Lawrence Adam Silverman's Answers

Can my wages be garninshed for the loan of a vehicle in the state of Georgia?

The short answer is YES. If the primary signer defaults on a loan, the co-signer can be held responsible for the entire loan. Before your wages can be garnished, the finance company must sue you and get a judgment for a deficiency. The finance company cannot get a judgment against you unless, after repossession, you were sent a notice by certified mail which stated that the car will be sold unless, within ten days of receiving the notice, you "redeem". That is, pay the full amount due...

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What is the Statue of Limitations for Debts and Collection for the state of Georgia?

Georgia's statute of limitations on credit card accounts is six years from the date of delinquency. The date of delinquency on a credit card is generally the date of the first missed payment. The statute of limitations only controls the time within which a credit card company must file suit against a debtor or else the claim is forever barred. The statute has no bearing on the time limits for credit reporting, which is 7 1/2 years. So, it is entirely possible that a defaulted credit card...

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If acting pro se defendant do i have to testify in court credit card lawsuit

At trial the attorney is entitled to cross-examine you on your testimony. However, it's not a free-for-all. The attorney can only cross-examine you "within the scope" of your testimony. If you feel the attorney is going to far you should tell the judge.

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Is there a statue of limitation for medical bills?

The Georgia statute of limitations for a medical account is four years from the date payment was due. You should be aware that the Statute of Limitations is an "affirmative defense". That is, YOU must assert the defense. You may end up with a default judgment against you if you are sued and you ignore the suit without raising the SOL defense.

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I have a car with a loan through hsbc sold it and repoed it cause 8 bounced checks

What do you mean he is "trying" to sue you? Has he actually filed a suit? Is your agreement with the buyer in writing? If so, does your agreement give you a security interest in the car, in other words, a "lien". If so, you are justified in repossessing the car at any time after the buyer defaults. However, Georgia law requires that after you repo the car, you must give the buyer written notice with an itemized breakdown of what he owes you, including the costs of repossession, late fees,...

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Can a creditor continue to pursue me after a court has dismissed their previous suit with prejudice, two year ago?

Is the creditor the original creditor or is it a third-party, such as a "junk debt buyer"? If the creditor is a junk debt buyer, what they're doing is most likely a violation of the Fair Debt Collection Practices Act. I do not recommend ignoring the matter.

Can a loan company put me in jail if i had to sell the collateral

It's impossible to answer your question without more detailed information. There is no "debtors' prison" in modern society. However, Georgia does have a criminal misdemeanor offense called "Endangering a Security Interest". Whether that law applies to your case is fact dependent.

How can I obtain money owed to me if the person is out of State?

Greetings from Marietta: As Mr. Harris said, you will most likely have to sue the author in his/her home state. You should consult a consumer's legal advocate in Michigan. You may find an attorney to help you on the "Find and Attorney" tab of the website for the National Association of Consumer Advocates. Here is a direct link to the directory.

My Husband died 2 months ago, has credit card, is only authorized user. My name is not on it. Do I have to pay it? Help!

Most likely the answer is NO, you are not obligated to pay it. His estate, assuming it has any value, would be obligated to pay it. Since you are the administrator, it's your job to determine what creditor claims must legally be paid. You should check your three credit reports to be sure that the account is not on there. Don't be afraid of any debt collectors that try to scare you into believing you have personal liability for the debt.

Can I get a tag cancelled

You can go to your local tag office and submit a voluntary cancellation request. You'll need the tag number and, possibly, the vehicle identification number.