I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »
I’d try before filing the answer, although you may want to hire a lawyer to do it for you.
Yes, as long as they don't threaten criminal action or legal proceedings they're not allowed to take then they can be as passive aggressive as they want.
They also can't be physically aggressive or threatening, like showing up with a biker gang. Real case by the way.
You can ignore... Read more »
There are a few ways to stop a garnishment. First, if you are the defendant, you may have adequate grounds to file a defendant's claim form. This must be done within 20 days after the garnishee (generally the bank or employer) files their answer to the garnishment. Filing bankruptcy is another... Read more »
I live in Georgia.
Generally, a co-signer is jointly and severally liable on an obligation. Therefore the creditor can pursue you, your son, or both of you for the debt. In this case, the statute of limitations is the timeframe in which the creditor would be able to bring an actual lawsuit against you and/or your... Read more »
My ex husband is in the national guard reserves. He quit one job and started a new one. He did not report it. Somehow Ga started taking child support out of his monthly drill check but it's not even half of what he is supposed to pay. I reported his new job on my case once I found out where he... Read more »
Yes, the other job can be garnished. It probably will go faster if you hired a private attorney to handle the Income Withholding Order.
It is difficult to answer this case without specific information. If a case has been dismissed without prejudice, you can typically re-file. However, there are statute of limitations (time period you have to file a lawsuit) which may get your case dismissed on procedural grounds. I would suggest... Read more »
Accident was in 2009. Judgment in 2012. When my chapter 7 is discharged this month do i just take my papers to the DDS or will i need an attorney
Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.
It was due to be paid by midnight on 03/05/2019-after only being given 10 days notice by the leasing office that they made a major error and I actually would have to pay 2 months rent by that date instead of just 1 month. On 03/05/2019 at 3:17pm, I called the asst manager and she agreed to allow me... Read more »
In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.
If you have been "served" a Summons to Appear, you must appear. The only thing you could do at this point is notify the Clerk of the Court and notify them that you have filed bankruptcy and see if this obviates the need to appear. Otherwise, you must appar or risk being held in court.
They are harassing me saying I owe over $1000 for a school I never attended. AIU I never signed any agreement they only can show an electronic signature and the typed form that was sent to me doesn't even have my SS number it is written in by who knows on top of the form. Nothing can prove that I... Read more »
Based on these facts alone, an attorney could have questions as to what that electronic signature was for. A place to start might be to check with collection defense attorneys in your state to see if they would provide a free, or at least a short consultation to review the agreement involving the... Read more »
You should consult with an attorney regarding filing for contempt and to see if you have other options as well. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Childsupport couldn't enforce the divided amont of childcare in the final decree because it was separate from childsupport. Now childsupport enforcement think im trying to double dip when my divorce decree states a certain amount for childcare and childsupport. Childsupport enforcement says I can... Read more »
You are right. He does still owe for child support even if not being enforced by the child support enforcement agency. If he has also stopped paying his ongoing child support, you should amend your petition for contempt to also include these amounts so that the judge may rule on that issue in the... Read more »
I am being charged by the military for a missing item because I was the last one to sign for it. I only signed the hand receipt because I was instructed to do so by my supervisor. They are blaming me for negligence when there are others who signed off stating we had the missing item in question. I... Read more »
There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.
Is it legal for her to keep them from me the divorce papers state for me andher to work out visitation but she will not budge one bit will not even let me talk on the phone to them what can I do
You need to file for a modification of visitation if the papers are that vague. Talk to an attorney about your options in modifying visitation.
Cps placed child with father, but mother is collecting cs from his paycheck. We have a court order to stop the deduction, but she went to ocse and opened a case saying he failed to pay.
We have contacted ocse, but its a mess, and They continue to deduct while "investigating".
It sounds like a child support modification may need to be done, but without being able to review the facts of the case in detail it's difficult to give a thorough response. You should consider consulting with an attorney can review the facts and help you plan the proper course of action. -Homer P.... Read more »
Yes. SoL should be 15 yeas.
will not put the water back on for another 8 hours. They said that if we remove the padlock they will prosecute us under OCGA 16-8-5. The statute says "with the intent to avoid payment". Could we be prosecuted under this for turning our water back on, since we have already made all payments?
If you remove the padlock by cutting it off you will have committed criminal trespass, in that you intentionally damaged property belonging to another in an amount less than $500, which is a misdemeanor offense.
Filing in georgia. We are doing this ourselves with no attorney. The county clerk has not been any help and we are totally confused on what forms are needed to file and really can't afford an attorney. Due to my husband cosigning on a vehicle that went into collections we are stuck paying for it.
This is not a family law question. I would suggest reclassifying your question and asking it again.
Telling them 'it was a gift from a friend' sounds like the start of an explanation. The friend will probably also need to provide the lender a 'gift' letter. And if the gift was large enough to exceed the annual exclusion amount, your friend will probably also need to file a gift tax return.... Read more »
I am 23 with two kids 3 and 7 months old. I recently became homeless and didn't want my kids to be homeless therefore I brought them to my parents house for a temporary living place while I get back on my feet. They want me to sign papers. What are my rights and what should I do? I want to get my... Read more »
You are being asked to give up your legal rights, to your parents. If you sign the papers, that will be the final ruling, most likely. Because I cannot judge WHAT IS BEST FOR THESE CHILDREN, there is no way to give more of an answer. But, that issue should be your guiding light, not what you want.... Read more »
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