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Georgia Collections Questions & Answers

1 Answer | Asked in Collections for Georgia on

Q: I have had the same case dismissed twice without prejudice in the state of Georgia how many time can they refile

Samantha A Holloway answered on Apr 30, 2019

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 »

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Georgia on

Q: Judgement filed against me in GA license suspended. Filed chapter 7 what to do now?

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

Timothy Denison answered on Mar 25, 2019

Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.

1 Answer | Asked in Criminal Law, Banking, Collections and Landlord - Tenant for Georgia on

Q: $2,045.34 in rent paid by my debit card. Only had $1,820.28 available-Leaving a deficit of $225.06. Is this criminal?

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 »

Ecleynne Mercy answered on Mar 8, 2019

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.

1 Answer | Asked in Bankruptcy and Collections for Georgia on

Q: I have been served papers to appear in court for an outstanding medical bill.

Kevin M Rogers answered on Feb 27, 2019

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.

1 Answer | Asked in Collections for Georgia on

Q: I keep receiving phone calls from Synergetic communication Inc. about a debt to AIU that I never attended. Help!

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 »

Tim Akpinar answered on Jan 3, 2019

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 »

2 Answers | Asked in Divorce, Employment Law and Collections for Georgia on

Q: How can I modify a contempt order from a divorce decree to increase payments? Ex husband has recently gotten a job.

Homer P Jordan IV answered on Oct 4, 2018

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

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2 Answers | Asked in Divorce, Family Law, Child Support and Collections for Georgia on

Q: Childsupport enforcement let my ex husband close the case because I'll filed contempt charges against him for childcare.

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 »

Ellaretha Coleman answered on Sep 6, 2018

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 »

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1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on

Q: How should I handle the following military matter?

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 »

Angelina Bradley answered on Jul 10, 2018

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.

2 Answers | Asked in Child Custody, Child Support, Family Law and Collections for Georgia on

Q: It has been3 years since I have seen my children two of them was from an ordered no contact order is it legal for her

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

P. Justin Thrailkill answered on Jun 26, 2018

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.

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1 Answer | Asked in Child Custody, Child Support, Collections and Family Law for Georgia on

Q: Is it legal for a parent to continue to collect child support on a child who is living with the paying parent?

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".

Homer P Jordan IV answered on Jun 20, 2018

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 »

1 Answer | Asked in Criminal Law, Collections and Landlord - Tenant for Georgia on

Q: My HOA put a padlock on my water supply for delinquent fees, we have since paid all of the outstanding balance but they

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?

David Edward Boyle answered on May 16, 2018

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.

1 Answer | Asked in Family Law and Collections for Georgia on

Q: We were awarded judgement in small claims court . Now seeking to pursue wage garnishment. What steps/forms are needed?

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.

P. Justin Thrailkill answered on Mar 6, 2018

This is not a family law question. I would suggest reclassifying your question and asking it again.

1 Answer | Asked in Estate Planning, Collections and Consumer Law for Georgia on

Q: How to Explain a large deposite to a lender? It’s a gift from a friend.

Kenneth V Zichi answered on Dec 18, 2017

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 »

1 Answer | Asked in Child Custody, Estate Planning, Child Support and Collections for Georgia on

Q: Temporary child custody to grandparents because I am temporarily homeless and I brought my kids to them to have a home

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 »

William Head answered on Aug 13, 2017

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 »

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Collections for Georgia on

Q: I went to Little Rock Arkansas the week of June 19-25 I was supposed to get paid on July 10 but didn't. Now it's the 28

My company told me to go to Arkansas to go help out and I would get 10 dollars a hour for traveling fee and 12 dollars a hour for working there and I was supposed to get my money on July 10th so I could have my rent paid. I worked 72 hours and have a copy of my time card. It's the 28th now and I... Read more »

Mitchell Feldman answered on Jul 29, 2017

If you have exhausted efforts with company Hire an attorney to recover the wages. Simple as that. The money is owed under simple contract and Flsa does provide some basis for recovery

1 Answer | Asked in Child Support and Collections for Georgia on

Q: If i close my case with OCSE can i reopen it at a later date & collect arrears owed

Ocse is not forcing the NCP to make his payments. My child is 18 and his father is $10,000 in arrears. If i close out my case, hire a lawyer & it doesn't work out will i be able to reopen my case and still collect the arrears he owes

Regina Irene Edwards answered on Jul 27, 2017

The arrears doesn't get waived by you closing a child support case and hiring an attorney. The arrears will always remain until paid.

1 Answer | Asked in Immigration Law, Personal Injury and Collections for Georgia on

Q: Parents visited USA & father fell ill & landed into emergency.mother signed the form. who is responsible to pay bills?

Parents were visitors and father fell sick. Insurance might not cover everything. At the emergency room, there was a billing form on which mother signed and provided my address. Please let me know how should this handled. Father is retired and lives in India and mother is a housewife. Even if a... Read more »

Peter N. Munsing answered on Jul 6, 2017

You aren't liable. However your parents are. Check with the embassy to see what the procedure is. I don't see a small claims case affecting a visa.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Georgia on

Q: Does one have to pay a creditor that put the debt to profit loss

Nels Hansen answered on Mar 1, 2017

If the original creditor “charged off” the debt they are acknowledging that they have given up on being repaid on the original terms of the loan. The remaining amount is considered bad debt. This does not mean you do not owe the debt. This does not mean they have given up on trying to... Read more »

1 Answer | Asked in Consumer Law and Collections for Georgia on

Q: Can a collections agencies put a lien on my home for my son's debts, while he is living with me?

Paula J. Mcgill answered on Feb 20, 2017

Did you guarantee your son's debt?

Have you been sued for that debt and lost in court?

Is your son part owner of the house?

Does the debt relate to repairs or improvements to the house?

If the answers are no, I don't see how legally the lien can be placed on the...
Read more »

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