Can I file for Dismissal?

[baps]

What is the name of your state (only U.S. law)? GA

I was seved with a lawsuit in 11/09 and I disputed the claim. I also requested the agreement, assigment authorizing assignee to collect on this debt, and itemized listing of charges claimed owed.

Instead of providing the documents (ie agreements). I was served with Request for Prod. of Documents, First Interrogatories, and Admission of Fact.

Can I file for a dismissal since the Plantiff has failed to provide any proof that I owe this debt after 2 requests. If so what rule can I reference in the motion to dismiss? Does Rules 6 of the Civil Code since there was no documents attached to complaint or provided after request?

This account has been sold twice but I don't know my rights and cant afford a lawyer.

Please help?!?!?!

 

[GaAtty]

GaAtty

You really should post this under debt collection or civil litigation. It is absolutely not a civil rights matter. You are confusing a lawsuit with a collection letter. If you receive a collection letter, that is when you could have disputed the claim and demanded a copy of the debt and the other documents you asked for. You are already past that point, because they filed the lawsuit. You can file your own request for production of documents from them and ask for the documents that you want, but that will not stop the lawsuit. You need an attorney very soon, because your time limit on obtaining any documents will be over 6 months from the date you were served with the lawsuit. You also had time limits to respond to their interrogatories and req. for production. You really need an attorney, and if you can't afford one, Georgia has Georgia Legal Services (legal aid) all over the state. They can help you.