James Marvin Feagle’s Answers

The short answer is no if you wish to prevail on a theory that either too much time has passed or the creditor had a duty to validate the debt before they filed a suit against you. The suit appears to have been brought timely as the statute of limitations is 4years for an account stated. If it is a credit card, the statue is 6 years. With regard to your notice 2 years ago, the Federal fair debt collection practices act's requirement to validate a written dispute only applies to collection...

Unfortunately, the old statments may be sufficient verification under the FDCPA. Did they contact you at all during the three month period between your letter and their sending you the verification? If so, there could be an FDCPA violation. The rep does not likely have a signed copy of a contract. Probably no one at the collection agency does. If you are sued you should speak to an attorney. We would be happy to give you a free consultation. THe lawsuite are defensible and often fees...

From a practical standpoint it probably is not going to be very productive taking him to court over his portion of the $1000 bill. The filing fee in Magistrate court plus service cost is around $100, plus there is time involved in going to court, sometimes several appearances. Finally, once you have a judgement, that does not mean he is going to voluntarily pay. You would have to do either a regular garnishment (of a bank account) or a continuing garnishment (of his wages if he is working.)...

One additional point that should help you with timing. Since you are in Atlanta, most of the metro Magistrate Courts, and those in both Fulton and Dekalb, will allow you a continuance if the case has not been previously on a calendar. You may be able to get this by going to the court prior to the hearing and making the request. If not, you likely can annonce at the calendar call your intention and request that the court continue it until the next available calendar. This will likely buy...

Absolutely not. There is no debtor's prison in the US. I would just contact the billing office of the hospital or the debt collector and explain the hardship. If a collection agency makes a threat to prosecute your husband criminally, that would violated the Federal Fair Debt Collection Practices Act and subject them to statutory damages and attorney fees. Because of the nature of arrest threats, it may also provide actual damages. Good Luck.

They can report medical debt. You can always try and settle the account when you are able. At the time of settlement, I would make deletion of the adverse tradeline a condition of settlement. Most of the company's reporting the debt are not the actual medical providers, so they likely will do this in exchange for payment, particularly payment in full. If they report a debt inaccurately, you may have a claim under the Fair Debt collection practice Act. If you get any calls from...

Bankruptcy may be an option if the financial crisis of the garnishment is to great. Sometimes you can strike a deal with the collection attorney that can avoid bankruptcy. You may also be able to traverse the garnishment if there is a problem with the underlying judgement, such as bad service. Feel free to call me if you would like to discuss this further. I am often able to help people in your situation out without resorting to bankruptcy. Jim Feagle

The attorney collection on credit card debt is subject to the Federal Fair Debt Collection Practices Act. If he speaks with you directly, he is free to ask you about employment, salary info, social security number, etc., but you are not under an obligation to answer him. They are allowed to contact your employer for the limited purpose of attempting to locate you. They should not disclose personal information or ask co-workers or supervisors personal questions about you or do anyting to...

Let me suggest one possible way of dealing with this. Approach him and directly ask him if he is still on to have you paid back by the March 10 deadline. If so, leave it alone till then. If not, ask him why and come up with a plan to get you paid back even if it is over time. If he is unwilling to confirm the deal is still on or if he expresses doubt and wont make a plan. Then you are at the litigation crossroads. The filing fee and service costs are going to be approximately $100 in...

The collection agency will likely not be able to sue you directly although the original creditor might. Under the FDCPA, the suit they bring would have to either be brought where you signed the contract or where you live now in Georgia. If the evidence is objectively correct that you don't owe it, and you have disputed it with a bureau that is reporting it, then you very well may have a claim under the Federal Fair Credit Reporting Act. A successful claim may have the ability to...