Alpharetta, GA asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Georgia

Q: What to file for fraudulent SERVICE to allow to counterclaim on SMALL CLAIMS case (6/28) scheduled for default on 12/26?

Small claims case is scheduled for default hearing on 12/26, AFFIDAVIT OF SERVICE filed 07/01 appears to be fraudulent. What to file to remove default and allow to counterclaim? Defendant learned about the case after 30+15 days ellapsed, filed on 10/16 Opposition to "Request for Default Judgement" for Failure to serve and on 10/24 Motion for Emergency Special Set Hearing. Both seemed to be ignored, on 11/14 Default hearing scheduled for 12/26. (Suspect Plaintiff to accept service in place of Defendant.) AFFIDAVIT OF SERVICE shows swearing to service (6/28) before the alleged service performed (6/29). Case is filed on 6/28 4:42PM. (Plaintiff chose to pay to private server 2.5 times the amount of service offered by the court.) Plaintiff knew Defendant's absense and had access to the Defendant's house. Never requested a mailing address. Case is weak on merits, but causing substancial ongoing damage to Defendant to the day beyond $15000 allowed in small claims, will settle for $15000.

1 Lawyer Answer
Priscilla T. Upshaw
Priscilla T. Upshaw
  • Powder Springs, GA
  • Licensed in Georgia

A: You need to contact an attorney As Soon As Possible. More information is needed to provide you with an accurate answer. There are defenses available to you.

We are glad to assist you. Contact us today. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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