Schafer v. Wachovia Bank of Georgia, N.A.

Eldridge, Judge.

This appeal raises the issues of whether a summons of process issued during a bankruptcy stay and served after the dismissal of the petition in bankruptcy by the sheriff was valid and whether the trial court should have granted summary judgment on liquidated damages against the debtors based upon unwithdrawn requests for admission. The defenses in abatement to the summons of process and service of process were waived, because the defendants failed to timely raise such dilatory defenses in abatement. Accordingly, the grant of summary judgment is affirmed as follows.

On December…