Decatur Law | Decatur Repo / Credit Card Suit | GA | Clements Law Group |

Repossessions:

In Georgia, if your car is repossessed, the lender can sell your car at auction and then to sue you for the balance.  This is called a deficiency action.  Within 10 days of repossessing your car, they have to mail, via certified mail, a notice of your right to redeem the car and your right to request a public sale.  Many people refuse to claim their certified mail.  That is a huge mistake.  The law does not care if you claim it, only that they send it.  There are defenses to these suits.  This is a technical area, and best handled by an attorney.  We have successfully fought these types of cases.  Call us if you are in this situation.

Credit card lawsuits:

When you default on your credit card bills, you may hear that they have "charged off" your bill.  That does not mean that you do not owe the money.  The creditor sells your debt to a debt buyer, usually for pennies on the dollar and the debt buyer or collection agency then comes after you.  We also fight credit card lawsuits filed by debt buyers / collection agencies.  We raise the techinical defenses that stop them dead in their tracks.  If you are sued, you have legal rights that we are ready to protect.

It is right to fight:

Many people wonder if they should fight these suits.  They figure, they owe the money, so they should not fight.  First, the law governs what, and more importantly who you have to pay, and we raise these issues. Secondly, if you give up and lose, you will owe the full amount, plus their lawyer, plus interest, plus court costs.  You could end up owing thousands more than you thought.  If they win, they can garnish your wages, seize your bank account, and take your property, that hardly seems fair.  We get you justice.
 

Success stories:

Repossession suit for nearly $20,000.00 dollar claim resolved for $5,500.00. 

Our client was a divorcee who's ex spouse was supposed to pay for the car.  They defaulted and the car was repossessed.  Our client came to us facing summay judgment and a loss for $17,000.00 for the car plus attorney's fees and interest which would have been over $20k.  We filed an amended answer to the complaint, filed a response to summary judgment, moved to strike affiidavits, and asked for a hearing.  As a result of our aggressive action, the case settled for THOUSANDS less, even after you added in our fee.

Repossession suit for over $35,000.00 dismissed.

Due to the economy, our client voluntarily turned in their vehicles.  The company sold them at auction and came after them for over $35k.  We filed an answer and raised technical defenses and filed discovery motions.  We were able to expose serious flaws by the other side and got them to dismiss the case and pay some of our client's attorney's fees!

Credit card lawsuits dismissed.

Several clients were sued by differing debt buyers.  The clients were panicked, but called us.  We filed answers to these suits and filed discovery motions.  The debt buyers were unable to produce the items needed.  Each case dismissed.  We have had this to happen so many times, that it would take up too much space to list them all!

Closed account case closed.

A client came to us after they were contacted over a closed bank account.  The bank no longer existed, but they had sold the old debts to a debt buyer.  This client was certain that they had closed the account without a negative balance, but due to serious health issues, they were unable to fight this matter.  The out of state firm was threatening to sue.  After we got involved in the pending case, they backed down and closed their case.