Legal Question in Credit and Debt Law in Georgia

Two years ago I defaulted on a line of credit with a large, national bank after losing my job. At the time I lived in Florida but have since moved to Atlanta. Last week, I was served with a lawsuit filed in Fulton county from the LOC bank. They are seeking a judgement on the balance I owe them ($45,000). Upon contacting the firm representing the bank regarding a possible settlement, I learned the bank had filed the same lawsuit two other times in Florida but subsequently voluntarily dismissed both lawsuits because I had moved and they were unable to serve me.

Both Georgia and Florida have very similar civil cods that state a second voluntary dismissal by the plaintiff operates as an adjudication when the plaintiff has previously dismissed the same claim in any court. This has me wondering if the bank can legitimately sue me on the same claim for a third time?!? Should I lawyer up fight the merits of the lawsuit vis-a-vie the previous dismissals?


Asked on 6/15/16, 6:14 pm

1 Answer from Attorneys
Rachel Hunter

Yes, the bank can legitimately sue. Lawsuits in Florida do not count. I don't care how similar the state laws are; what happened in FL does not apply to GA. It sounds to me like the bank could not find you in FL when the lawsuits were filed.

You owe a lot of money. Rather than face a wage garnishment, bank levy or seizure of your assets, you will want to consult an attorney. If you are going to file bankruptcy, then consult a bankruptcy attorney and get this filed now. If you have an eye towards settling the debt, then seek out an attorney who handles debt settlement kinds of cases. Most unsecured debts can be settled/resolved in some way. You can fight the lawsuit, but not on the grounds you propose. However, it does not sound like you will have much of a defense since you admit the debt was yours.

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Answered on 6/16/16, 9:38 pm


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