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Mr-E · Sep 18, 2007, 06:07 PM

I read the question, titled "Judgement Papers Served in Georgia", posted by "Claddagh" My situation is similar. As the title says, I have been served papers for state court.

Details: My daughter purchased a car through the simple "retail installment contract". I had been cornered into co-signing the contract (Oct 2001). My daughter's husband lost his job near the end of 2002 and since neither my daughter nor I could make payments, the car was let go. The repossession firm collected the car in Feb 2003 since the contract was in default.

Several debt collection agencies attempted to collect, however none of them could establish what exactly the debt was. Each agency had a different amount stated as the debt.

Now it is Sep 2007 and a debt collection agency has filed papers in state court.

Question: does the original "Retail Installment Contract" fall under Title 11 Article 2 Section 725 of Georgia state law? Or would it fall under Title 9 article 3 Section 24 of Georgia state law?

At this time, I have 2 weeks to file with the state court.

Mr-E · Aug 17, 2010, 05:32 AM

An Update for all: Won the case in court. A tip: A good lawyer is essential to winning. Make sure the case dismissal is "with prejudice" and the suer agrees in writing. Be cautious and read the reply by the suer. Make sure it states that the case was "dismissed with prejudice". See your lawyer if necessary. Hang onto that paper for a very long time. It will prevent a double jeopardy situation. Winning a case does not make the debt go away.