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J. Jeffrey Williams
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J. Williams’s Answers

280 total


  • Am i still on the hook to make payments on a financed TV that was stolen in a burglary?

    My apartment was burglarized and several electronic goods stolen. I still got payments left on my TV but since it was stolen would I still be held liable? Is there a case I can make to help my situation in any way?

    J.’s Answer

    Yes, you are still liable. You still owe the money, and the creditor has the right to try to collect it if you stop paying.

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  • I received an "Affidavit In Support Of Request For Writ Of Fieri Facias" today. What do I need to do?

    I had a car repossessed in 2010. After the car was sold at auction by Lien holder, it left a balance of $3300. I eventually set up payments due to a judgment but I lost my job several months later. I sent a request to Plaintiff's lawyer and Magist...

    J.’s Answer

    We'd have to see it to say for sure, but it sounds like they're preparing to try to collect from you, by garnishment of your paycheck or bank account, or by placing a lien on your real estate, or (much less commonly) even by seizing and auctioning off anything you have of value, such as a paid-off vehicle. A "Writ of Fieri Facias", also called a "FiFa," is a document the creditor gets from the court, based on an underlying recorded judgment, which can then be used with no further hearing to authorize a garnishment, lien, or seizure. The "Affidavit" is probably in support of a request for a FiFa based, not on the amount of the original judgment, but on the amount still due after you made payments for a while.

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  • Do we have to pay our property taxes if we are letting our home go into foreclosure? Can they garnishee our Disability checks?

    My husband & I live on our 2 Disability checks & this is our only source of income. We still owe for the current & last years too property taxes but they have made arrangements with us to let us pay $25. to $50. monthly which we are doing now. We ...

    J.’s Answer

    In the current market, it is not unusual for banks to take their time foreclosing after you stop paying your mortgage. I have heard of many cases of banks not foreclosing for even a year or two after payments stopped. In addition, banks are often very slow about evicting you even after foreclosure; this is because they would rather have a house occupied and looked after than empty and vandalized in a time when there are so many foreclosure homes for sale. Therefore, to answer your question, it may very well be possible that your house would be eligible for tax sale before foreclosure begins. If that is the case, it would be better to keep paying your taxes until you are actually evicted, to maximize the "free rent" you may very well receive from the bank. However, if the bank forecloses and actually evicts you quickly, there is no point in paying more taxes. Either way, disability checks can not be garnished; if you ever get a notice of garnishment, immediately inform them that you're only income is from SS disability.

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  • Can I fight this?

    I have had a finance company file a civil lawsuit against me about a vehicle that tore up on me. I advised them to come get it but they refused. Now they want the whole amount of what I owe on the vehicle.Can I fight this in court?

    J.’s Answer

    There are no grounds to dispute the debt from what you wrote. However, you could call the law firm filing the suit (better yet, hire a lawyer to do so, depending on how big the debt is), and ask if they would agree to a "consent order" in return for a payment plan. But they do not have to do this.

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  • Statute of limitations for credit card debt in georgia

    no payment made or promised in slightly over 4 years. debt was written off by creditor 5/2011. now collector has bought account and has filed action in State Court.

    J.’s Answer

    The fact that the debt was "written off" has no bearing on its collectability. The original creditor who wrote it off can sell the rights to collect on it (usually at a big discount) to another company legally. The way the GA law reads, it appears as though the 4 year statute for revolving charge accounts should apply, BUT thanks to some cases that were appealed, most judges now say that the 6 year SOL applies to credit cards. You have only 30 days from the date you were served with the court papers, so do not delay- contact a debt relief attorney quickly to see what other defenses you may have. The fact that it is in State court and not Magistrate court implies that the amount is greater than $15,000. If you do nothing, they will win by default and garnish your wages, normally for 1/4 of your takehome pay, and/or raid your bank account for the full amount..

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  • Promissory note on a personal loan. I loaned a friend over 4K. Let me preface my question by saying I will never do this again.

    I loaned this money to a friend in desperate financial need about 4 months ago. I am not charging her any interest. The agreement was that she make monthly payments back to me and the loan was to be paid off by the end of Dec. 2015. She has not pa...

    J.’s Answer

    I hope you had her sign a written note spelling out the terms. If not, have her sign a note with the new plans ASAP. If she refuses, you know you have been scammed, and can try suing using the cancelled check as evidence-- I HOPE you wrote on the check what it was for. The SOL for simple contracts in GA is six years.

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  • If working part time, can your wages still be garnished 25%? And is that before or after taxes?

    Working part time, I cant afford garnishment.

    J.’s Answer

    • Selected as best answer

    In addition to what the other attorneys have said, I would add that if you are subject to garnishment, it can be wiped out by filing bankruptcy, if that make sense given your overall financial situation.

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  • Can a minor sign for a letter delivered by a debt collector?

    My 12 year old was playing outside and a woman asked her to sign acknowledging receipt of a letter from a debt collector. This person also took a photo of my mailbox and residence. Is this legal?

    J.’s Answer

    From what you say, it sounds like you received far more than a "letter from a debt collector." It sounds more like you were served by a specially-appointed process server (since no sheriff's uniform was mentioned) with a lawsuit with a summons. If so, the summons says you only have thirty days to file a response or lose ("default judgement") automatically. Get an attorney to look at the papers immediately and see if you have any good defenses, such as the debt being too old to collect on. And as far as your daughter being served, yes, the fact you ended up receiving it shows she was suitably responsible. The photo was also legal, since the subjects were visible from the street. The photos were for proof they came to the right address in case this were to be denied later.

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  • We have loaned our nephew several thousand dollars and have a signed promissory note between us, that he would pay us back by

    2012 with each payment bearing interest of 5%. The money was loaned in 2011. He paid us $2000 in Jan. 2014. The note is signed by him but not notarized. Is there a statue of limitations or do we really have any legal rights here as far as trying t...

    J.’s Answer

    You can sue even if the note was not notarized. If the amount due is under $15,000, you can sue in his county's Magistrate Court. Ordinarily, the applicable statute would be O.C.G.A. § 9-3-24, which says "All actions upon simple contracts in writing shall be brought within six years after the same become due and payable."

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  • Will I have to surrender my home if I file a Chapter 7 bankruptcy?

    I have a home that has $120,000 mortgage, but I have a Judgment that I have not come to a settlement agreement about and I am considering filing a Chapter 7 and not a Chapter 13.

    J.’s Answer

    If your mortgage payment is up to date, you can keep your house, as long as you keep up the payments and have no more than $21,500 equity, or $43,000 in equity for married couples. “Equity” means how much ownership interest you have in your house. To find out how much equity you have, take the present market value of your house and subtract the amount you still owe on the mortgage (usually called “Balance” on your mortgage statements). For example, if the purchase price of your house was $250,000, and the current market value is $180,000, and the amount still owed on your mortgage is $175,000, your equity would be $5,000 ($180,000 less $175,000). For more information go to www.TheWilliamsLawOffice.com

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