DebtConsolidationCare [A+ on BBB] Logo
DebtConsolidationCare Forums
Discuss your problems and get out of debt
Get honest and blunt feedback on your debt issues from Experts for FREE
For Free Debt Counseling: Call 800-DEBT-913 or

No contract or agreement was attached to summons/complaint

member profile picture
Posts: 14
Credits: 300.8

I got a summons / Complaint on Contract plus Plaintiff's Request for Admissions to Defendant from lawyers of EQU&BLE A553NT a few days ago. They are a junk debt buyer. No contract, or any document for that matter was attached. Is anyone here familiar with court rules in Georgia?

My question is, can I file a Motion to Dismiss in Lieu of an Answer since they failed to even include a contract or agreement with the complaint? Or should I just file the usual answers and then ask for it in discovery?

Thanks in advance for any help.


Debt Samaritan
Posts: 2885
Credits: 38049.53595291

Sub: #1 You need to answer before you file any motions. Do not file a m
Sat, 03/05/2011 - 23:48

You need to answer before you file any motions. Do not file a motion to dismiss just yet...first answer the summons and during discovery ask for all documentation such as signed contract/agreement, last statement, proof they are the correct entity to collect....etc.

If they ignore you or send you anything else, then you can either file a motion to compel, or file to dismiss due to lack of evidence.

Posts: 14
Credits: 300.8

Sub: #2 Thank you, golden.
Mon, 03/07/2011 - 00:24

Thank you, golden.

Add new comment

More information
  • Files must be less than 2 MB.
  • Allowed file types: txt pdf jpg jpeg png.
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.

Share post

Page loaded in 0.999 seconds.