No contract or agreement was attached to summons/complaint
Date: Fri, 03/04/2011 - 06:01
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.
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 m
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.
