Amended Complaint

We don't mind reading long posts especially if it is full of pertinent information, so write away!

Ok....all those statements is all fine and good, but did you get a final statement that shows the same amount they claim you owe? Also the credit card agreement is worthless if it is not signed by you. The bill of sale is also worthless if it doesn't list which accounts they bought. Did they send you everything you asked for in discovery? Did they try to pass off any affidavits?

As for refiling a response..I am not sure...ask the county clerk. BUT you should file a motion to dismiss based on lack of evidence stating that they have not produced any contract/agreement that shows you had the account (or that they could even tack on any interest, fees, etc.) If the amounts are wrong, you can base it on that as well.

basically to all 9 interrogatories I submitted they stated still in the process of gathering evidence or either that information sought was equally available to defendant or already in possession of defendant. also stated that in GA a signed contract need not exsist.

On my requests for documents they sent nothing but objections the first time then sent the statements about 6 months later. On their revised list for production of documents signed by defendant or plaintiff, copies of all documents to constitute a contract, copies of complete payment history starting with original creditor, statements of all purchases on this account, itemized report of all charges and how fees and amounts claimed owed were determined, documents that would support their claim or contention asserted by complaint they said to see statements enclosed. Then for all documents showing complete chain of custody they sent a bill of said saying that a group of accounts had been bought but nothing with my name or account number specifically.

And another this is that the statements don't match the amount they claim I owe on either one of their complaints. The first one or the amended one. It's like they just picked an amount to sue for.

I never heard that in GA you need not have a contract...make them prove that in court because it sounds silly to me.....you need a contract to show you actually HAD that service! Some of that stuff they may be able to wiggle out of, but the agreement/contract is important to establish that the account is in fact yours and that they can charge extras to it....the final statement to show the final balance owed and again, something that shows they purchased YOUR account..having a bill of sale for a group of accounts with no mention of what accounts or from whom is pretty worthless.

You can either file a motion to compel, or you can file a motion to dismiss based on the fact they failed to state a claim since they could not produce one shred of evidence, and what they did provide doesn't match what they are asking for.