James W. Hurt Jr.’s Answers

James W. Hurt Jr.

Athens Class Action Attorney.

Contributor Level 6
  1. If an employer never answered a summon to garnish an employee's wage, is the employer responsible for the full amt?

    Answered almost 4 years ago.

    1. James W. Hurt Jr.
    2. Jeffrey Branan Kelly
    2 lawyer answers

    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...

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

    Answered almost 3 years ago.

    1. James W. Hurt Jr.
    2. Ikemesit Amajak Eyo
    3. Simon Wynn Johnson
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  3. Can I still file a lawsuit? (4 years)

    Answered almost 3 years ago.

    1. James W. Hurt Jr.
    2. Mitchell Paul Goldstein
    3. Nicholas I Fuerst
    3 lawyer answers

    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.)

  4. Is there a hardship form that can stop a wage garnishment??

    Answered almost 3 years ago.

    1. Robert Allen Kaiden
    2. James W. Hurt Jr.
    3. Mitchell Paul Goldstein
    3 lawyer answers

    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...

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

    Answered about 3 years ago.

    1. James W. Hurt Jr.
    2. Dorothy G Bunce
    3. John Leif Fossum
    3 lawyer answers

    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.

  6. Is this Cobb County Garnishment Legal

    Answered almost 4 years ago.

    1. James W. Hurt Jr.
    1 lawyer 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,...