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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38886
Experience:  30 years in civil, probate, real estate, elder law
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I filed small claim pro se against former brotherinlaw When

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I filed small claim pro se against former brotherinlaw When he responded he hired a lawyer defense 1 was fails to state a claim which relief may be granted 2 barred by virtue of payment.3 doctrine of estoppel 4 failure of consideration 5 virtue of release.6 virtue of waiver 7 barred virtue of nonsense. Lists of denials then asks for dismissal with prejudice. What are my next steps Ga. Fulton County magistrate court.
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.
Hi and welcome to JA. Ray here to help you today. If this is say a debt you would prove up the amount if it was an oral agreement.Any documents or testimony you can present in court here.Just because he pleads these things doesn't mean he can prove them and have them dismissed.This is more a case if he doesn't plead them he waives them.Just focus on your exhibits and testimony that support your claim for damages here.If you can get more witnesses, and evidence--called the preponderance of the evidence you will prevail here. For instance virture of payment --he claims to have paid you, you would need to show otherwise.And so on here proving there was a loan or agreement to pay and he hasn't done so here. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 10 months ago.
Law for reference--as you can see here he is just throwing alot of stuff at you, he may not be able to prove.. 2010 Georgia CodeTITLE 9 - CIVIL PRACTICECHAPTER 11 - CIVIL PRACTICE ACTARTICLE 3 - PLEADINGS AND MOTIONS§ 9-11-12 - Answer, defenses, and objections; when and how presented and heard; when defenses waived; stay of discoveryO.C.G.A. 9-11-12 (2010)9-11-12. Answer, defenses, and objections; when and how presented and heard; when defenses waived; stay of discovery(a) When answer presented. A defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by statute. A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied.(b) How defenses and objections presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may, at the option of the pleader, be made by motion in writing:(1) Lack of jurisdiction over the subject matter;(2) Lack of jurisdiction over the person;(3) Improper venue;(4) Insufficiency of process;(5) Insufficiency of service of process;(6) Failure to state a claim upon which relief can be granted;(7) Failure to join a party under Code Section 9-11-19.A motion making any of these defenses shall be made before or at the time of pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Code Section 9-11-56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Code Section 9-11-56.(c) Motion for judgment on the pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Code Section 9-11-56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Code Section 9-11-56.(d) Preliminary hearings. The defenses specifically enumerated in paragraphs (1) through (7) of subsection (b) of this Code section, whether made in a pleading or by motion, and the motion for judgment mentioned in subsection (c) of this Code section shall be heard and determined before trial on application of any party unless the court orders that the hearing and determination thereof be deferred until the trial.(e) Motion for more definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a proper responsive pleading, he shall nevertheless answer or respond to the best of his ability, and he may move for a more definite statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.