Attorney Cristina Isabel Kaiden's Legal Cases

Consumer protection

White v. Westlake Financial Services, 369 Ga. App. 68, 892 S.E.2d 178 (Ga. App. 2023)

Aug 23, 2023

OUTCOME: Win for the Geogia consumer.

Represented the consumer on interlocutory appeal in an auto loan deficiency case presenting an issue of first impression under Georgia’s Uniform Commercial Code. The Georgia Court of Appeals reversed t ... he trial court and held that a creditor could not renew an auto deficiency action after dismissal for failure to prosecute where the applicable statute expressly prohibited renewal. The decision clarified the interaction between OCGA § 11-2-725 and Georgia’s general renewal statutes and reinforced statutory limits on creditors’ ability to refile time barred deficiency claims.

Consumer protection

Isbell v. Credit Nation Lending Services, LLC, 319 Ga. App. 19, 735 S.E.2d 46 (2012)

Nov 29, 2012

OUTCOME: Win for the Geogia consumer.

Represented consumers in an appeal involving claims of fraud, breach of contract, and violations of the Georgia Fair Business Practices Act and the federal Truth in Lending Act arising from an automobi ... le financing transaction. The Georgia Court of Appeals reversed summary judgment in part, holding that factual disputes existed regarding misrepresentations and enforceability of oral agreements, and clarified evidentiary standards applicable at the summary judgment stage.

Consumer protection

1st Nationwide Collection Agency, Inc. v. Werner, 288 Ga. App. 457, 654 S.E.2d 428 (2007)

Nov 16, 2007

OUTCOME: Win for the Geogia consumer.

Represented the consumer in a debt collection action involving violations of the Fair Debt Collection Practices Act (FDCPA) and the Georgia Fair Business Practices Act (FBPA). After the trial court ent ... ered judgment in favor of the consumer, the Georgia Court of Appeals affirmed in full. The decision addressed deceptive collection practices, improper credit reporting, and the interplay between FDCPA violations and the FBPA, including the availability of treble damages and attorney’s fees. The Court also rejected procedural challenges raised by the collection agency and affirmed substantial consumer protections under Georgia law.

Bankruptcy and debt

In re Roche, 361 B.R. 615 (Bankr. N.D. Ga. 2005)

Dec 29, 2005

OUTCOME: Win for the Geogia consumer.

Represented the consumer in an adversary proceeding arising from a creditor’s failure to release a pre petition bank garnishment after notice of bankruptcy. The court denied the creditor’s motion for s ... ummary judgment and granted summary judgment in favor of the consumer, holding that the creditor’s inaction constituted a willful violation of the automatic stay. The decision addressed creditors’ affirmative obligations upon notice of bankruptcy and the consequences of failing to act.

Cristina Isabel Kaiden's Legal Cases (4)

White v. Westlake Financial Services, 369 Ga. App. 68, 892 S.E.2d 178 (Ga. App. 2023)

Isbell v. Credit Nation Lending Services, LLC, 319 Ga. App. 19, 735 S.E.2d 46 (2012)

1st Nationwide Collection Agency, Inc. v. Werner, 288 Ga. App. 457, 654 S.E.2d 428 (2007)

In re Roche, 361 B.R. 615 (Bankr. N.D. Ga. 2005)