IN THE MAGISTRATE COURT OF ROCKDALE COUNTY
STATE OF GEORGIA
CERTIFIED ROOFING & GUTTERS )
v. ) Case No. 2022-MAG-M15
LORENZO KILGORE )
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
NOW COMES Lorenzo Kilgore, and files this Answer and Affirmative Defenses, and hereby avers as follows:
In support of this Answer, Lorenzo relies on the following exhibits:
- Exhibit 1 – Affidavit of Lorenzo Kilgore
- Exhibit 2 – Invoice of Shingles sent to Lorenzo Kilgore by Plaintiff
- Exhibit 3 – Receipt showing payment for shingles made by the homeowner.
In the Statement of Claim, Plaintiff states that Lorenzo has refused to pay the balance for new roof installation. Plaintiff also states that Defendant owes Plaintiff $2,500.00 plus costs of $500.00 Defendant denies this claim in its entirety.
On August 31, 2021, Plaintiff filed a claim of lien against Lorenzo’s property. On September 14, 2021, Lorenzo filed a notice of contest of lien. Plaintiff did not respond to the notice of contest of lien filed by Lorenzo. GA Code § 44-14-368 provides in pertinent part as follows: “The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing. The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin.”
Plaintiff’s deadline for filing a notice of commencement of lien action was in December 2021. Plaintiff did not file a notice of commencement of lien action within 90 days after Lorenzo filed a notice of contest of lien. Plaintiff’s lien should be extinguished in accordance with GA Code § 44-14-368.
Defendant does not owe any debt to Plaintiff.
Plaintiff is not entitled to any damages as Defendant did not act in any manner sufficient to give rise to damages liability.
Plaintiff has failed to mitigate its claims.
Defendant’s actions were in utmost good faith.
Defendant reserves the right to assert further affirmative defenses as they become evident through discovery investigation.
REASONS WHEREFORE, PREMISES CONSIDERED, Defendant prays that his answer be deemed good and sufficient and all claims by Plaintiff against Defendant be dismissed, with prejudice, and such further relief, legal and equitable, be awarded Defendant.
Dated this ____ day of April, 2022.
Defendant in pro per
I, Lorenzo Kilgore, being duly sworn depose and say that I have read the foregoing Answer and Affirmative Defenses and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of April, 2022.
(Printed name of Notary Public)
My Commission Expires: ____________________
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