Legal Question in Credit and Debt Law in Georgia

You're really well past settling once they sue. That was something that could have been done prior to suit.

At this point you have a court case against you and you needc a lawyer. If you owe the money, you will soon face likely garnishment, and you do not want to communicate with their attorney without counsel.

If the debt is large, you may also need to look at bankruptcy.

Regardless you need to hire counsel well before the 30 days expires.

I disagree. Debts can be settled at any time, before litigation, during litigation or after judgment. You can file bankruptcy at any time too.

Unlike other attorneys, I do not believe in going to court as the only answer. It only makes sense to file an answer if one or more of the following exist: (1) they sued the wrong party (like an identity theft); (2) the complaint fails to attach proper documentation or states the wrong amount (interest added does not count); (3) the debt is barred by the statute of limitations; or (4) you already paid all or part of the debt and that is not taken into consideration.

Since I have not seen the complaint, I cannot comment on whether these defenses are viable. The statute is generally 6 years in Georgia. Were all the debts created in Georgia? Is there more than a reasonable chance that the creditor can prove that it is your debt? Some junk debt buyers cannot, so it makes sesnse in that case to challenge the lawsuit.

If none of the reasons apply, it makes no sense to hire a lawyer to answer the complaint. Whether you answer or not, they will get a judgment against you. The judgment is not the key, but its effect. It allows the creditor to garnish your wages. It can be renewed after 7 years and will be lien on any real property. It therefore needs to be resolved in some way.

Should you file for bankruptcy? I don't know your circumstances. If you are 80, live on Social Security and have no assets, probably not. If you have over $10,000 in debt and are young and hope to get credit in the future, then you might want to consider it. Many attorneys give free bankruptcy consults and you should get one.

If bankruptcy is just not an option, I can help for a reasonable fee. It will depend on whether you have funds to settle and the size of the debt. At the very least, I can work out a payment plan (depending on the size of the debt and what you can afford to pay per month) to keep the creditor from garnishing your wages. Usually, creditors may want1% to 2% of the debt per month. The debt gets bigger and carries 7% interest. Most creditors will settle for between 50% to 80% of the amount owed, if you can pay in a lump sum. The more you want to stretch out payments, the higher a percentage they will want and they might also want some interest.

Feel free to contact me if you would like my help.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC