James Marvin Feagle’s Answers

James Marvin Feagle

Decatur Litigation Lawyer.

Contributor Level 9
  1. I disputed the charge off billing statement from a creditor and have proof. If P takes 2 yrs to file Acct suit, will I win?

    Answered over 1 year ago.

    1. James Marvin Feagle
    2. Glen Edward Ashman
    3. Ashley Anne Digiulio
    3 lawyer 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...

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  2. Researching the FDCPA act I found several violation of my debt collector however it appears the SOL is one year of violation

    Answered 11 months ago.

    1. James Marvin Feagle
    2. Scott J. Klosinski
    3. Kris K. Skaar
    3 lawyer answers

    You are correct that the SOL is limited to one year from each improper action. You could potentially have ways to extend this deadline. For instance reporting an inaccurate amount is a violation of section e8 of the FDCPA. Often these debt collectors will report these inaccurate amounts monthly so your claim actually may continue much longer than a year. As to credit, you should be given the opportunity to show at the trial that the amount they are seeking is too high and show them proof of...

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  3. How do I know that a Statement of Claim against my deceased Father in Law Estate is valid?

    Answered 11 months ago.

    1. James Marvin Feagle
    2. Michael David Barber Jr.
    2 lawyer answers

    If you are the administrator or executor you have an obligation to pay valid claims of the estate. If this is the initial letter, you can request verification of the debt and if satisfied I would recommend paying it...or negotiating a settlement of the debt...as you will need to state under oath you paid the creditors in order to be discharged from liability. This verification request should be in writing and I would recommend getting a return receipt. If you are not satisfied it is legit or...

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  4. Recieved a response from a collection agency after sending letter of dispute.

    Answered over 1 year ago.

    1. James Marvin Feagle
    2. Crosby Scott Connolly
    3. Matthew Michael Loker
    3 lawyer answers

    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...

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  5. How can i sue my ex over a unpaid phone bill if i dont have his address or know if he has a job?

    Answered over 1 year ago.

    1. Ashley Anne Digiulio
    2. James Marvin Feagle
    3. Glen Edward Ashman
    4. Michael J Corbin
    4 lawyer answers

    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.)...

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  6. Small Claims court -What would I need to show judge if I'm filing for bankruptcy and have plaintiff listed as a creditor? Thanks

    Answered over 1 year ago.

    1. Gregory Howard Wiley
    2. Kenneth Allen Parker
    3. Dorothy G Bunce
    4. Glen Edward Ashman
    5. Tim A Pribisco Jr.
    6. ···
    8 lawyer answers

    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...

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  7. Can you get arrested for being late on a payment over a hospital bill?

    Answered over 1 year ago.

    1. James Marvin Feagle
    2. Guy Irvin Wade III
    3. Stephen M Trezza
    4. L. Maxwell Taylor
    5. Seyed Abbas Kazerounian
    5 lawyer answers

    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.

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  8. I have a state and fed tax lien against me, if I get married, will the IRS go after my husbands salary or tax return money?

    Answered 11 months ago.

    1. Glen Edward Ashman
    2. James Marvin Feagle
    2 lawyer answers

    They definitely can't go after your husbands income. If you do open a bank or other financial account together, and it is garnished by the IRS, you can make a Claim and argue that the portion you have contributed should not be disbursed to the IRS. I realize that the convenience of a mutual checking account is key and I would suggest using a local bank or credit union with only a few branches so that it will be difficult for them to track your accounts if you do open one together. I would...

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  9. Should and will my credit score be affected by unpaid medical bills reported on my credit? Please eloborate

    Answered over 1 year ago.

    1. James Marvin Feagle
    2. Scott Benjamin Riddle
    3. Glen Edward Ashman
    3 lawyer answers

    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...

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  10. How do you stop a continuing garnishment from a third party collection lawyer on a credit card.I live in Georgia?

    Answered over 1 year ago.

    1. James Marvin Feagle
    2. J. Jeffrey Williams
    3. Glen Edward Ashman
    3 lawyer answers

    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

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