Atlanta, GA asked in Consumer Law for Georgia

Q: Are there any suggestions to defend myself against such actions O.C.G.A. 13-1-11 (2010) 13-1-11?

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1 Lawyer Answer
  • Consumer Law Lawyer
  • Cary, NC
  • Licenced in Georgia

A: The statute below is what you cited. Attorney's fee provisions are common in many types of contracts, like mortgages or credit card debts. The only defense I know of would be if the contract did NOT provide for it. You could possibly argue that something like a credit card agreement that contains it is a contract of adhesion, but courts will not be real sympathetic to that argument and will say that if you did not like the contract then you should not have applied for and used the credit card (or mortgage or whatever was the subject of the contract). Other possible defenses would be that you can challenge the reasonableness of the fees claimed or possibly that notice was not given of the intent to invoke the attorney fee provision.

All of this assumes that you have been or...

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