Jacob Stanford Eby’s Answers

Jacob Stanford Eby

Atlanta Litigation Lawyer.

Contributor Level 7
  1. Can rights to judgment be transferred from Mann Bracken to another collection agency

    Answered over 4 years ago.

    1. Jacob Stanford Eby
    2. Danielle Jeanne Eliot
    2 lawyer answers

    Your initial suspicion is correct: a judgment creditor can assign / sell / or transfer the judgment to another. This happens all the time when credit card issues and banks sell off their "bad debt" for pennies on the dollar. As the original creditor is no longer pursuing you, you do have the right (and you should use it) to force them to prove to you that the current collection agency has the right to collect from you. They may have purchased it and own it, or of course they may be...

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  2. How to choose the proper "Heading" for my brief, in Magistrate court?

    Answered over 4 years ago.

    1. Jacob Stanford Eby
    2. Glenn M. Lyon
    2 lawyer answers

    First, being in Magistrate Court means the normal Rules of Civil Procedure and the Georgia Civil Practice Act do not apply. That means that many motions that you might be able to file in State Court or Superior Court, well, you basically have to just bring those with you to the hearing and/or file them with your Answer. Like the other attorney already stated, the title of the pleading is much less important than what it contains. What it should contain is something in writing that shows how...

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  3. I have a judgement againt my former tenant in GA. Can I submit a garnishment?

    Answered almost 3 years ago.

    1. Jacob Stanford Eby
    2. Barry A. Stein
    3. Steven Alan Fink
    3 lawyer answers

    If you have an actual judgment, then yes, you can file a Georgia garnishment action. Most county courts have garnishment forms that you can use and the instructions on there are clear: very detailed and long, but clear. One area where people get tripped up is in serving the debtor: i.e. the one who owes you money. While your former tenant is not technically a party to the garnishment action between you and the bank, you must still give them notice. Again, the forms will likely tell you...

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  4. I'm receiving 6,800 for a car settlement involved in a car accident. Is that good?

    Answered 15 days ago.

    1. Christopher Matthew Simon
    2. Jacob Stanford Eby
    3. John Arnold Steakley
    4. Robert Werner von Dohlen
    5. Peter N Munsing
    6. ···
    7 lawyer answers

    Impossible to tell. Is settlement for injury claims and property damage? Just the damage to the vehicle? What were medical bills and injuries? What was Fair Market Value (FMV) of vehicle prior to wreck? Those are just my initial questions and ones any lawyer you meet with will have for you.

    1 lawyer agreed with this answer

  5. I was hit by a drunk driver. she got dui and 3 more tickets.

    Answered 17 days ago.

    1. Noah Howard Pines
    2. Christopher Matthew Simon
    3. Brandon Michael Rosenbloom
    4. John Michael Phillips
    5. Glen Edward Ashman
    6. ···
    12 lawyer answers

    Like Chris Simon already said, would like to know more about the policy itself and more of the facts of your case. The existing offer may be legitimate, and your feelings about the DUI and the possible future pain may also be. In other words, you know your case best, and you seem to have a good grasp of one main thing that lots of people forget: you only one get one settlement or trial. You can't get a settlement or verdict and then sue the person again for the same accident five years down...

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  6. I have been served a summons from my landlord in ga.what's the best way 2 answer & possibly cause delays?any particular motions?

    Answered almost 3 years ago.

    1. Jacob Stanford Eby
    2. Robert Daniel Kelly
    2 lawyer answers

    Unlike residential lease agreements where there are certain protections established by statute for the tenant, in Georgia, for commercial leases, there are virtually none. It will all depend upon the contract that you signed. Read your contract. Most commercial leases will have you liable for all future rents due, but with a dollar for dollar off-set for rents that a new tenant pays. Your gut is right: the landlord likely does not want a trial, just to cover his/her rear with you and to get...

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  7. Can I sue my Doctor?

    Answered over 4 years ago.

    1. Jacob Stanford Eby
    2. Lawrence Charles Kroll
    3. Andrew Daniel Myers
    3 lawyer answers

    From what you described, you might have a case. You might have a great case actually. Your first hurdle is going to be the Statute of Limitations: a time limit that begins running from the date of "injury" and requires you to file a suit within a specified period of time. In Georgia and many other states, it is 2 years, although you should consult with a licensed lawyer in your state to get confirmation. Second, you will need to have an expert, generally a doctor within the same field as...

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  8. How soon should the injured person seek the attorney’s help after the car accident?

    Answered 11 days ago.

    1. Noah Howard Pines
    2. John Arnold Steakley
    3. Mary Denton Lewis
    4. Jacob Stanford Eby
    5. Taejin Christina Pendleton
    6. ···
    7 lawyer answers

    First thing you should do is get whatever emergency medical care, or urgent care you think you need. Second, like the others have already said, contact an attorney quickly. You may have rights that you don't know if, or a duty to preserve evidence that may ultimately be key to your case.

  9. I slipped and fell in Kroger and hurt my knee. They offered to pay my medical bills but am I entitle to more ?

    Answered 16 days ago.

    1. John M. DeProspo
    2. John Arnold Steakley
    3. Glen Edward Ashman
    4. Mary Denton Lewis
    5. Jacob Stanford Eby
    6. ···
    13 lawyer answers

    Do NOT take their offer to pay your medical bills as any sort of an admission. Kroger and many other commercial establishments have a "medpay" insurance policy that will pay for medical bills (up to a limit) for virtually any claim submitted. It is part a PR move, part a way to reduce over all litigation, and from their perspective, a smart business decision. Like others said, you would have to prove that the hazard was obvious enough that Kroger knew of it or should have know of it AND that...

  10. Can a debt collector keep contacting after I have told them to stop collection efforts?

    Answered almost 3 years ago.

    1. Gary Alan Armstrong
    2. Jacob Stanford Eby
    2 lawyer answers

    Contact an attorney right away. There is a chance that your rights under the FDCPA (Fair Debt Collection Practices Act) are being violated: without more details about your case, I can't gauge how likely your rights are being violated though. But, the fine for such is $1,000 per violation and a good attorney can help you close this matter quickly.

    1 lawyer agreed with this answer