Motions - GA

[MOYANI]

What is the name of your state?What is the name of your state? GA

The bank stated that they never recieved my payment. However, I have proof that they did receve my payment, a us postal certified receipt signed by lenders agent on December 16, 2004 along with affidavit of mailing that was sent to them. Thay can't find payment.

I received a Writ of Possession judgment on February 1, 2005, bank said they did not recieve my payment.

I filed an appeal on Feb 4, 2005. How and can I file the following motions?

Motion to recall Writ of Possession
Motion to Dismiss Plaintiff's claim
Motion to Vacate Default Judgment

Or whatever motions you feel I should file. Urgent

 

[Alias_joe]

default already?

did you answer the complaint?

your affirmative defense should be:
I paid
here is proof
see attachment #A

the bank made an error
re-argue the above

Counter-claim
bank violated your rights and you want restitution

get a lawyer

 

[GaAtty]

GaAtty

If you received a Writ of Possession it means that you were foreclosed on. The chances are, you were more than 1 payment behind. Foreclosures do not happen for one missed payment. If you got the Writ on February 1, they must have foreclosed on the first Tuesday in January. That means in December they were already advertising your house for foreclosure. Why didn't you know this? It is possible to go behind the foreclosure, but very difficult. You need to check with a bankruptcy attorney, as such an attorney wil probably have done wrongful foreclosure cases. Otherwise, it is too late.