Skip to main content
James Nelson Cline

James Cline’s Answers

8 total

  • I have a collection attorney who has filed a lawsuit for credit card debt, what is the SOL for this in GA. Also FDCPA violations

    They originally filed in 2004 and I was never served & was dismissed in 2008. Then in 2009 they filed leaving out the middle initial in the county of my parents & served my father as his middle name is the same. An answer was filed requesting va...

    James’s Answer

    The SOL for creddit debt is 6 years from the date of charge to the card. As is the casse you have left out a lot of information that is needed to answer the question. You had a duty to respond within 30 days after the filing of the suit. The creditor had a right to serve you at the latest known address on record for you. If the lawsuit reached your parents, then they should have notified you of the service. At some point you, you got notice of the lawsuit and a response was required. The FDCPA would not have anything to with your family being brought into the action. FDCPA relates to certain disclosures regarding the fact that the collector is a debt collector and as such any inforamtion will be used to collect a debt. If the original creditor, card issuer is the one suing you, the FDCPA would be applicable as it is not a debt collector by definition. If the collection is being done by someone that is a purchaser of the debt, then FDCPA would apply as they are deemed to be debt collector as they are not theoriginal issuer of the credit extended to you.

    Contact an attorney soone, if not sooner. The attempt to collect the debt was timely filed based upon the timeline you stated. Failure to perfect service is another problem for you. As previously stated, you may have forfeited some of your rights.

    See question 
  • In Georgia, can we collect pre-bankruptcy HOA fees?

    We have a homeowner who owed about $600 in past dues. They filed bankruptcy and, of course, have been late on POST bankruptcy dues. They now want to use all the amenities (pool/tennis) but they are not permitted till they clear up the money owed...

    James’s Answer

    The question for you is whether or not the debtor listed your HOA on his schedule of debts. Generally no action can be taken on pre-petition debt, even if a priority, during the bankruptcy and no action can be taken on this post bankruptcy if the debt was discharged as part of the bankruptcy. I would need to see your HOA covenants to fully answer your question in that generally the covemants create an automatic lien on the property and gives you rights other creditors don't have.

    I suggest that the HOA start collection activities on the post petition past due dues. You may also seek foreclosure action to help collect these post petition dues as well as the attorney fees paid by the HOA for collecting the past due amounts.

    See question 
  • How do I respond to a judgement lawsuit?

    Midland Funding, LLC purchased my credit card account from Chase and I'm being sued on account. I opened the credit card in 2007 and because of financial difficulty, I thought the credit card had been charged off. I have not heard directly from C...

    James’s Answer

    You did not state what state you are in. Georgia has a six year statute of limitation for credit card debt. Chase may have charaged off the debt is what most likely happened in this case. Midland is the owner of the debt. Fred J. Hanna & Associates has had the problem but all of that is behind them. You also did not mention whether or not you had actulally opened the account. Georgia case law states that the fact that you did not sign the credit card agreement is not relevant and is not a defense if you actually used the card.

    Your best bet is to answer the lawsuit, which is generally filed in magistrate court, rather than state or superior court. Georgia has a limit for magistrate court of less than $15,000.00.

    Secondly, you should contact Hanna or have your representative contact Hanna as they will normally settle the matter for 25-25 cnets on the dollar.

    You can try to handle this on your own; however, it is generally better to have an attorney that deals with debt collection to represent you. it would also help if you had given the dollar amount of the debt. You also have to weigh the cost of hiring an attorney in that you will have to pay some portion of this debt. Rest assured that Hanna is up on the Fair Debt Collection laws.

    See question 
  • What law/act requires disclosure of assets for both spouses when only one of them file bankuptcy?

    I saw the income statement is required by both spouses, but what if the non filiing spouse has a home in georgia and a home in another state that is not listed on Chapter 11 filing? Is there a requirement that non filing spouse lists all assets an...

    James’s Answer

    All jointly owned assets and liabilities have to disclosed for obvious reasons

    Always exercise caution when completing standardized forms. Your best bet is to engage the services of someone that has the necessary skills to complete the paperwork as it should be before submission to the court.

    There are non-lawyer groups that can help.

    See question 
  • How do you get an expedited hearing on Determination of Automatic Stay in Bankupcty delayed?

    I am out of state and I was just served 4 days before the hearing.

    James’s Answer

    File a motion. In your situation a telephone call to the court might be wise move.

    Contact a bankruptcy attorney fast.

    See question 
  • Can the credit union take money from my checking account to pay a credit card?

    I filed a Ch. 7 and among my debts have a credit card from a credit union that was behind. After I filed the credit union took all the money out of my checking account and said it was because I did not pay the credit card bill. I told them I was...

    James’s Answer

    Under normal conditions the credit union would have the right to do what they did. Assuming that you completed the petition for the Chapter 7 correctly by disclosing the debt and the checking account, thus putting the credit union on notice, the automatic stay would have prevented this action. Your attorney, assuming you have one, should be informed about this so that he/she can notify the trustee.

    See question 
  • I cant find my ex husband and have prop together an i pay the taxes. How can i get his name off the deed. Last address. is min

    We are divorce for 5 yrs and the land is going on the court house step for non payment of taxes. I have to pay the tax since i do not know where he is. What do I need to do to remove him from the deed. This is for land in Florida

    James’s Answer

    You would be legally liable for the taxes regardless of whether or not you can find your ex-husband. If the property is sold on the courthouse steps you won't to worry about finding him. As one attorney stated, find your divorce decree and settlement agreement to see if you got the property or if your ex got the property. If you got the proprty, then you need to seek the aid of the attorney that handled your divorce and find out why he did not transfer the same to the proper party.

    Find yourself an attorney.

    See question 
  • My decesed fathers property was conveyed to me and his girlfriend as instructed in his will. I have lived there all of my life

    I'm 38 yrs old

    James’s Answer

    Your dad has the right to give his property to whomever wishes regardless of whether you have lived there or not. The will controls unless you can prove undue influence on your father to give the girlfriend her interest in the property..

    You have not given enough information here to form a proper answer. Sounded as though you feel your father should have left you the entire estate.

    Jim Cline

    See question