Legal Question in Credit and Debt Law in Georgia

I recently learned of the class action suit agianst MBNA and I am one of those who had the exact experience. I have been fighting a collection attorney who sent informatrion to an address identified as the wrong billing address to MBNA> MBNA has sent the bills/statements and every correspondemnce to the |"amilimg address" .. Now I learn that I have missed a deadline and there is a FIFA on my home that I own with my husband. I am about to close on a refinance to treduce the expenses.

q: 1: what vcan I do to remove the lien from the attorney? I sent an appeal to the judge and I have not received a response. I will be closing within the next three weeks. I have denied that I owe the amount . I filed a response as required with only one day notice of deadline . I believe that the collection attorney for MBNA( FIA) knew of this settlement . The suit as I understand has been settled. HELP please ASAP


Asked on 3/31/11, 8:45 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one here can advise you of the pending case, since obviously no one here knows anything other than you missed deadlines. What happened in other cases not directly involving you does not mean you don't have to meet deadlines in your case. Either hire a lawyer to TRY to fix the mess (in which case you still might owe the money), or if you owe the money, pay the debt. If you continue to try to fight, whether or not your case has merit, you should be prepared to either lose the sale (and face a claim from the purchasers for breach) or have the debt paid from the proceeds of the sale.

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Answered on 3/31/11, 8:51 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A fifa means you already lost a lawsuit. You may or may not have any remedy as some legal deadlines cannot be extended.

You MAY have three options: (1) Pay it (2) Pay a lawyer to review the case, or (3) file bankruptcy.

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Answered on 3/31/11, 9:04 am

You indicate that you missed a deadline and now there is a FiFa. A FiFa means that judgment was entered againist you. I don't know when that was but a judgment can be opened if you satisfy the grounds for that. It may be worthwhile to pay a lawyer specializing in credit card defense (I assume this is a credit card as you mention MBNA which is now FIA Card Services/Bank of America) to take a look at things and see whether this is a possibility.

You can pay, but you need not pay the whole thing. Don't mention anything about the impending refinance and see if they will settle the debt for 25% to 30%. No guarantees, but maybe they will. In such case, get this resolved and a satisfaction of judgment filed. You can use the wrong mailing address and the conduct of the collection attorney as arguments in your favor. However, I think I know about the class action and that has nothing to do with your case unless this was first done in the National Arbitration Forum and then transferred to civil court for enforcement.

Your refinance will not go through with this lien unless you can get the debt resolved. So if you can afford to do so, get this settled. Otherwise, you will have to file bankruptcy to remove the lien and, if you do, the refinance definitely will not go through.

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Answered on 3/31/11, 9:34 am


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