Yes, They can repo if only 1 day late. The only way to prevent this is if you are behind, you either file bankruptcy or try to come up with the money to get your car back.

The statute of limitations only applies to the debt. A creditor for a credit card debt or any junk debt buyer has 6 years from the date of your last payment to sue you. If you have been sued and a judgment was already entered, the statute of limitations does not apply.

Judgments in GA, as... View More

Statute of limitations begins to run as soon as a right to sue can be maintained. Generally, if you are making payments then stop it will run from the date of your last payment.

However, the statute is tricky - there are all kinds of other issues. I have not seen the note and I don't... View More

If you were served with a summons then you have already been sued. You have 30 days to answer or else the creditor will get a judgment against you for $40,000. You should not be negotiating with a collection agency or even the creditor who sued you but with legal counsel.

$10,000 on a... View More

You pay the law firm who is suing you on behalf of the client. What kind of debt is it? Who is the law firm? How much is sought? Would the creditor/law firm be amenable to settling the debt for something less than 100% of what is sought?

Please contact me at rachelforjustice@hotmail.com... View More

You pay the law firm who is suing you on behalf of the client. What kind of debt is it? Who is the law firm? How much is sought? Would the creditor/law firm be amenable to settling the debt for something less than 100% of what is sought?

Please contact me at rachelforjustice@hotmail.com... View More

Pensions that are qualified under the Employee Retirement Income Security Act of 1974 (ERISA). These are exempt by law. However, if you file bankruptcy, then GA law provides greater exemptions. Below is the relevant GA law; note that it ONLY applies in bankruptcy.

If you have a judgment... View More

No, because you discharged the debt in your chapter 7 unless you signed a reaffirmation agreement. Confirm this with your bankruptcy attorney.

First, if you are disputing, why did you send in a payment? Did you pay the full balance asked for in the collection letter or did you make up an amount that you thought you would pay and just sent it in?

If you are trying to be clever and do an accord and satisfaction, I don't think... View More

I don't understand how you "helped" your friend get an apartment if the signature was forged on the lease. Either you agreed to be responsible or you did not. If you did not agree to be responsible and your signature was forged, then you need to fill out a police report. Once you... View More

What rights? Why don't you ask what responsibilities you have. The answer will depend on your "help" and whether you signed any documents.

If you acted as a co-signer, then you are liable for the debt. Co-signing is a bad deal and it was a red flag if your friend needed a... View More

You do not provide enough details. What do you mean by the "mortgage company wrote it off." When was this? Why? Did you get a 1099c? Who is pursuing you now if so?

Depends on your circumstances, but your options are: (1) file bankruptcy; (2) try to defend in litigation if you... View More

No. Go to my website - I wrote a brief article on this: http://www.rachelhunterlaw.com/articles/article_9_Pay_DAY_Lending.html

GA has a law - payday lenders have to comply with the law if they want to be able to collect their higher rates. Few lenders bother to comply with the GA... View More

It isn't illegal. If the creditor froze your bank account, it can only mean that a judgment was entered against you. Your post does not indicate when the judgment was entered.

You also indicate that you paid the account in 2011. What proof of payment do you have?

What I would... View More

Yes you are. Why would you think otherwise? To the extent there is any good news here, the deficiency is like any other unsecured debt which means that it can be settled.

I would use the time, if you have it, to start building up a pool of savings so that if and when you are sued, you... View More

Yes, if you bank at a multi-state bank that has branches in Georgia and a valid judgment has been entered in Georgia. Whether your retirement can be seized is a separate question.

For bankruptcy law purposes, retirement is exempt. But bankruptcy law exemptions only apply in bankruptcy. In... View More

6 years.

§ 9-3-24. Actions on simple written contracts; exceptions

All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of... View More

Yes, if authorized by the agreement. Many credit card agreements and personal loan agreements authorize recovery of collection costs and attorney fees.

See my article at my website rachelhunterlaw.com for a brief discussion of payday lending in GA. The statute of limitations will soon run out assuming this is a legitimate payday loan. Payday loans are regulated in GA and if the lender was not registered in GA then the lender is precluded from... View More

You have to comply with the process for domesticating a judgment entered by another state or the federal government. Usually, the judgment has to be filed in Georgia and notice of the filing has to be given to the debtor.

This is not something you do on your own. Many lawyers are happy to... View More