Legal Question in Civil Litigation in Georgia

getting complicated

Someone assumed the lease on my car and has been late several times. I have had to make the payments and have demanded the money back. He is an attorney and i threatened to contact the GABAR and report him for unethical behavior and charge him 1.25 per day interest if he did not pay. He sent me a letter stating he has a claim because I threatened him and he can collect damages for that and I committed a misdemeanor by threatening to charge 1.25 a day and a 360.00 balance. He sent GA law 7-4-18 where it states I can not charge more than 5% a day. I never really charged him the interest nor did he pay any. This joker is an attorney. Does he really have a case? He now owes me almost 2000.00 for payments I have made. I also paid him a 300. incentive to take over the lease. Can I sue for that back because I have had to make the payments?


Asked on 6/06/09, 8:08 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: getting complicated

I do suggest you make a bar complaint.

Assuming a lease without the consent of the lender is a breach of contract and while that means you are in the wrong, so is he, and, as an attorney, he may have breached ethical duties in not telling you that.

Having said that, since you also acted illegally, it would be hard for either one of you to get help from a court. You need a lawyer and it will likely cost each of you a lot of money to resolve this.

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Answered on 6/06/09, 8:23 pm


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