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James W. Hurt Jr.

James Hurt’s Answers

6 total

  • Can I still file a lawsuit? (4 years)

    BOA circumvents/plays games with Fair Credit Billing Act. When a customer alleges a credit card billing error, BOA disclosures tell you to write to a specific address about the error. BOA instructions state that the letter must be received by the...

    James’s Answer

    Based on the fact pattern presented, I agree that it appears to support a class action lawsuit. Unlike another contributor to your question, I believe that there are damages. Once BOA delays the dispute process beyond the 60 days, the charge become indisputable by the consumer. (FCBA allows for the consumer to dispute the erroneous charge for 60 days, not 30 days. See 15 U.S.C. § 1666 et. seq.)

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  • Is there a hardship form that can stop a wage garnishment??

    I am the sole provider for a family of 4 and I make 21,000 a year. I previously paid on a garnishment(2120.00)and paid more that the original garnishment amount(1689.00) Now they are garnishing me again(1986.00) and this time I am paying the int...

    James’s Answer

    When I handle these types of matters, I proceed in the following manner: First, make sure service of process is sufficient on the defendant/debtor. Second, make sure that the underlying judgment is proper. Third, make sure that the garnishment has been filed and served properly. Finally, make sure that the amount seeking to be garnished is within the limits of Georgia garnishment law. If all of that checks out, and if the debtor can afford to do it, I would negotiate with the debt collector and seek a lump sum payoff of the debt at some percentage less than the full judgment and interest amount.

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  • Im in Ga and have a roach problem. when i complain they send pest control and it never works its not professional strength.

    How do I get out of my lease if management wont do anything besides keep sending their non professional strength spray. which seems to attract more roaches.

    James’s Answer

    If the roach problem is making the residence unsanitary and/or uninhabitable, then you may have an argument that you are being constructively evicted by the inaction of the landlord to treat the problem. I would recommend reading your lease agreement very closely to see what remedies you may have against the landlord for breach of the agreement.

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  • What kind of lawyer i would need for car being repoed before payment date


    James’s Answer

    Depending on your specific set of facts, there may be a cause of action for wrongful repossession of the vehicle. It appears that you were already in default on the loan agreement and the repossessor deceived you into believing that it would not repo the vehicle before June 20th. However, if you were already in default on the loan, the repo man may have had full rights to retrieve the vehicle.

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  • Is this Cobb County Garnishment Legal

    I received a garnishment for my wife at my company(shes an employee) regarding a debt that's over 10 years old with no judgment filed and I'm not sure its legal. This is what I know to be fact. The debt in question is over 10 years old. She has n...

    James’s Answer

    The statute of limitations on a credit card debt has been ruled by the courts of Georgia to be 6 years. The only debt that would have a longer statute of limitations would a debt arising from a document under seal (rare nowadays).

    For there to be a valid garnishment, there must be a valid judgment. Your wife should file a "Traverse" to the garnishment action to stop it and require the court to hold a hearing on the matter so that the underlying judgment can be examined. As the employer, you should begin to withhold the garnishment amounts to be on the safe side.

    If she was never served with the lawsuit from which the judgment arose, then that judgment can be set aside for insufficient service of process of the original complaint. You should contact an attorney that handles these matters to discuss in further detail.

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  • If an employer never answered a summon to garnish an employee's wage, is the employer responsible for the full amt?

    Our company was served to garnish a wage from an employee on Nov 27,2007. That employee quit in Jan 30,2008. Debt collector is saying we are responsible for the full amt of the judgement since we failed to answer the paper served by the sheriff....

    James’s Answer

    • Selected as best answer

    The answer is yes. OCGA § 18-4-90 states: Default judgment against garnishee on failure to answer. In case the garnishee fails or refuses to file an answer by the forty-fifth day after service of the summons, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration of the period of 15 days, judgment by default may be entered at any time thereafter against the garnishee for the amount claimed to be due on the judgment obtained against the defendant."

    However, the situation that you have described on service of process may allow your company to set aside the default judgment, based upon insufficient service. I would advise that you contact an attorney to discuss this matter in greater detail.

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