No contract or agreement was attached to summons/complaint

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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.




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.

Sub: #1 posted on Sat, 03/05/2011 - 23:48

goldenbast goldenbast
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Thank you, golden.

Sub: #2 posted on Mon, 03/07/2011 - 00:24

sued-in-GA sued-in-GA

(Posts: 14 | Credits: 3.01)

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