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Jackson v. Nemdegelt Inc.

The debtor's objection to venue did not automatically stay the proceedings so as to excuse her duty to respond to the assignee's discovery requests.

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In this suit on a contract, Corliss Jackson appeals from the trial court’s grant of summary judgment in favor of appellee Nemdegelt, Inc. The trial court ruling was based upon unwithdrawn admissions made by Jackson in the filing court prior to a transfer to the correct venue. Because we conclude that Jackson is bound by the admissions and, as a result, summary judgment was proper, we affirm. On appeal from the grant of summary judgment, we conduct a de novo review of the record and construe all evidence in the light most favorable to the nonmovant. See Vadde v. Bank of America , __Ga. App.__, 1 Case No. A09A1714, decided Nov. 20, 2009. So viewed, the record shows that in March 2007, Nemdegelt, allegedly as an assignee of Drivetime, filed a complaint against Jackson in the State Court of Fulton County to recover a deficiency balance allegedly owed on a retail installment contract that had been executed between Drivetime and Jackson. The complaint alleged that Jackson was indebted to Nemdegelt in the principal sum of $7,050 at an interest rate of 18 per annum and that Nemdegelt was also entitled to recover attorney fees.

Jackson, acting pro se, timely answered the complaint. In her answer, she denied that she was a resident of Fulton County, asserted that venue in Fulton County was improper, and moved the trial court to dismiss the action.1 In summary form, she further denied the substantive allegations set forth in Nemdegelt’s complaint.

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