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Kevin Joseph Pratt
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Kevin Pratt’s Answers

42 total


  • Being sued over debt from 1st Franklin Financial and unsure how I should file my Answer form without admitting full liability

    Relatively small amount (less than $2000); I defaulted on a loan as I could not make payments, so technically it is a legitimate claim; I make less than 30 times GA state minimum wage weekly and cannot afford to pay back the total sum in question;...

    Kevin’s Answer

    Do a free consultation with a local attorney who knows Civil Defense and also Bankruptcy Law. If you want to settle on your own, get it in writing, they may take $25 a month. Do not sign a consent judgment.

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  • I was charge with accessory to theft for a crime I didn't do how can I get this case dismissed?

    My friend asked me if I wanted to ride with her to the store and I agreed to ride with her but when we got to the store we got stopped because they caught her stealing and now they think that I was stealing as well but like I explained to the offi...

    Kevin’s Answer

    Definitely consult with a local attorney. It is a hassle and it will cost you a little, but you need an advocate on your side to protect your rights

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  • If I take a post dated check for 4 years and he does not honor it, how hard would it be to collect?

    It is probably the only way I can try and get my money.

    Kevin’s Answer

    Collecting in the checks could be difficult. However, they are evidence of debt, and extend the statute of limitaions. A promissory note may accomplish the same result. A promissory note also eliminates the issue associated with you accepting a check you know is not good. A suit on a promissory note also has fewer defenses.

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  • Do I need a lawyer?

    I was arraigned for a misdemeanor Pos of marijuana under an oz in November 12 and pled not guilty and got a trial by jury. I was to be notified after January 1, 2013. I still have not received any notification. Will the statute of limitations run ...

    Kevin’s Answer

    With all due respect to the other attorneys that have responded to this question, you indicated that you have already plead. That means the case has already been charged. Once the case has been charged the statute of limitations stops. No the statute of limitations will not run out. However, you still have a constitutional right to a speedy trial. The Georgia courts have held that 38 months from arrest to trial was a violation of the right to a speedy trial, but they also stated that each case must be reviewed based on it own facts.

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  • What type of criminal defense attorney do I need that specializes in defending TPO?

    Most criminal defense attorneys seem to advertise DUI, DWI - what type of attorney do I use for defending against TPO/TRO?

    Kevin’s Answer

    A local criminal defense attorney is best. If the TPO is between spouses, you might want a divorce attorney.

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  • Will filed Chapter 7 in petition status stop a landlord who evicted me from receiving judgement for back rent?

    I filed bankruptcy after receiving the civil paperwork for back rent. I have already been evicted and removed from the premises I did not answer due today, I did not have the $30 to answer. 341 Meeting on 08/18/2014. i filed 07/08/2014. Will he be...

    Kevin’s Answer

    You bankruptcy attorney should have contacted the plaintiff and had the case stayed or dismissed. Any judgment obtained after the date of filing a bankruptcy case that ultimately obtains a discharge, is void "ab initio". Void from the beginning.

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  • What should/could I say?

    First time getting into trouble (arrested) was theft by shoplifting once out put on probation (first time ever being on probation) but got locked up for violating probation (not reporting or paying) court date is on the 21st he keeps asking me to ...

    Kevin’s Answer

    It sounds like you have a friend that is on probation and the friend is asking you to lie for him. I think you know the answer to your question. No way. He is trying to make his problem your problem. If you actually took him to probation and he was there to pay, fine. But that is not what it sounds like.

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  • Person on probation but cannot pay the fines, can he go into jail everyday and serve 8 hrs and be released?

    says he cannot pay fine so probation officer gave him the option to serve 8 hrs in jail and be released every day until he can pay. Is that even possible or option in clayton county, ga?

    Kevin’s Answer

    Interesting question. I cannot tell if you want this option or if you are worried about the threat from the probation officer.
    You cannot be violated for not having the money. In most cases, a Judge can convert the sentence to jail or community service rather than pay a fine. Unless it is part of the original sentence the probation officer cannot change the sentence of the Court. That does not mean the PO will not change the sentence and provide the Court with a report of probation compliance. Ask the probation officer if the offer to do jail time for the fine is approved by the Court.

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  • Can a HOA put a lien on our house.

    we bought this house in 3/2010 we wasn't told about the HOA. In 2011 we put up burgular bars and security doors. The this summer we start getting letters about there not allowed and we need to remove it by 12/9/2013. I think if it wasnt allowed th...

    Kevin’s Answer

    The statute of limitations for an HOA violation is 4 years. Although, I have Defended HOA cases in which the covenants and restrictions were found invalid, it is rare. You should ask for a copy of the covenants and restrictions and verify that your property is included. Yes, you may need an attorney for this. Otherwise, you can simply correct the claimed violation and avoid the possibility of being fined by the HOA. The Georgia Supreme Court has already held that a fine of $25.00 per day is fair and reasonable. Good Luck.

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  • Will trustee take this old return ? i have discharge but case is still open?

    had fraud in 2010 stating someone turned in a 1099 for me to a place i didnt work at, i have been fighting to get 4,000 dollar back from the irs. I just got a letter stating i will get the money back i just got discharge yesterday but bk is still ...

    Kevin’s Answer

    Was the claim for the tax refund disclosed in your schedules as a potential asset? If it was disclosed, was it listed as exempt? Those are the questions that have to be answered before I can answer your question. But... If is was listed and exempted, the trustee cannot get the money. If it was listed but not exempted, the trustee can get the money. If it was not listed then you would need to talk to your attorney about amending the schedules to list and exempt the asset. Since there is a very good chance it was listed and exempted, or you can amend to list and exempt the asset, there is a very good chance you will be able to keep the money.

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