Skip to main content
Kris K. Skaar

Kris Skaar’s Answers

1,183 total


  • How does pro se defense properly object to the use of hearsay in court under the new GA Evidence Code?

    A Plaintiff used hearsay (which began when the uniformed officer who took her initial complaint wrote the incident report using the hearsay account of a party not present at the time of the report which, in fact, was a complete fabrication by the ...

    Kris’s Answer

    Since your freedom is at stake, you really need to retain an attorney. It sounds like you lost a probable cause hearing and your case will now go into the hands of a prosecuting attorney. You really need experienced counsel that you can rely on to handle all aspects of your case - including how to object.

    See question 
  • How do I get a judgment off my credit report that doesn't belong to me?

    I want to move but I have found a judgment on my credit report that has my last name but not my first name. I used to live in the apartments in 2008, but this person was evicted in 2011. I'm not sure how the lawyer for the apartments mixed up our ...

    Kris’s Answer

    Your problem is very common. It seems like some credit reporting agencies have trouble with confusing the past residents of apartment complexes for one another.

    You should speak with a consumer protection attorney right away about the dispute process. You could receive valuable input from such an attorney because this misinformation may be in multiple agencies. Most consumer protection attorneys offer a consultation and document review at no cost to the consumer. If there is a viable case, the federal law governing credit reports provides that the defendant has to pay for your attorney.

    See question 
  • Should I contact them and ask for verification of the repo or should I just not respond and try to wait for the SOL to run out??

    I defaulted on a car loan in April 2010. The car was repossessed in 2012. It is now Jan 2016 and to my understanding the GA SOL is 6 years meaning that in April of 2016 the lender/collection agency can no longer sue correct? Well I finally receive...

    Kris’s Answer

    Is the "collection notice" from a law firm or just a collection agency? If it is not from a law firm, then that indicates that there will probably not be lawsuit anytime soon.

    As a general rule, I don't think that it ever hurts to ask for verification.

    The Georgia Court of Appeals held within the last few months that the most common form of car finance was subject to only a 4 year statute of limitations. Whether your situation is governed by 4 years or 6 years will depend on the specific documents in your case.

    See question 
  • What can I do

    I have people calling saying I owe money from 5 years ago from a payday loan but I payed it back but there taking me to court

    Kris’s Answer

    This is more likely than not a scam. The payday lending industry is rampant with data theft. If you ever took out a payday loan (even if you paid it back), you will probably get calls like this periodically for the rest of your life.

    I have never heard of any of these type of callers ever acting on their threats. I suggest that you let these callers talk with your voice mail (or answering machine) whenever they call. You can't really stop them from calling, but by ignoring them, they will stop the calls sooner.

    If you could ever find these callers, then you would probably have a good FDCPA case against them.

    See question 
  • Can I call my creditor to stop a lawsuit?

    I recently received letters in the mail that a creditor has filed a lawsuit against me for a 7 year old credit card debt. I do not want them to garnish my wages, nor do I want to file bankruptcy . I am a single parent with one child, with no supp...

    Kris’s Answer

    You should definitely speak with a consumer protection attorney about this. The lawsuit does not really stop until you have prevailed on your defenses or worked out a settlement by negotiation. A call to the creditor or its attorney will not stop the lawsuit.

    If by "7 year old credit card debt," you mean that the debt was in default 7 years ago, then you should never have been sued in the first place and you should have a complete defense. There may be other defenses as well, which is why you need to speak with an attorney. Having a defense means nothing if you (or more likely your attorney) don't properly defend the case in court.

    See question 
  • What would his next course of action be?

    My brother has experienced identity theft from someone in Florida, involving an educational loan through Navient. He has provided for Navient the paperwork and information requested, as well as, submitted a police report, contacted the FBI and oth...

    Kris’s Answer

    Your brother needs to consult with an experienced consumer protection attorney. There are numerous consumer protection laws that, if properly invoked, will offer him relief. There are laws that can deal with the collection activity, any credit reporting and the telephone calls. He should speak with an attorney licensed in his state.

    See question 
  • How long is SOL for collecting a credit card debt in GA?

    While out of town today I got a call from my fiance letting me know I had just been served papers by Midland to our house for a credit card debt from nearly 6yrs ago. I've looked online and found some things say SOL in GA is 4yrs and others say 6...

    Kris’s Answer

    Most judges in Georgia will apply a six year statute of limitations to a debt that started off as a credit card account.

    Service is good if the papers were left at your home with someone ("of suitable age and discretion") that also lives there. Under any circumstances, you cannot ignore this since the person that left the papers will no doubt fill out the service documents like he gave you good notice (whether he did or did not).

    The good news is that you will have good defenses to Midland's claims whether or not the SOL bars the claim.

    You should speak with a consumer protection attorney about defending you.

    See question 
  • How can a debt collector request an Alias Fi Fa when there is no previous judgement? Thank You

    I have received letters from a debt collection service regarding a debt from 1993. The debt is not mine and I notified them of this fact in writing via certified mail. They have now sent me a copy of a court filing requesting an Alias Writ of Fier...

    Kris’s Answer

    From the facts you describe, something is definitely wrong. You should have all the documents in your possession reviewed by an experienced consumer protection attorney.

    See question 
  • What do I do

    Hi my question is if a dealership sells you a car and the financial person says you need to make a certain amount a month and give you a certain amount for a down payment you Qualify sign the all the paperwork 3 weeks later they tell you the finan...

    Kris’s Answer

    There is no one-size-fits-all answer to your situation. I suggest that you speak with an consumer protection attorney that has experience in cases against auto dealerships. You can look for one at www.naca.net.

    See question 
  • Where do i go from here?(2)

    My stuff I found is still in garage in a box. Along with my items i found, I found a notary stamp(belonging to someone else), 3 gift cards with the paper card attached signed from me and my mother!, my credit card number and name wrote down w/ car...

    Kris’s Answer

    You may need to speak with an attorney. Some facts need to be clarified, and there are more facts that are needed.

    If fraudulent charges are put on anyone's credit card, it is imperative to dispute the charges quickly (and in any situation, within 60 days of the statement containing the fraudulent charges).

    If credit cards are opened without your permission, then that is a more complex matter.

    See question