Help filing an answer to a complaint in GA?

Question

I am trying to write an answer to a summons/complaint from a collection company, and in all of the samples I have seen in the "answers" section there are 3 options, to admit, deny, or deny based on lack of knowledge. There are also sections for defenses, counter claims, and a request to dismiss the case. In my case, I admit I owe the money and I want to settle. So what do I do with all of those sections? I don't deny any of the claims they make, I don't have any defenses, and I don't have any counterclaims. Do I include the sections but leave them blank? Leave them out all together? The samples I have seen are from states other than my own, does it matter how they are formatted from state to state? I am in SE Georgia and have been getting most of my information from this website: http://whychat.5u.com/definst.html

Answer 1

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Q: "Help filing an answer to a complaint in GA? I am trying to write an answer to a summons/complaint from a collection company, and in all of the samples I have seen in the "answers" section there are 3 options, to admit, deny, or deny based on lack of knowledge. There are also sections for defenses, counter claims, and a request to dismiss the case. In my case, I admit I owe the money and I want to settle. So what do I do with all of those sections? I don't deny any of the claims they make, I don't have any defenses, and I don't have any counterclaims. Do I include the sections but leave them blank? Leave them out all together? The samples I have seen are from states other than my own, does it matter how they are formatted from state to state? I am in SE Georgia and have been getting most of my information from this website: http://whychat.5u.com/definst.html"

A: There is no quick answer to your question.

Settlements are generally handled out of court.  If you know you owe the specific amount of money that the plaintiff is seeking, then your admission of that to the court will result in a judgment in the plaintiff's favor.  The court might even get a little peeved that you admit you owe the money but refuse to pay it.  (If you can't pay it because of insolvency then you file bankruptcy.)  The court does not force settlements on parties-- especially not when it's a simple money judgment on a debt.

So, you should contact the collection company and make an offer to pay-- payments or some mutually agreeable lump sum.  Make sure any phone conversation is followed up with a memorialization of the conversation in writing.  (Write them a letter about what was discussed and the conclusion of the discussion.)  Get the payment agreement in writing.  Also, get the settlement agreement in writing.  

But don't be surprised if they don't take your offer.  You knew all along you owed the money but didn't pay-- and they've already gone into court to get it.  They might only be satisfied now with a judgment against you.

If you do settle, then you would not file an answer but instead file a Motion to Dismiss stating that you have made a settlement-- and including as an exhibit a copy of the settlement agreement.  (Use the form you have and fill in the section where you request the case to be dismissed.)  Since you are representing yourself ("pro se") the court should allow you some leeway in your wording.

You should go to any scheduled hearings or court dates about which you have been given notice to make sure the collection company doesn't try to pull a fast one on you.  Bring all the documentation you have to show that you made a deal with them and settled out of court.

If no settlement agreement is reached you could possibly admit that you owe the money but that where you have attempted to make payments on it a judgment should not be entered against you for the full amount.  ("Admit" in the appropriate section and then in the section for counterclaims say that you shouldn't have to pay in full because you have been making-- or attempting to make-- payments.)  This is unlikely to work though-- since you probably agreed to make full payment on the debt if you defaulted on the terms of the promissory note.

If you make payment before your time to file an answer is up-- a good idea where it seems like you'll have a judgment entered against you-- then you'd file to have the case dismissed because you paid the debt.  (Include a copy of the money order or cancelled check to show the form and amount of payment.)

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]