David Nathanial Lockhart’s Answers

David Nathanial Lockhart

Forest Park Debt Collection Attorney.

Contributor Level 9
  1. I won a default judgment against a company but found out my attorney sued the wrong defendant. Is my judgment uncollectible?

    Answered over 1 year ago.

    1. David Nathanial Lockhart
    2. Glen Edward Ashman
    2 lawyer answers

    I cannot fully answer your question as to whether your judgment is collectible without more facts. However, I do recommend that you place your judgment with a law firm rather than a collection agency. The collectability of the judgment depends upon what assets the judgment defendant has. Why your attorney in the underlying case chose to sue a particular defendant should have been based upon legal liability rather than collectability, and without knowing any facts to suggest otherwise, I...

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  2. What do i do next if a debt collector tried to give me a summons at a wrong address? What should I do?

    Answered almost 2 years ago.

    1. David Nathanial Lockhart
    2. Glen Edward Ashman
    3. Eric Jerome Gold
    4. Daniel Dwight Bowen
    4 lawyer answers

    The action cannot proceed until you are served. If you cannot arrange payment, then there is no reason for you to call the creditor or its attorney. Contacting them may help them locate you. If you purposefully evade service, they may be able to get an order to serve you by publication (through notice in a newspaper), but if they can't serve you because they don't have a good address, then they will never get off the ground. Keep checking the online docket to monitor the case. You might...

    6 lawyers agreed with this answer

  3. Car dealer forgot to collect dwn pmtt, and now, weeks later, they want the money. Do I need a lawyer?

    Answered almost 2 years ago.

    1. Darrell Brinnett Reynolds Sr.
    2. David Nathanial Lockhart
    3. Ronald Lee Burdge
    3 lawyer answers

    No, you don't need a lawyer; you need $3,500.00 to make the down payment you promised two weeks ago.

    6 lawyers agreed with this answer

  4. I live in Georgia and have a judgment against me in Magistrate Court. Collection agency says I will go to jail if I don't pay..?

    Answered over 1 year ago.

    1. David Nathanial Lockhart
    2. Glen Edward Ashman
    3. Daniel Dwight Bowen
    3 lawyer answers

    Absent something VERY unusual, it is illegal to threaten incarceration to collect a civil debt. If this is a consumer debt, the actions of the collector appear to be a clear violation of the Fair Debt Collection Practices Act, and you may be entitled to an award of damages. I encourage you to consult with a debt collection attorney to explore your options.

    4 lawyers agreed with this answer

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  5. Let say the insurance company offered me 20k and my medical bills are over25k is this a fair settlement,and what should i do.

    Answered almost 2 years ago.

    1. David Nathanial Lockhart
    2. Jarome Emile Gautreaux
    3. Daniel Nelson Deasy
    4. Darrell Brinnett Reynolds Sr.
    5. Timothy Minthorn Klob
    6. ···
    8 lawyer answers

    You will note that a couple of attorneys have already responded that the offer is unfair. They are probably right, but you might benefit from a more complete answer. One reason to suspect that the offer is unfair is that the insurance company offered it. Usually, an insurer offers below (often far below) what a case is worth. That is not always true, but I have found it to be routine. However, what is fair is entirely subjective. If you play this out to the end without settling, the best...

    4 lawyers agreed with this answer

  6. Can a creditor Garnish my bank account without notifying me?

    Answered over 1 year ago.

    1. David Nathanial Lockhart
    2. Kris K. Skaar
    3. Ashley Anne Digiulio
    4. Glen Edward Ashman
    5. Seyed Abbas Kazerounian
    5 lawyer answers

    The creditor is required to send you notice of the garnishment within 3 days of the garnisheed being served. If the do not, then file a traverse (have an attorney file it). Please don't make the same mistake and do it yourself. If you ignore this and do it yourself, do not state the reason in the traverse or the creditor will know what to correct. Then, they can simply file a new garnishment, serve you with notice, and dismiss the first one. That way, there will be no gap during which the...

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  7. Why do some contracts have a "Headings" clause?

    Answered about 2 years ago.

    1. David Nathanial Lockhart
    2. Glenn M. Lyon
    3. Kevin M. Veler
    3 lawyer answers

    Having read these form contracts from legal websites, you know that they are often filled with "legalese." The bulk of the contract will be (or at least should be) drafted in a technical way so that the terms of the agreement are clear and unambiguous. Sometimes it is difficult to lay out the full parameters of a provision in one short sentence, which is why a paragraph or more will follow each heading. Those paragraphs are necessary to lay out the full agreement, and the headings are there...

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  8. Plaintiff's attorney falsified numbers on FI FA request. Is it violation?

    Answered over 2 years ago.

    1. David Nathanial Lockhart
    2. Daniel Dwight Bowen
    2 lawyer answers

    The Clerk of Court issues the Writ of Fieri Facias based upon the Order for Judgment. It would be unusual (and unlikely) for the plaintiff's attorney to have the occasion to supply the figures for the Fi. Fa.

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  9. Should I have been my Miranda Rights?

    Answered over 1 year ago.

    1. Patrick Lee Jarrett
    2. Benjamin David Goldberg
    3. Jonathan P. Sexton
    4. Harry Edward Hudson Jr
    5. David Nathanial Lockhart
    6. ···
    6 lawyer answers

    Following up on the answers from Mr. Jarrett and Mr. Hudson, with whose answers I agree, an officer's failure to read your rights to you may result in having any statements that you made after you were in custody suppressed (kept out of evidence). There is no requirement that you be read your rights, but without having them read to you, your statements made while in custody may not come in. As Mr. Hudson wrote, from your post, I don't see that as an issue; however, when custody begins is a...

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  10. How do I compose a response to a summons to magistrate court for a suit from a debt collector?

    Answered over 2 years ago.

    1. David Nathanial Lockhart
    2. Alan Ira Seitman
    3. Alvin S. Albert
    4. Glen Edward Ashman
    4 lawyer answers

    I recommend that you hire an attorney, but if you choose not to, be sure to file an Answer within 30 days of being served with the summons. If you lose in magistrate court, you have an automatic right to appeal, but if you do not file an answer and a default judgment is entered, you have fewer options. If you lose in magistrate court, I strongly encourage you to retain an attorney. Once the appeal is taken to state or superior court, you will be able to serve discovery, and you may be able...

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