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David Merbaum’s Answers

311 total


  • Should I have been told the court date after I was sued by a debt collector, if so who should have told me?

    A judgement was issued against me 4 years ago, I only found out about it when I decided to sale my home because there is a lien on it. The sale closing is set for 1630, 06/22/2015, should I not close and get and attorney or is it too late?

    David’s Answer

    As the first attorney said, if you were never properly served or failed to get notice of a trial date you may have a way to set aside the judgment. However, you did not state how much the judgment is for which is important because if you owe the money and the statue of limitations has not run, they can sue you again anyway. Also if the amount owed is small, it may be worth it to just pay it off rather than pay attorney fees to have it set aside. Any talk about bankruptcy is irresponsible especially in light of the absolute lack of facts to even think about filing and having something effect your credit for 7 years, See an attorney, tell them all the facts and get good, proper, advice.

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  • How may I prove that I am not the person that is being sued by bank, if real defendant and I have same name and birthday?

    I found out this morning "I am" being sued by Unifund CCR, LLC, as assignee of Citybank, NA. The defendant and I have same name and birthday. How can I prove that is not me and that I've never even been a client of that bank? Amount is over 12 th...

    David’s Answer

    ask the plaintiff either via letter to via discovery to provide the social security number and credit application that they have to support the claim. When it does not match, tell them to dismiss the claim or you will seek damages for having to defend a frivolous lawsuit. Get an attorney

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  • What happens if you can not pay on a promissory note that lost prevention made me signed under stress

    Retail department store promisarry note signed

    David’s Answer

    If you owe money under a note you can be sued.

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  • I need help with a collections agency.

    I received a collections notice January 14, 2015 for $2,117. I immediately called to find out what the charge was for and was referred back to my doctors office. After certified letters to both the collection agency and the doctors office, I was...

    David’s Answer

    You cannot stop them from suing or refusing to take a payment plan. However if they do sue, they most likely will sue in small claims court. I am cutting and pasting a very seldom used provision in the code that may assist you with this matter. You may want to tell the collection agency that you will use this provision in court so they might as well take your payment plan. § 15-10-46. Ordering deferred partial payment of judgment

    (a) When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is fully and completely satisfied.

    (b) The judge of the magistrate court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby, not to exceed 10 percent of each payment.

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  • Georgia Lien Waiver. Do you have to file a pre-lien notice? If so how many days?

    If we did not file a pre-lien can we still file after 30 days?

    David’s Answer

    A Preliminary Claim of lien is one thing, a Notice to Contractor is another thing, a lien waiver is yet another thing, and a claim of lien is something else as well. There are times when in order to have lien rights you have to send a notice to contractor. There are times when you can lose lien rights if you sign a waiver and do not undo it via an affidavit of non payment within 60 days after signing the waiver. So...ask a specific question about this topic and a construction attorney will give you an answer. Also, liens are due within 90 days after the last date of furnishing labor or materials, so I have no idea where you get this 30 day thing.

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  • Signed a roofing Contract then job req changed& a second contract was sent but didn't sign. Are we still bound by the first one?

    We signed our initial roofing contract then wanted to change the scope of work so an additional contract was drawn up to over ride the first contract with all the additional new details plus all the original scope from the first contract, but we d...

    David’s Answer

    Roofing contracts are governed by very specific provisions in the Georgia Code, as is the behavour of the roofing company... so if you are looking for an OUT of the contract, you may want to get an experienced attorney to review the contract to examine your rights.

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  • If my apartment management fails to bill me for my bundled rent/utilities, can they charge me a late fee?

    The management of my complex sold out to another company moths ago. Since then, the bills have been late every month. For fear of being charged a late fee, I have been dropping the base rent and a letter asking for my bill. They never reply to my ...

    David’s Answer

    If the utility amount changes every month so you need a bill to know what to pay then you should not be assessed a late fee if you do not pay it on time, unless there is something contrary in the lease. Talk to the office and explain what is going on, and put something in writing to create a record. When the lease is over and they try to assess against the security deposit, you should object. I doubt they would file a dispossessory over such a small amount

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  • Why lawyers do not return calls?

    Is it a norm that lawyers do not return calls? I have a defer adjudication case and I am trying to get some relief after case -currently on probation, but lawyer who handles case few years back will not return calls? Is this because he feels no h...

    David’s Answer

    I think you are just venting as opposed to asking a question, which is fine. Most attorneys try to return all calls promptly and sometimes for whatever reason, they do not do so. However if this is your current attorney and he is representing you, he should call you back, if not, maybe you need to just retain another attorney.

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  • If you cannot serve a defendant and she has an attorney can you serve the defendants attorney.

    the defendant wont answer the door

    David’s Answer

    if the sheriff cannot perfect service you can try to mail the complaint and summons with a special notice that requires the defendant to accept service and if they refuse within 30 days then you can get back all costs incurred in serving the defendant. I suggest you see an attorney to try this option. You could also see if the attorney would acknowledge service for the defendant. worth a try

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  • So what is normal wear and tear? Can management demand I do things that were not mention in the lease?

    Management is stating that the entire interior of the apartment had to painted. I asked why they or myself couldn't just do small touch ups with a brush. They stated the walls would not match, the new spots would show. The carpets show ve...

    David’s Answer

    The landlord was required to do a final walkthrough as well and send notice within 3o days that they are holding the deposit and why. If you disagree with charges then if they Landlord sues, you can file a counterclaim or if you want to beat them to the punch, sue for failure to return the deposit, depending on the facts and if you win you could get attorney fees and the landlord might be prohibited from getting anything against you and you could get 3x the deposit as damages.

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