Georgia Debtor And Creditor Legal Questions

According to the due process clause of the U.S. Constitution, no one can be deprived of life, liberty, or property without the due process of law.  That means that a claimant must sue first and give the debtor the opportunity to defend herself.  If there is a judgment, they can collect on that by taking property.  Some states have a very good homestead exemption which would protect her home.  I don't know what Georgia's exemptions are.  Your mother could consider a bankruptcy to eliminate the debt and should consult someone in her area. If the person who called was a debt collector, they could be liable for violation of the Fair Debt Collection Practices act as is prohibits harassment and false statements.  ... Read More

Typically, when money is put away in a trust, the drafting attorney will include language that protects it from creditor's like yourself. When I draft trusts or wills, this language is always included. This is commonly refereed to as a "spendthrift trust". This is one of the many reasons that trusts are relatively popular. There are various ways to attack the trust, but you need a copy of the trust document. To find out if the language is included, you will have to file a suit against him and force him to provide the trust document. Once you have analyzed the trust document you can then decide if you can move forward with your claim.  These things need done with an attorney. I would talk to a New Jersey attorney as that's where you both live. ... Read More

When a person files for bankruptcy they are protected by federal law from any and all efforts to collect a debt. This protection is called the automatic stay. If you take any action regarding the money they owe you, or try to throw them out, you could be violating the automatic stay. Violating the stay will led to harsh monetary penalties being brought against you. Take no action until you've had time to speak to an attorney! You do have recourse though. You should hire an attorney and seek to have the automatic stay lifted. Once the stay is lifted you can proceed with your court action to get them out. Do not wait until the upcoming "court" date. Most likely this is not an actual court date but is actually what is called a 341 meeting. You will not find any relief at that meeting. The automatic stay can only be lifted if you hire an attorney and make it happen. Otherwise you will have to wait 90 or more days (even longer if it is a chapter 13) for the bankruptcy to run its course. Bottom line, you have some options, but you need a lawyer. Now.... Read More

Its hard to tell, but it sounds like you were under the impression that an employer has to repay an employee's student loan. That is not the case. A student loan is a private contract between you and the lender. An employer is not going to be responsible to pay those loans. If an employer as a benefit of employment has a policy of paying student loans, that program is governed by the company policy.  Unless the company is violating there own policy or not paying for some discriminatory reason, you likely don't have a case. This is not legal advice and no attorney client relationship has been established. ... Read More

If you are not on the debt, you sill not be responsible for it.  With that said, if you are cosigned on the debt, you are responsible.  Also, if you have joint assets with your Husband, the creditors can go after those assets.  If you have any joint bank accounts, I would sperate your money into your own bank account, this way you will not get garnished. ... Read More

No, a collection company has to file a complaint and serve the defendant via personal service in order to obtain a valid Judgment.  It is possible to serve a complaint via publication if personal service could not be obtained but the Judgment would not be valid and could be attacked.  As far as docking pay without notice, yes once the judgment is obtained then the collection company can file a wage garnishment.  The wage garnishment is first served on the employer and then notice is required to be sent to the judgment debtor.  See O.C.G.A. 18-4-60 et seq.  If proper notice was not given, it may be possible to attack both the Judgment and the Garnishment.  Please feel free to call me if we can be of further assistance in this matter. Beth E. Rogers ROGERS LAW OFFICES 770-685-6320... Read More

Once a creditor has a judgment, it can garnish a Bank account by serving a garnishment summons and affidavit on the Bank.  Notice is only sent to the judgment debtor (you in this case) after the Bank is served with the garnishment.  You can contest the garnishment by filing a traverse in the garnishment proceeding before the funds are disbursed by the Court.  O.C.G.A. 18-4-93.  However, the garnishment court will not consider whether the Judgment is proper or not proper.  O.C.G.A. 18-4-65.  The validity of the Judgment must be attacked in the court which issued the Judgment.  In other words, unless it is already too late, you would have to both seek to have the Judgment undone in the Court that entered the Judgment and traverse the garnishment and seek a stay pending the outcome of the action related to the Judgment.  Please contact me if you need further assistance in this regard. Beth E. Rogers ROGERS LAW OFFICES 770-685-6320... Read More

You would need to bring an action to remove the lien.  Sometimes this is a called a "quiet title" action.  More details would be needed to determine what claims you may have related to the fraudulent lien and the procedure for removing it.  You should consult with an experience real estate attorney regarding this matter. Beth E. Rogers ROGERS LAW OFFICES 770-685-6320... Read More