In the State of Georgia if a civil lawsuit is dismissed for lack of service, can a counterclaim for interplead

Question

er be legally allowed and proceed in court, even though the parties counterclaiming are stating that they have not been served? Help!!! I attempted to gain justice for some property demolished by a city in georgia, and which they then sold at a tax sale without notifying me. In an attempt to serve them, the attorney for the city was served instead of the city manager. They then said after a year when the case came up in court that they weren't served. The court took their side, but allowed the interpleader that they filed as a cross claim. The court awarded about 15% of the overage that the city claimed was left after the tax sale to the city for attorneys fees. How is any of this legal? Help!!! To beat it all the city after filing the interpleader were the only ones to get any money from the court. Me, whose case was dismissed, still has not recieved any interpleaded funds. The City got it's check from the court Dec. 11 of last year. How can this be handled on appeal. Help

Answer 1

Notice to the owner must be made before the sale of property must be conducted by the gvoernment. Thus, when there is no notice, the sale could be invalidated since the procedure was not observed and the sale is deemed not valid.

Answer 2

Appeal--appeal what?? That you attempted to file a case against the City and then didn't monitor your case to make sure that service had been fulfilled within the time set forth by the local court rules. I have a pretty good idea that you probably didn't have the finances to hire an attorney to file this case, but most people do not have the legal knowledge to file a lawsuit. Courts will give a great deal of lattitude to someone representing themself pro se, but you have to research court procedures and make sure that all deadlines are met. It's unfortunate that you didn't check with the legal aid office in your jurisdiction for help.