[creditwrench newsletter] Re: Debt Collection Discovery Requests

Make sure the rules of law were followed as listed below.

 

9-10-94. Service.

A person subject to the jurisdiction of the courts of the state under Code Section 9-10-91, or his executor or administrator, may be served with a summons outside the state in the same manner as service is made within the state by any person authorized to make service by the laws of the state, territory, possession, or country in which service is made or by any duly qualified attorney, solicitor, barrister, or the equivalent in such jurisdiction. (Ga. L. 1966, p. 343, § 3.)

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9-11-4. Process.

Summons – Issuance.

Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service. Upon request of the plaintiff separate or additional summons shall issue against any defendants.

Summons – Form.

The summons shall be signed by the clerk; contain the name of the court and county and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address; and state the time within which this chapter requires the defendant to appear and file appropriate defensive pleadings with the clerk of the court, and shall notify the defendant that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint.

Summons – By whom served.

Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the United States specially appointed by the court for that purpose or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.

Summons – Personal service.

In all other cases to the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

Return.

The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process. Proof of service shall be as follows:

• If served by a sheriff or marshal, or his deputy, the affidavit or certificate of the sheriff, marshal, or deputy;
• If by any other proper person, his affidavit thereof;
• In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or
• The written admission or acknowledgment of service by the defendant. In case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service.

On Wed, Oct 8, 2008 at 12:28 PM, Replevin <AR.Consults@gmail.com> wrote:

Hello,

I received a summons in July from a law office. I answered the summons
within the 30 days allowed in GA.

On September 16th I received a Plantiff's Discovery Request packet
dated for September 9th. On September 24 I receieved a letter from the
law office  dated September 8th stating they had received my filed
answers and they wanted to discuss the matter in further detail; and
that their client does not wish to cause me any unnecessary
inconvenience.

My question is do I have to answer the original Plaintiff's Discovery
Request and which date do I use to calculate the 30 days stated in the
Plaintiff's Discovery Request for my response to the interrogatories,
request for admission and request to produce documents?

Thank you and this forum is great. As my schedule changes I plan to
meet you all on the Friday teleconferences.
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