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I am in the United States Court of Appeals 11th circuit with

Motion for Rehearing. I need...
I am in the United States Court of Appeals 11th circuit with Motion for Rehearing. I need an attorney familiar with Appellant level law. This is a David and Goliath battle over mortgage fraud. I need three cites of law in addition to the ones I cited below for two topics. I will pay $300 for these cites for case in Georgia.
1) When service upon corporate officers out of state OK by registered mail.
Two of the corporation defendants were formed by perjury with no in state registered agent and operating in fraud never having one proven by attempted sheriff service notes on service so then served out of state by registered mail and they all acknowledge receipt and their in state counsel confirmed by email that the attorneys sent on to clients!
U.S. Supreme Court (#23 pages 5-6, section 4),
Travelers Health Assn. v. Virginia, 339 U.S. 643 (1950) Service of process on appellants by registered mail did not violate the requirements of due process. Pp. 339 U. S. 650-651. “…the Court ruled that an out of-state association selling mail order insurance had developed sufficient contacts and ties with Virginia residents so that the State could institute enforcement proceedings under its Blue Sky Law by forwarding notice to the company by registered mail … Likewise, the Court reviewed a California statute which subjected foreign mail order insurance companies engaged in contracts with California residents to suit in California courts, and which had authorized the petitioner to serve a Texas insurer by registered mail only.”
2) I need 3 extra cites that a case is closed dead when in default and it requires a hearing to ask judge to reopen case per:
Then seventy days lapsed without an appeal of Judge’s Order, nor responded to the properly serviced lawsuit so Plaintiff filed Default Judgment. The Default is automatic and it is error for the Defendants to claim that they can still Remove because the Judge had not ruled on Default Judgment – it is automatic by the clerk. There can be an appeal but not a Removal.
Rule 55. Default; Default Judgment
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person. Defendants were required to file Removal within 30 days of September Service: “The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based.” 28 U.S.C. 1446(b).Thanks!
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Answered in 4 days by:
4/26/2017
Blair Matyszczyk
Category: Business Law
Satisfied Customers: 0
Experience: Attorney at Bertram & Graf, L.L.C.
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Hello- If I understand your question correctly, you would like citations that support your argument that you properly served (by registered mail) corporate officers of a company doing business in Georgia. Based on the information you have provided me, you would need to comply with the following Ohio statute: Ga. Code Ann., § 9-11-4.

This statute requires that you personally serve the summons and complaint on a registered agent of the corporation. If a registered agent cannot be found, the Secretary of State of Georgia acts as the registered agent. It is not sufficient that you personally serve the summons and complaint on officers of the corporation. This is something that can be tricky and somewhat confusing. There is no case law in the state of Georgia nor the 11th circuit indicating that service of the summons and complaint on corporate officers is proper and "effective." As such, unfortunately, I do not think this is an issue that is winnable on appeal.

With regard to your question about default judgments, a court cannot rule on a default judgment when service of the summons and complaint was not proper or effective. See this case: In re Worldwide Systems, Inc., 328 F.3d 1291 (11th Cir. 2003). Here are some other citations about the issue: See Varnes v. Local 91, Glass Bottle Blowers Ass'n, 674 F.2d 1365, 1368 (11th Cir.1982) (finding a judgment void under Rule 60(b)(4) where the defendant was not properly served); see also Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950).

If service of the summons and complaint was not proper under Georgia law, then a court does not have the ability or power to render a default judgment, so the default judgment then becomes void. Again, this is a confusing process that rests on technicalities, and it is unfortunate when cases have difficulty proceeding due to issues of service.

The bot***** *****ne is that there is not any case law on your side to support the argument that service was proper unless you can prove that you did in fact serve the summons and complaint on a registered agent. The registered agent of a company can be found on the Georgia Secretary of State website. And as stated previously, if no registered agent can be found, the Secretary of State is to be served and will accept service.

I hope this is helpful as you move forward.

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Customer reply replied 7 months ago
Blair,Thank you for reply. PLEASE know I agree with your line of argument and appreciate the cites but it is not applicable in my case. I am 59 and have a Ph.D. in Theology so am not stupid stubborn and I will pay you for cites of per my request:
1) Cites of law showing a case is closed and must be reopened when a Default is filed for proper service.
2) As you know service by anyone, even a sheriff, if refused to sign for is still valid service because left with someone with proper authority per Georgia law. All of this was done. And the Secretary of State was done and the affidavit is all that is required and does nothing but sit there. It does not say whether it was done yesterday or months ago, only that it was done and proof of mailing - which was done. Their own officers employees and legal department in emails acknowledge receipt of knowledge clearly served per law:
U.S. Supreme Court (#23 pages 5-6, section 4),
Travelers Health Assn. v. Virginia, 339 U.S. 643 (1950) Service of process on appellants by registered mail did not violate the requirements of due process. Pp. 339 U. S. 650-651. “…the Court ruled that an out of-state association selling mail order insurance had developed sufficient contacts and ties with Virginia residents so that the State could institute enforcement proceedings under its Blue Sky Law by forwarding notice to the company by registered mail … Likewise, the Court reviewed a California statute which subjected foreign mail order insurance companies engaged in contracts with California residents to suit in California courts, and which had authorized the petitioner to serve a Texas insurer by registered mail only.”
Their only argument is they did not have signed service because refused to sign for it as instructed by phone from Florida not to accept with no legal agent - who is by perjury owner claiming to be agent in Georgia! You are not wasting your time or my money. Just find more cites like one because company headquarters is in Texas!
Customer reply replied 7 months ago
More - please find cites of law where if a company is formed in fraud and perjury it is not recognized as a Georgia corporation and accepts liability of such. At most if properly formed elsewhere it is recognized only as a foreign company doing business in Georgia with no presence to conduct business. I will pay well for these answers as my argument for proper interpretation of law per Sprit and intent of law, not some "staining at a legalistic gnat and swallowing a camel" to enable proven white collar criminals who proven did 4 of 5 things illegal other mortgage companies had to settle for $25B
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
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Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

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In the meantime, I will print out your inquiry and look into it....

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This is expert Maverick. I will answer your questions in the several frames below and let you know when I am finished. Please wait till then to ask any follow-ups. All the answers may not be ready until tomorrow morning....thank you for your patience.

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ON THE ISSUE OF TIMELY REMOVAL:

1. Assuming there was a default judgment entered by the clerk pursuant to Rule 55(b)(1) and defendant did not file a removal within 30 days as per 28 USC 1446(b), then the notice of removal would be considered untimely and the district court would have to remand the case.

2. If default was entered within the 30 days time period to file a notice of removal, then the federal district court would pick up the case where the state court left off. In other words, the default judgment would remain in tact unless overturned by the district court. More to come...

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The case that says that the district court takes over where the state court left off is Hare & Chase, Inc. v. Dunton, 8 S.W.2d 315 (1928) citing 28 USCA 1450. What this means is that the normally a default judgment does not close a case as the case remains open so that the plaintiff can file for writs of execution and garnishment or to depose the defendant to locate assets. Since the default does not close the case, there would be no need for the defendant to reopen before filing the removal. However, if the removal is timely, then the district court takes over at where the state court left off. More to come...

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ON THE ISSUE OF WHEN THE 30 DAY TIME PERIOD STARTS TO RUN:

GA is in the 11th Circuit. In this case, that court held: A named defendant’s time to remove is triggered by simultaneous service of the summons and complaint, or receipt of the complaint, “through service or otherwise,” after and apart from service of the summons, but not by mere receipt of the complaint unattended by any formal service.

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Customer reply replied 6 months ago
Excellent work! Even though I do not like the answer it is legally sound and truth with cites. I think they answered the default within 30 days but I will see. Regardless I have an order from judge and also the default stands unless they can overturn it! Thanks! How much do i owe you? Can you find cites of law for a corporation formed by perjury and operating fraudulently in a state has no authority to do business and forfeits any rights of being corporation in that state. The mortgage company perjured when establishing its company in Georgia not having a registered agent as claimed (discovered by sheriff service and comments written by serving officer on summons employee admitted there was never a registered as was on Secretary of State! Not that agent quit, but that person works out of state never being at that Georgia office. Clear perjury and voids corporate claim and rights in Georgia and creates liability because trying to steal house via foreclosure with no authority after breaching their own contract and doing 4 of 5 things other mortgage companies had to settle for $25Billions. Therefore registered mail of suit and summons to corporate headquarters and their legal department out of state was proper per Supreme Court. They all acknowledged receipt and corresponded affirming, I did not have to serve via sheriff out of state as well did I? I pay extra for these answers.
Customer reply replied 6 months ago
Actually your case site in link I missed MURPHY BROTHERS, INC. V. MICHETTI PIPESTRINGING, INC. and just read perfects my case! Awesome! They received the summons and complaints via registered next day mail so the time to remove tolled and I filed the default 70 days after mailing notice to out of state headquarters and 4 days after sheriff service was thwarted due operating illegally! So they cannot remove case - it has to be remanded and the violation of GA law voids secretary of state service as not a GA corporation. They all knew of suit but same unethical disfunction that ruined our economy caused their default so poetic justice, instant karma. I want to give you a bonus. How much do I owe you?

Still have a lot more answers for you....

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Q. Can you find cites of law for a corporation formed by perjury and operating fraudulently in a state has no authority to do business and forfeits any rights of being corporation in that state.

On this issue, what I am finding is that the failure of a non-resident corporation may preclude it from filing suit against a GA defendant. Please see this case.

OCGA § 14-2-311 provides that until withdrawn or revoked, once a certificate of authority is issued the foreign corporation shall "enjoy the same, but no greater, rights and privileges as a domestic corporation ... and, except as otherwise provided in this chapter, shall be subject to the same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic corporation of like character." O.C.G.A 14-11-711, for example, states: The failure of a foreign limited liability company to procure a certificate of authority does not impair the validity of any contract or act of the foreign limited liability company or prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this state.

See also this article which concepts would apply to a for-profit corporation as well. IT STATES:

A certificate of authority gives a foreign nonprofit corporation the same rights asa Georgia nonprofit corporation within the state of Georgia. 1. An organization that decides that it should obtain a certificate of authorityshould to do so within 30 days of commencing business in Georgia. 2. An organization that should have obtained a certificate of authority but does not may not file a lawsuit in Georgia. 3. The failure of a foreign nonprofit corporation to obtain a certificate of authority does not impair the validity of its corporate acts or prevent it from defendinga proceeding in Georgia.

More to come....

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To qualify to do business in Georgia, a foreign corporation must file the following documents with the Georgia Secretary of State (GA SOS): „ An application for a certificate of authority to transact business in Georgia, setting out: „ the name of the corporation (the corporation name must be available for use); „ the jurisdiction under which it is incorporated; „ its date of incorporation; „ the mailing address of its principal and registered offices and the name of its registered agent; and „ the names and business addresses of its chief executive officer, chief financial officer and secretary, or individuals holding similar positions. „ A certificate of existence (or similar document) authenticated by the GA SOS (or similar authority) in its state or country of incorporation. (Ga. Code Ann. § 14-2-1503.)

HERE ARE THE CONSEQUENCES FOR A FAILURE BY A FOREIGN CORPORATION TO OBTAIN A CERTIFICATE OF AUTHORITY. Like the llc and a non-profit, it can defend but no file a suit. So the perjury/fraud would in effect annul the certificate of authority obtained and make it as if there was none.

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Q. Not that agent quit, but that person works out of state never being at that Georgia office. Clear perjury and voids corporate claim and rights in Georgia and creates liability because trying to steal house via foreclosure with no authority?

1. Notice that there does not appear to be a requirement that the registered agent be located in GA. Please see my answers above as to the consequences, however, even if we assume that the foreign company failed to properly register to do business.

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As for your request for more cases like Travelers v. Virginia, I have those but they apply to determine whether a GA court would have personal jurisdiction over a foreign person or corporation based on a minimum contacts fair play and substantial justice analysis; even assuming that service of process was proper in all respects.

Here are similar cases: See, e. g., McGee v. International Life Insur. Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957); International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945); Henry L. Doherty Co. v. Goodman, 294 U.S. 623, 55 S.Ct. 553, 79 L.Ed. 1097 (1935); Hess v. Pawloski, 274 U.S. 352, 47 S.Ct. 632, 71 L.Ed. 1091 (1927); Pennoyer v. Neff, 95 U.S. (5 Otto) 714, 24 L.Ed. 565 (1877).

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NOW TO DISCUSS YOUR SERVICE OF PROCESS ISSUES UNDER 9-11-4

Of particular importance to your case are the following subparts:

(e)(1)(A) Notice that this says that if you are going to serve a foreign corporation that is authorized to transact business in GA, it shall be made by personal service where the summons and complaint are served together upon its president, other officer, managing agent, registered agent, OR if that fails then upon the GA Sec. of State.

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(e)(2)(A) applies to a foreign corporation not authorized to transact business in GA. Then personal service must be made on a managing agent located in GA or to a registered agent designated for service of process.

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If the above two are not possible, then (e)(7) kicks in....which allows for service by delivering a copy to an agent authorized to receive process by law.

I have some cases for you but will have to get them to you later today.....

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Customer reply replied 6 months ago
You are doing great! Be proud as you are living the dream by kicking TheBigShort criminals' butts. Look at what I found in one of your excellent cites: Thompson v. Ga. Power Co., 73 Ga. App. 587, 596 (37 SE2d 622) (1946) enunciated the principle that a "revising statute is in effect a legislative declaration that whatever is embraced in the new statute shall prevail, and whatever is excluded therefrom shall be discarded." Clearly since 1972, a nonresident contractor is required to register in order to maintain an action to recover payment for performance of a contract in the courts of this state. No other interpretation is viable. The language is clear as is the express intent of the legislature, resulting in a harmonious application of the two code sections. Please bill be $300 so I can pay. Just Answer does not have an easy way to get you money if not billed.

Okay, this is the last of it. Here are the service of process cases you may find of interest. The one that pertains to WHEN SERVICE IS VALID BY MAIL UPON A FOREIGN CORPORATION'S OFFICER IS BOLDED:

Under Georgia law, service of process by mail on foreign corporation, by registered or certified mail to chief executive officer, chief financial officer, or secretary, or person holding comparable position, applies only to foreign corporations that hold Georgia certificate of authority or that transact business within Georgia. Tomlin v. White Dairy Ice Cream Co., Inc., 1997, 13 F.Supp.2d 1354 .

Even assuming that entity to which plaintiff sent copy of summons and complaint was defendant's registered agent, mailing of copy of summons and complaint along with request for acknowledgment of service was not sufficient under Georgia law to perfect service; service upon registered agent has to be personal. Ritts v.

Dealers Alliance Credit Corp., 1997, 989 F.Supp. 1475 .

Process mailed to a foreign corporation who fails to obtain a certificate to transact business or fails to appoint a registered agent for service as required by law must strictly comply with the statutory terms. Howard v.

Technosystems Consol. Corp., 2000, 244 Ga.App. 767, 536 S.E.2d 753 , certiorari denied.

Attempted service upon foreign corporation by mail is invalid even when made by court order. American Photocopy Equipment Co. v. Lew Deadmore & Associates, Inc., 1972, 127 Ga.App. 207, 193 S.E.2d 275 .

Under Georgia law, foreign corporation's activities did not require that it obtain a certificate to transact business in Georgia, and thus process served pursuant to Georgia statute upon the Georgia Secretary of State, who forwarded the documents to the foreign corporation by registered mail, was not sufficient. Al & Dick, Inc. v. Cuisinarts, Inc., 1981, 528 F.Supp. 633 .

Plaintiff had actual knowledge of defendant corporation's current correct address, and thus, substituted service of complaint with Secretary of State's office after attempted service through defendant's registered agent failed was invalid, where plaintiff failed to first attempt to serve complaint on president or other officer or managing agent. Stone Exchange Inc. v. Surface Technology Corp. of Georgia, 2004, 269 Ga.App. 770, 605 S.E.2d 404 .

Service on corporate defendants was sufficient, where process was directed to registered agents, but registered agents were not found at address on file with the Secretary of State, so that plaintiffs' attorney mailed duplicate copies of process to Secretary of State's office, and by letter to plaintiff's counsel, Secretary acknowledged receipt of service and stated that a copy of process in each suit was mailed to registered agents at address on file with the Secretary's office. Lovett Sports, Inc. v. Atlantic Exhibit Services, Inc., 1986, 178 Ga.App. 278, 342 S.E.2d 726 , certiorari denied.

Service on defendant corporation was not in compliance with statute which provides that, if service cannot be made on officer or agent of corporation, service may be perfected upon Secretary of State provided plaintiff or his attorney file affidavit showing that personal service on or notice to officers, managing agent or other agent outside corporation cannot be had within the state where such affidavit was not filed. Lexington Developers, Inc. v. O'Neal Const. Co., Inc., 1977, 142 Ga.App. 434, 236 S.E.2d 98 , reversed 240 Ga. 376, 240 S.E.2d 856

, on remand 145 Ga.App. 309, 243 S.E.2d 577

Under Georgia law, substituted service of a complaint against a corporation upon the Secretary of State is proper only after a plaintiff has attempted to serve the persons listed in the statute and for any reason that attempt is unsuccessful; due diligence in locating a corporation's agent is not required. Davis v. Frederick J.

Hanna & Associates, P.C., 2007, 506 F.Supp.2d 1322 .

The specific statutory provision for personal service on Georgia residents outside the State controls over the more general statutory provision that service on a person of suitable age and discretion then residing at the defendant's dwelling house or usual place of abode constitutes personal service on the defendant if made in the state. Burkhardt v. Burkhardt, 2002, 275 Ga. 142, 561 S.E.2d 822 , reconsideration denied.

Plaintiff who had actual knowledge through its assignee of corporate defendant's address could not substitute service on the Secretary of State without attempting service at defendant's known address; upon failure of service on defendant's registered agent, whose address was outdated, plaintiff could have served debtor's

president at his office, but did not. TC Drywall & Plaster, Inc. v. Express Rentals, Inc., 2007, 287 Ga.App. 624, 653 S.E.2d 70 .

A foreign corporation can be served pursuant to Georgia statute only if that corporation is qualified, or should have qualified, to transact business in Georgia. Al & Dick, Inc. v. Cuisinarts, Inc., 1981, 528 F.Supp. 633 .

Note: Just Answer’s site disclaimer apply to all services including premium services. This information may not be correct, complete or reflect current legal developments for your specific jurisdiction. Please do not act or fail to act based on it alone. Most follow-up questions are answered within 24 hours. Please assign a feedback rating when we are done so JA will compensate me for this answer. Thank you.

Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,425
Experience: 20 years of professional experience
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Maverick and 87 other Business Law Specialists are ready to help you
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Customer reply replied 6 months ago
Maverick they would only let me pay you $200 bonus - I could not find how to pay more. Please bill me so that I can pay you $300+
Customer reply replied 6 months ago
Do you or anyone you know want to do a class action lawsuit here in Georgia? :-) The Big Short Bathroom scene of guy kicking bad mortgage/lawyer in butt.

Thank you kindly for the generous BONUS!

We are not permitted to represent JA's customers or to refer any particular lawyer to them, however this link may help you find the right lawyer.

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Customer reply replied 6 months ago
Maverick, BTW a default case is closed to defendants and per your excellent cites is binding though removal, the case is only open to the Plaintiff unless reopened. And here is a cite for you since you blessed me:
HOWARD v. TECHNOSYSTEMS CONSOLIDATED CORPORATION et al. 536 S.E.2d 753 (2000) 244 Ga. App. 767
Under OCGA § 9-11-55(b), a prejudgment default may be opened upon any one of three grounds provided that four conditions are met.3 The three grounds are: providential cause (not applicable), excusable neglect (not applicable), and proper case (contingent upon Excusable Neglect proven per following cite); the four conditions are: (1) showing made under oath, (2) offer to plead instanter, (3) announcement of ready to proceed with trial, and (4) setting up a meritorious defense.4 Opening default is a matter resting within the sound discretion of the trial court, and the exercise of that discretion will not be disturbed absent a showing of abuse.5
To Balch’s credit, the Defendants never even tried to fabricate a defense to illegally operating in Georgia without any qualification to do business. Appellant has shown that the instant case is even more inexcusable than what happened in Bellsouth Telecommunications, Inc. v. Future Communications, Inc., 666 S.E.2d 699 (2008) wherein case could not be reopened:
The Court of Appeals overturned a trial court which had opened default in these circumstances. Bellsouth engaged in pre-suit negotations with Future arising from a business dispute and sent courtesy copies of the pre-suit correspondence to Future’s insurer. Negotiations broke down, Bellsouth filed suit, and Future was served. Future assumed that Bellsouth had also forwarded a copy to the insurer and on this assumption, Future neither answered the lawsuit nor forwarded it to the insurer. There was no evidence that Futurecomm ever contacted the insurer about the suit at sought assurances that it was being handled. However the trial court granted Future’s motion to open default based upon the excuses of “excusable neglect” and that there was a proper case to open default.
Unsurprisingly, the Court held that Future failed to show “excusable neglect” because it simply assumed its insurer was defending the case and took no affirmative actions to confirm this: it never forwarded the complaint or sought assurances from the insurer. (Note: Instant case Albertelli did forward service and all parties acknowledged) Surprisingly, however, the Court also held that the trial court abused its discretion by ruling that there was a “proper case” to open default. Although recognizing that the “proper case” class of cases encompasses “every conceivable case where injustice might result if default were not opened,” the Court held that “whatever that injustice might be, it may be avoided and default opened under the proper case analysis only where a reasonable explanation for the failure to timely answer exists.” In the absence of a “reasonable” explanation, the Court held, a trial court cannot act within its discretion because discretion is bound “with the rule of reason and law.” Applying that rule to Future, the Court held that its arguments were more properly addressed and rejected as an attempt to establish the excuse of “excusable neglect.” Even if a “proper case” analysis were necessary, the Court held, Future’s explanation for the default was unreasonable because it failed to take reasonable steps to ensure the insurer had received the complaint and was handling the defense.

Thank you for the information. I see where the confusion occurred on my end. I am used to the term "motion to vacate" a default but it appears that GA terms that as a "motion to open"....so I thought you were asking about opening the ENTIRE case back up as opposed to only opening the default....

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Customer reply replied 6 months ago
Maverick - Praise God! Check this out. These people really are as the movie The Big Short portrays them LOL! The statute of limitations has expired on my 2006 contract! A debtor being sued by a creditor should be informed of the statute of limitations for a breach of contract action. That's because most lawsuits for the collection of debts are considered breach of contract cases. In Georgia, written contracts have a statute of limitations period of 6 years from the time in which the debt becomes due and payable and the period runs from the date of last payment (OCGA 9-3-24). On the contrary an open account, implied promise or undertaking has a statute of limitation of only 4 years (OCGA 9-3-25). Prior to entering into an agreement to pay off a debt, a consumer should ensure the debt is actually still due and payable.
Customer reply replied 6 months ago
Mortgage company breathed three months into contract. They bought a super bad contract that is totally void LOL! I think I own my house free and clear. Earn so more money help me as I file tomorrow emergency injunction
Customer reply replied 6 months ago
Original Mortgage company breached three months into contract. So Deutsche and Nationstar when they bought my mortgage bought a super bad contract that was totally void LOL! I think I own my house free and clear. Earn so more money help me as I file tomorrow emergency injunction

Okay, I think you will need to open a new question on this SOL issue as there is no way now to pay more money on this thread. You can start that question as "This is for Maverick ONLY"

Couple of pointers to start with:

1. You need to amend your pleadings to add the SOL defense if it is not already there.

2. Please tell me date of your last mortgage payment and the date when they filed suit.

3. Please explain what you mean by "Original Mortgage company breached three months into contract".

4. Why do you feel you need a emergency injunction as opposed to a summary judgment motion?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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