Kris K. Skaar’s Answers

Kris K. Skaar

Marietta Debt Collection Attorney.

Contributor Level 15
  1. CAN A MINOR BE MADE TO SIGN A LEGALLY BINDING DOCUMENT WITHOUT A GAURDIAN PRESENT

    Answered almost 2 years ago.

    1. Kris K. Skaar
    2. Scott Benjamin Riddle
    3. Rixon Charles Rafter III
    4. David Aaron Wiesen
    5. Daliah Brill
    5 lawyer answers

    There is some basis for you to question this because, generally, minors can not enter into contracts. However, it does not seem that this is a contract. Her signature is just proof that she was given notice not to return to the Mall. She should get an attorney as soon as possible to address the criminal charges.

    Selected as best answer

  2. CC issuer's Agreement says it's governed by laws of DE. Wouldn't the SOL of 3 years for DE apply to CC debt held by GA consumer?

    Answered 5 months ago.

    1. Kris K. Skaar
    2. Glen Edward Ashman
    3. Lisa Torelli McCue
    4. Justin Tharpe Holcombe
    4 lawyer answers

    I believe that most Georgia judge's will hold that the choice of law clause (i.e., "This Agreement is governed by the laws of the State of Delaware . . ..") only deals with the substantive law applicable to the agreement. Those judges will hold that Delaware substantive law applies to the agreement, but that Georgia procedural law (i.e., the statute of limitations, etc.) would govern the Georgia proceedings. But you never know what the judge will rule until you put the issue before the judge...

    Selected as best answer

  3. I paid off a c/card some 9 years ago but, every three years or so I get a new letter from a new law firm requesting the moneys.

    Answered almost 2 years ago.

    1. Kris K. Skaar
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    4. Carl H Starrett II
    4 lawyer answers

    First, you need to get a complete copy of the court file that has the judgment. This should be on file under your name (and the creditor's name) at the courthouse in the county where you live. Second, you should have this court file reviewed by an experienced debt defense attorney to see if there is any basis to challenge the judgment. (My firm offers a free review of such court files.) Based on the results of the evaluation, you can choose a course of action. There may be a way to...

    8 lawyers agreed with this answer

  4. The creditor I bought my acre from did not sign a court claim that was sent to him by the courts, Can he take it back now?

    Answered 7 months ago.

    1. Kris K. Skaar
    2. Robert M. Gardner Jr.
    3. Deborah Ann Stencel
    4. Dorothy G Bunce
    5. Ted A Troutman
    6. ···
    6 lawyer answers

    You need to consult with an experienced debt-defense attorney immediately. There are too many unknowns and variables for you to get any useful answers from attorneys posting on avvo.com. Any attorney trying to help you with this situation will need to review all the land sales documents (including any deed to secure debt that you may have signed) and the relevant bankruptcy documents. It sounds like your home is at risk, so I would not delay consulting with attorney, especially if...

    Selected as best answer

  5. Do Georgia Magistrate courts have jurisdiction to hear FDCPA counter-claims of $5k? P seeks damages of less than $1k.

    Answered about 1 year ago.

    1. Kris K. Skaar
    2. Brett D Weiss
    2 lawyer answers

    Georgia Magistrate Courts have civil jurisdiction for claims up to $15,000.00. Remember that if you have a good FDCPA case, there is never any reason for you not to be represented by counsel because the FDCPA specifically provides that the debt collector has to pay attorney fees in addition to damages.

    Selected as best answer

  6. Is an email from a debt collector regarding ADR protected under Litigation Privilege so as to not trigger FDCPA violation ?

    Answered almost 2 years ago.

    1. Kris K. Skaar
    2. Matthew Scott Berkus
    3. Constantine D. Buzunis
    3 lawyer answers

    Just a few comments. 1) Most main-line consumer collection attorneys in Georgia actually do send a letter before filing a civil action. I would anticipate that if you bring the claim that I think you are talking about (failure to provide 15 U.S.C. section 1692g notices), that the collection attorney will present evidence that it did send the notice before it started the collection action against you. 2) Look at the latest amendments to 15 U.S.C. section 1692g which post-date the 11th...

    Selected as best answer

  7. Is an email a legal contract for a debt settlement?

    Answered 2 months ago.

    1. Kris K. Skaar
    2. Matthew Scott Berkus
    3. Michael Roger West Jr.
    4. Glen Edward Ashman
    4 lawyer answers

    An email from Midland's law firm that sets out the settlement terms (combined with your proof of payment) is most likely sufficient proof an agreement to settle the case. Even if you have paid the settlement amount, I would still advise you to file a timely answer denying the debt (remember - Midland never gave you credit, it just showed up later trying to collect credit extended by Chase) just in case they are late in filing their dismissal.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. In relation to the Fair Debt Collection Practices Act I would like to know if I can sue Executive Arbitration Group

    Answered 4 months ago.

    1. Kris K. Skaar
    2. David Lloyd Merrill
    3. Glen Edward Ashman
    3 lawyer answers

    It sounds like you may have a Fair Debt Collection Practices Act claim. I strongly suggest that you speak with an attorney experienced in this kind of debt-related case. You should save all voice mails, all records of the calls, as well as any written or electronic communications that you have received.

    7 lawyers agreed with this answer

  9. Is a person liable for a judgment against him as a DBA in Georgia?

    Answered 6 months ago.

    1. Kris K. Skaar
    2. Glen Edward Ashman
    3. Brian Bennett Pastor
    4. Richard Glenn Elie
    4 lawyer answers

    If the judgment names the person individually, the addition of language like "dba ABC Plumbing" (just an example) does not change the fact that the individual is on the hook to pay the judgment. If the judgment only names "ABC Plumbing," then things are a little more complicated. I strongly suggest that you consult with an attorney about the exact wording of the judgment.

    7 lawyers agreed with this answer

  10. How long does a judgement lien on a property last in the state of Georgia?

    Answered 11 months ago.

    1. Kris K. Skaar
    2. Glen Edward Ashman
    3. Brett D Weiss
    4. Shaye Larkin
    4 lawyer answers

    A judgment lien, if properly filed, is good for seven years and can be renewed for successive seven year periods.

    Selected as best answer