Cairo, GA asked in Small Claims for Georgia

Q: I lived with a man He paid off my car no mention of repayment. I thought it was a gift. What kind of lawyer do I need

The reason I moved out my daughter found out some bad news on the internet and made me leave him. I had already made up my mind to leave but he gets violent so easily I was afraid of him.The small claims was filed in crossville tn I live in Cairo Ga. Where will court be held

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Cary, NC
  • Licensed in Georgia

A: Small claims will be held in Grady County in Cairo.

You need to file an answer within 30 days after you received the summons and complaint/statement of claim.

Here is the answer form:

http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2010-

13%20answer%20counterclaim%20of%20defendant.pdf

If that link does not work try: http://www.georgiacourts.org/councils/magistrate/forms.html

and select mag-10-13 form.

Your defense is that this was a gift. If the judge does not buy it, then you can see if you can get favorable repayment terms (called a consent judgment - court should have the forms) and it should say that you promise to repay at an amount (generally 1% - 4% of the judgment) per month until the judgment is repaid and that the plaintiff promises not to garnish your wages or seize other assets or your bank account while you are making payments.

If you can afford a lawyer then skip the above forms and get a general civil litigation/debt collection lawyer. Again, your defense sounds like this was a gift - gift is a gift, not a loan. Gifts don't have to be repaid.

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