Joycelyn R. Curry's Answers

What happens to the credit card debt of a deceased family member?

When a person dies, their estate, which usually comprises of whatever assets they left behind, is used to pay off any remaining debt. If a person dies with nothing, so to speak, then no one is obligated to pay the credit card debt and it dies with them. Be careful that you do not obligate yourself by offering to pay off the balance when the credit card companies call to inquire as to who will assume the payments. Always tell them to make a claim against her estate. Regardless of whether a...

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I am a rentor. I let a guest stay at condo I rent. I did not have permission from landlord. I want the guest to leave. How?

Under Georgia law he is considered a tenant but that does not mean you cannot have him removed from the apartment. In this case you will need to provide him with written notice to be out in 30 days. After that time period has passed you can then commence to the Courts to begin the eviction process. Keep track of all the rent that he was supposed to have paid during the four or five months; you are entitled to that back if there was an agreement to pay rent and he failed to do so.

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My Tenant Filed for Bankruptcy. We filed for relief from Stay, and the Judge favored us. Tenant left. Can i take posession?.

If the judge gave you an order of possession, a final written order should follow. If you do not have one, contact the court to locate it. However, if the former tenant is not still claiming possession, there is no reason you can not resume possession as you have proof of ownership.

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How can I sue the Mtg Broker who borrow 1,400 from me before we closed and advised me that she would repay me when our loan clos

More facts about the situation need to be learned before I could concretely state whether you have a claim against her legally. I would recommend you contact an attorney for a consultation to learn your options. In the mean time, check with the Georgia Board of Realtors about filing a complaint against her. This has a hint of a fiduciary duty breach to it. ****Disclaimer***The answers contained here are not intended to create any sort of attorney-client relationship. If you wish to...

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What impact does the Georgia's "Payday Lending Act of 2004" have on starting up a Payday loan business in Georgia?

The 2004 Payday Lending Act of 2004 made payday lending illegal. ****Disclaimer***answers provided on this site are not intended to create an attorney-client relationship in any way. If you wish to discuss this issue further, please contact our office privately.

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Breach of contract

Typtcally, the statute of limitations for a breach of contract is 4 years. You should discuss this situation in greater detail with an attorney to help you decide the correct option in this situation. Without viewing the written agreement, it is simply speculation where you should go from this point. Whatever you decide to do, just note that this will not prevent the car company from seeking funds from you via a lawsuit or other means of collections.

What assets can be collected in a deficiency judgement?

In short they can garnish all personal assets including wages and bank accounts. In Georgia they can garnish up to 25% of your pre-tax earnings. I agree with the previous poster that you should discuss this situation more fully with a lawyer before commencing with a short sale of a rental property. You may find yourself with unintended consequences when other options are available.

What can I do about losing money invested in a real estate deal now filing for bankruptcy?

Well the tax consultant would let you know what the tax consequences of this would be. As a bankruptcy practitioner, I would suggest you file a proof of claim in this matter so that if any payments are made to creditors you will be eligible to receive something. If you need to discuss this matter further, you may contact my office at 678-954-5677. The information contained in this answer is not intended to be treated as legal advice or to create a binding relationship between any of the...

Is it true that if you make too much money in Georgia you cannot file bankruptcy?

While there are income requirements, there are other elements to consider regarding whether you can file bankruptcy and which chapter would be appropriate. I invite you to contact my office to schedule a consultation to discuss this issue in greater detail. My office number is 678-954-5677.

3 business partners versus 1

Hopefully before getting into business together you all drafted a partnership agreement. In that agreement, there should be provisions regarding the dissolution of that partnership. If not, there are state laws that can help govern but more information would be needed to fully advise you on this matter. If you would like to schedule a free 30 minute consultation please contact my office via the website below.