arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back to the date of the original pleadings if the foregoing provisions are satisfied, and if within the period provided by law for commencing the action against him the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.

(d) Supplemental pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.

Attorney Ashman is right. Once a lawsuit is filed, you do not request validation of the debt as you would under the Fair Debt Collection Practices Act. Instead, after you file an answer, the parties engage in discovery. That means that you get to ask written questions (interrogatories), take their deposition (oral), ask them to produce documents or ask them to admit or deny certain facts (request for admissions). They get to do the same of you.

If this is your debt, settlement or bankruptcy is the best option unless you have a valid defense, like the statute of limitations (which is 6 years in Georgia). Otherwise, you may be just spinning your wheels as they will get a judgment against you.