Skip to main content
Jacob Stanford Eby

Jacob Eby’s Answers

17 total

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

    How soon should the injured person seek the attorney’s help after the car accident, during the treatments, after treatments or any time before acceptance of the at fault car insurance offer and why? Thank you for your answer.

    Jacob’s Answer

    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.

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

    The car was a suburban 2003 and it was totaled and i was not at fault, I was hit by a drunk river. As well,the accident was on July 24, 2014 and I did not get an official response from his insurance until we received a letter on October 17th. I w...

    Jacob’s Answer

    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.

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

    What can I do for pain and suffering?

    Jacob’s Answer

    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 it was not so obvious that you should have seen it and avoided it. A tough job for any plaintiff in any slip and fall case.
    When in doubt, get a meeting with good attorney soon to discuss all of the above and issues like evidence preservation.

    See question 
  • I was hit by a drunk driver. she got dui and 3 more tickets.

    She was traveling so fast that upon impact her car went flying through the air and debris flying. Her car landed 2 houses away from impact. My car totaled. i went to the dr. the next day and hired an attorney. I went thru treatment but none of whi...

    Jacob’s Answer

    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 the road.
    Best of luck to you.

    See question 
  • I have a judgement againt my former tenant in GA. Can I submit a garnishment?

    Wife is collect SS check promised to pay. Husband collects pension from LA both have a bank acct in GA go after my money?

    Jacob’s Answer

    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 what to do, and the burden of proving that any money in the bank accounts is exempt is upon the debtor.

    Good luck.

    See question 
  • Can a debt collector keep contacting after I have told them to stop collection efforts?

    Recently I've ha a debt collector contacting every number possible in order to get me to pay a gym membership that was under a contract but I irresponsibly signed the contract when I was a minor and the gym didn't pay attention. I've sent them a l...

    Jacob’s Answer

    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.

    See question 
  • Bank collection of loan

    I personally guaranteed a loan to a bank. The original loan was 6.5 mm. The loan was cross collateralized by all of the entities. The bank was not receiving enough payments so it decided to break up the loan into 3 loans to corps that were involun...

    Jacob’s Answer

    Like the other said: get with a lawyer asap but get all of your paperwork first: loan docs, guarantee docs, anything showing any payments made by anybody on the debt, correspondence from bank, etc...

    The law on personal guarantees varies greatly from one state to the next, but if the papers are drawn up properly at the start, they will be very favorable to the lender and can be very harsh on the one who made the guarantee (i.e. you).

    See question 
  • Junk debt buyer

    i defaulted on a sear's card. i received a summons with no court date&sent a debt validation letter. this was in june 2010. in oct.2011 i received a letter saying they're trying to get a default judgement. 3 days ago i received a certificate of se...

    Jacob’s Answer

    If you receive a summons, any kind of summons, there are likely instructions on it, as in: must file an Answer within X number of days. Read yours carefully. You may be too late.
    Bottom line: get all of your documents together, read them, and get yourself to an attorney right away. Simultaneously, I would call the one trying to collect for Sears. Tell them the papers that you have and ask what else has been filed with the Court. Get them all. Having sat in their position previously, they will be much more willing and able to work with you if you are proactive and responsive to them and can propose a reasonable solution.

    See question 
  • Small Claims: Generally:if other side is a business-may outside attorney represent business? In Texas?

    In some states the Small Claims courts do not allow a non full time employees outside law firm or attorney represent a party which is a business entity ( such as a corporation), because they want the actual parties in courts and make it less forma...

    Jacob’s Answer

    Don't know about Texas, but states are generally split on this: if it is small claims court where either side can appeal, a corporation generally can be represented by an officer or employee. This is very common for residential landlord-tenant matters. In Georgia, this is the law.
    As to your question, most courts want at least a representative from each side there (not just attorneys) because otherwise, there is likely no admissible evidence: if just from the lawyer, it is hearsay.
    Last piece of advise: contact the clerk of the Court in question. They likely have a rule or general set of instructions for their court that they can direct you to.

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

    my landlord filed a complaint 4 a writ of dispossession & to recover amounts due. this a commercial property. i have moved out & provided the landlord w/ the keys to the property. the landlord still wants me 2 sign a termination of lease & a surre...

    Jacob’s Answer

    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 a new tenant in there.
    Bottom line: get your written lease, read it carefully, and contact a lawyer. The papers you were given are likely very time sensitive, too.

    See question