James Nelson Cline’s Answers

James Nelson Cline

Roswell General Practice Lawyer.

Contributor Level 3
  1. How do I respond to a judgement lawsuit?

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. James Nelson Cline
    3. Robert M. Gardner Jr.
    4. Michael Jason Rhoades
    4 lawyer answers

    You did not state what state you are in. Georgia has a six year statute of limitation for credit card debt. Chase may have charaged off the debt is what most likely happened in this case. Midland is the owner of the debt. Fred J. Hanna & Associates has had the problem but all of that is behind them. You also did not mention whether or not you had actulally opened the account. Georgia case law states that the fact that you did not sign the credit card agreement is not relevant and is not a...

    3 lawyers agreed with this answer

  2. Can the credit union take money from my checking account to pay a credit card?

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. Dorothy G Bunce
    3. James Nelson Cline
    4. Irwin Alice Magevney
    5. James Portman Webster
    5 lawyer answers

    Under normal conditions the credit union would have the right to do what they did. Assuming that you completed the petition for the Chapter 7 correctly by disclosing the debt and the checking account, thus putting the credit union on notice, the automatic stay would have prevented this action. Your attorney, assuming you have one, should be informed about this so that he/she can notify the trustee.

    2 lawyers agreed with this answer

  3. I cant find my ex husband and have prop together an i pay the taxes. How can i get his name off the deed. Last address. is min

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. James Nelson Cline
    3. Joseph Wrobel
    4. Walter C Oney Jr
    4 lawyer answers

    You would be legally liable for the taxes regardless of whether or not you can find your ex-husband. If the property is sold on the courthouse steps you won't to worry about finding him. As one attorney stated, find your divorce decree and settlement agreement to see if you got the property or if your ex got the property. If you got the proprty, then you need to seek the aid of the attorney that handled your divorce and find out why he did not transfer the same to the proper party. Find...

    2 lawyers agreed with this answer

  4. My decesed fathers property was conveyed to me and his girlfriend as instructed in his will. I have lived there all of my life

    Answered over 2 years ago.

    1. Loraine M. DiSalvo
    2. Richard Michael Morgan
    3. Glen Edward Ashman
    4. James Nelson Cline
    4 lawyer answers

    Your dad has the right to give his property to whomever wishes regardless of whether you have lived there or not. The will controls unless you can prove undue influence on your father to give the girlfriend her interest in the property.. You have not given enough information here to form a proper answer. Sounded as though you feel your father should have left you the entire estate. Jim Cline

    2 lawyers agreed with this answer

  5. I have a collection attorney who has filed a lawsuit for credit card debt, what is the SOL for this in GA. Also FDCPA violations

    Answered about 2 years ago.

    1. Glen Edward Ashman
    2. James B. Hernan
    3. James Nelson Cline
    4. Robert M. Gardner Jr.
    5. Eric Sapir
    5 lawyer answers

    The SOL for creddit debt is 6 years from the date of charge to the card. As is the casse you have left out a lot of information that is needed to answer the question. You had a duty to respond within 30 days after the filing of the suit. The creditor had a right to serve you at the latest known address on record for you. If the lawsuit reached your parents, then they should have notified you of the service. At some point you, you got notice of the lawsuit and a response was required. The FDCPA...

    1 lawyer agreed with this answer

  6. What law/act requires disclosure of assets for both spouses when only one of them file bankuptcy?

    Answered over 2 years ago.

    1. James Nelson Cline
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    4. Sheila Dawn Norman
    4 lawyer answers

    All jointly owned assets and liabilities have to disclosed for obvious reasons Always exercise caution when completing standardized forms. Your best bet is to engage the services of someone that has the necessary skills to complete the paperwork as it should be before submission to the court. There are non-lawyer groups that can help.

    1 lawyer agreed with this answer

  7. How do you get an expedited hearing on Determination of Automatic Stay in Bankupcty delayed?

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. James Nelson Cline
    3. Walter C Oney Jr
    3 lawyer answers

    File a motion. In your situation a telephone call to the court might be wise move. Contact a bankruptcy attorney fast.

    1 lawyer agreed with this answer

  8. In Georgia, can we collect pre-bankruptcy HOA fees?

    Answered over 2 years ago.

    1. Robert M. Gardner Jr.
    2. James Nelson Cline
    3. Lesley Annis
    4. Mitchell Paul Goldstein
    4 lawyer answers

    The question for you is whether or not the debtor listed your HOA on his schedule of debts. Generally no action can be taken on pre-petition debt, even if a priority, during the bankruptcy and no action can be taken on this post bankruptcy if the debt was discharged as part of the bankruptcy. I would need to see your HOA covenants to fully answer your question in that generally the covemants create an automatic lien on the property and gives you rights other creditors don't have. I suggest...