'Answer and Counter Claim 'Attorney letter

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Latest post 11-15-2009 1:03 AM by Taxagent. 3 replies.
  • 11-14-2009 7:11 PM

    • zaki73
      Consumer
    • Not Ranked
    • Joined on 11-14-2009
    • GA
    • Posts 2

    'Answer and Counter Claim 'Attorney letter

    I have submitted a small claim against my past apartment company management because they did not return my $500 deposit. So I wonder if you could help me with some advice. So here is my story!

     

    I live in Georgia and my lease ended on August 30th. I cleaned the apartment and handed my keys. The staff there told me that the manager will check the apartment for any damages and get back to me. I know, stupidly I did not force them to walk the apartment with me – a lesson learned. On September 17 I receive a letter from the apartment management saying I owe them $500 because of the damages I made to the carpet, counter top replacement, paint, etc., which is all lie! I lived there for two years with my wife and had no pets or anything. So I sent them a couple of letters asking to solve the matter friendly and I decided to take them to file a small claim court.

     

    The apartment company received the court notice on October 20. However, I had been contacted by their debt collector and I replied by certified letter within 10 days to the debt collector informing them that there is a claim pending and they should stay from collecting the debt until the court decides.

     

    Now a couple of days ago I received a letter from the apartment company’s attorney, which was basically copy for my information of ‘Answer and Counter Claim’ to the Magistrate Court in response to my complaint against them. The Answer’s defense summary is basically denial of my claim against the apartment company. The ‘Counter Claim’ briefly says I still owe them the $500 for the damages beyond wear and tear, which is not true.

     

    My two questions are:

    -   &nbs... What is the situation with this ‘Answer and Counter Claim’ I had received? Does that mean the court will dismiss my complaint without even a hearing!

    -   &nbs... Does the Debt collector has the right to continue collecting the debt or report my to the credit bureau even though there is a court claim in progress.

     

    Thanks you all for your help

  • 11-14-2009 8:21 PM In reply to

    Re: 'Answer and Counter Claim 'Attorney letter

    zaki73:
    What is the situation with this ‘Answer and Counter Claim’ I had received? Does that mean the court will dismiss my complaint without even a hearing!

    It's a formality. There will still be a hearing.

    Study up on the magistrate court rules. Part III of the following:

    http://www.georgiacour...

    zaki73:
    Does the Debt collector has the right to continue collecting the debt or report my to the credit bureau even though there is a court claim in progress.

    Yes.

    However, you might try filing a motion requesting the court to order a stay in collection proceedings while the matter is being litigated. I can't predict whether you'll get it or not, but it couldn't hurt to try it.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-14-2009 9:35 PM In reply to

    • zaki73
      Consumer
    • Not Ranked
    • Joined on 11-14-2009
    • GA
    • Posts 2

    Re: 'Answer and Counter Claim 'Attorney letter

    Many thanks for your quick reply. You have been very helpful, I’ll check with the court about filing a motion request against debt collection.

     

    What really sucks about this process is that customers are not protected and any debt collector can scare us about the ruining the credit score. I do not care about the credit score anymore if it will make me stop fighting for my right.

  • 11-15-2009 1:03 AM In reply to

    Re: 'Answer and Counter Claim 'Attorney letter

    zaki73:
    What is the situation with this ‘Answer and Counter Claim’ I had received? Does that mean the court will dismiss my complaint without even a hearing!

    Generally, no, though it depends on what the answer and counter-claim says. For example, if the answer alleges a lack of jurisdiction by the court and the court agrees that it lacks jurisdiction, the court must dismiss your claim and there is no need to hold a hearing on that. But absent something like that, there will still be a trail on the merits of the case. The defendant is required to file an anwer to your claim in most states, stating their position on the allegations you've made. The counter claim is the defendant's claim that you owe him money. In some states, you need to file an answer to the counter-claim, so read the rules for this court carefully and see if you need to do that here.

    zaki73:
    Does the Debt collector has the right to continue collecting the debt or report my to the credit bureau even though there is a court claim in progress.

    Yes. The pending lawsuit doesnt make a difference. But if you are being hounded by a collection agency and not the landlord himself, the federal Fair Debt Collection Practices Act allows you to tell the collector in writing to stop contacting you about the debt.

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