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answered on Aug 28, 2023
If you have a promissory note that was due on 7/21/2020 and has not been paid, you have several options to consider. First, you could try reaching out to the debtor to remind them of the outstanding payment and discuss the situation. It's possible that there might have been a misunderstanding... View More 
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answered on Aug 17, 2023
Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.
I have a rental house under contract to sell, with closing schedule in a couple of weeks. The house has several judgement liens (Fi-Fa) that must be cleared up. Two different attorneys hold the liens. The closing attorney was authorized to do so and has asked both attorneys to provide a... View More
answered on Aug 1, 2023
As an attorney who handles closing, I understand your frustration. Sometimes the attorney who filed the lien no longer represents the creditor. Sometimes the law firm no longer exists. Sometimes the creditor no longer exists or has died. There are a lot of reasons why it would take a few weeks to... View More
Aldous and Associates have a debt collection on me for $118 regarding a gym membership from about 3 years ago. It recently hit on my credit. Some context: This gym and I had gone back and forth for months, via call and text, about cancelling my membership (I was away at college, not needing my... View More
answered on Jul 10, 2023
Your concern is justified (I do not mean about this particular collector, but collectors in general). You need to get any agreements in writing before you give them information or pay anything. You need to determine if it is worth your time to contest this. They often just do not care, and will... View More
I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?
answered on May 20, 2023
You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.
If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders.... View More
A widow, whose sole income is social security, hired a public adjuster who nolonger wants to work with the attorney they hired. The adjuster is now putting pressure on her to pay him $12,000 or more. Can she file chapter 7 bankruptcy? If so, will it stop him from taking any further action against... View More
answered on Mar 21, 2023
The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... View More
Have a judgement against my ex for over $36,000 in court in GA. He resides in TN. The order states he agrees to pay $250 per month to my local court. He has made 2 payments in the last 2 years. Without hiring an attorney, how can I apply for a garnishment in TN to obtain what’s already been court... View More
answered on Nov 1, 2022
You would have to follow the Tennessee procedures to make the Georgia judgment into a Tennessee judgment. Once the judgment is "domesticated" into Tennessee, you can move for a writ of garnishment in that court. The place to start is the Tennessee statutes, more than likely online. You... View More
I’m 19 now and I’ve never seen my dad sober my entire childhood. He goes to work and the second he gets off work he starts drinking and doesn’t stop. When he drinks he becomes incompetent and make’s stupid decisions. He keeps getting arrested for drinking and driving but he just keeps doing... View More
answered on Oct 14, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. And it looks like time is of the essence in your matter, where some form of action needs to be taken to avert things from getting worse. You could reach out to attorneys who handle collections/creditor's... View More
I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.
I discovered after looking at the charges... View More
answered on Sep 23, 2022
Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.
I suggest clearly breaking down all charges and payments made (like a statement),... View More
I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.
I discovered after looking at the charges... View More
answered on Sep 23, 2022
You can perceive anything you like, but what you have is a basic dispute over money. You claim you are paid up, the association claims that you are not. If you can prove that you paid the assessments on time that the HOA claims you did not, that would be a pretty good defense to the foreclosure... View More
Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.
answered on Sep 22, 2022
You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... View More
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answered on Sep 4, 2023
Georgia has strict regulations on title loans. Interest rates for title loans in Georgia are capped at 25% per month (which is roughly equivalent to 300% annually). Therefore, if your title loan has an interest rate of 59%, it would likely be considered illegal under Georgia law.
The summons served to me provided a date, I appeared in court on that date.
2 months later information on a judgement against me is sent, the reason listed is failed to appear. And the date they now have listed is changed, and different than the deadline date given on my summons.
answered on Jul 28, 2023
Examine the court file and file a motion to set aside the judgment right away.
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answered on Jul 6, 2023
If you were awarded a sum of money in your final divorce decree based on a promissory note executed by your ex-spouse, you may have the right to file a lien against their home as a means to secure payment. However, the specific laws regarding liens and the enforceability of promissory notes can... View More
I am being sued for a credit card debt by LVNV Funding. I no longer live in the US and only have a PO box in my former state of GA. Is this legal or how the process works? I am trying to figure out how to proceed. My first option was to get them to validate the debt in my answer to the filing, but... View More
answered on Jun 27, 2023
Yes it is legal; you can be sued where the debt arose or where indicated in the contract.
Being sued for a debt from a debt collection agency. What is the probability that the debt collection agency has the original signed contract from whom they bought the debt? Trying to figure out the probability that they can prove that I own the debt.
answered on May 18, 2023
Every company has different procedures that make it so the chances they have it are different. Many can access them easily, others cannot.
answered on May 4, 2023
It depends on if you are a party to the case or not. If you are a party that may be sufficient notice. If you are non-party, you may be required to be served a subpoena. Service is usually required in a particular fashion. It is recommended you consult with an attorney, about this.
My sister signed my name for over 10 yrs and management let her. She left 14 k in unpaid rent . I went to court and I guess the management didn’t have proof. There was no judgment . Should I be worried. It was for an eviction.
answered on Feb 13, 2023
You were sued, you went to court on a final hearing, Plaintiff had no proof, and the judge did what? Did not enter a judgment against you? If what I described is accurate, the case is over. You cannot be sued again.
Please read the whole thing.
Portfolio Recovery has been calling me for over two years trying to find another person. I have told them on more than one occasion that I am not the person they are seeking, that I do not owe this debt, it isn't my debt, and to stop calling me.... View More
answered on Oct 15, 2022
Hire an attorney to write a letter for you. The return address will be the lawyer's.
Block the number on your cell phone.
I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.
Today though,... View More
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