Legal Question in Credit and Debt Law in Georgia

I have received advertisements from attorney firms notifying me of a pending legal suit from Equable Ascent Financial through Fulton County Georgia Magistrate Court Civil Claims.Do I just wait on a summons?


Asked on 12/14/11, 1:21 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You could, but it may make sense to be proactive. See a lawyer now to evaluate your options (defending the case, bankruptcy, etc.) as waiting until the last minute gives you less time to make a good choice. Call a lawyer who did NOT send you an ad. Good lawyers generally don't have time to check court filings to send out ads. My office does have 31 years experience with debts, and would be pleased to discuss your situation.

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Answered on 12/14/11, 2:32 pm

Attorney Ashman gives good advice. As far as a lawsuit goes, yes, you have to wait until you are served with a lawsuit before you file an answer. Whether you should or not depends on your circumstances.

Equable Ascent is a junk debt buyer.

All of this comes down to whether this is your debt, how long it has been since the last payment was made (if this is your debt and the debt was created in Georgia) and your circumstances (assets, income etc.).

If the debt is barred by the statute of limitations or if there is a good chance that you do not think Equable can prove that this is your debt, it may make sense to hire an attorney to litigate. If you have many other debts, maybe it might be a good idea to skip the litigation and see a bankruptcy attorney.

Georgia does allow wage garnishment but if you don't work or are self-employed or only get exempt income and have no assets, it may also make sense to do nothing right now, save up your funds and resolve the debt at a later stage. Or never, again depending on your assets, age and circumstances.

If you are interested in resolving the debt in a non-bankruptcy context, I give free email consults and can review your situation. Please contact me at [email protected] if interested. If you wish to pursue or litigation, then see local counsel in your area.

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Answered on 12/14/11, 5:56 pm
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

Hire me. I am in your same zipcode.

Feel free to contact me for a free phone consult.

404-522-0341

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Answered on 12/16/11, 11:16 am


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