 | Chapter 13 and Chapter 7 Car Accidents, Dog Bites... Lawsuit Representation
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| | Gwinnett Office
The Mecca Building
2024 Beaver Ruin Road
Norcross, GA 30071 Atlanta Office
260 Peachtree Street
Suite 2200
Atlanta, GA 30303
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Civil Litigation
What is civil litigation? Civil litigation is when people and or companies sue each other in court regarding some type of dispute and or controversy. A civil litigation attorney is an attorney who represents clients in court, which includes trial work. The law firm of Schuyler Elliott & Associates, Inc., mainly represents people regarding consumer issues such as credit card lawuits, automobile deficiencies, wrongful foreclosures and wrongful evictions. The most common type of lawsuit is where a creditor such as a credit card company has filed a lawsuit against an individual alleging that the indivudual owes money. Many people get confused when they are served with this type of lawsuit because they have not heard from this creditor in many years and their credit report shows that this particular debt was charged off. The term "charge off" does not mean that the debt is no longer owed. This is an accounting term which has benefits to the creditor and has nothing to do with whether or not the debt is still owed and whether or not the debt can still be collected upon. In other words, do not ignore these type of lawsuits. There are many defenses to these type of lawsuits and in many cases these lawsuits get dismissed.
Another common type of lawsuit we handle is in regards to a claim for an auto deficiency. Basically, this is a claim where a car was either repossesed and or voluntarily surrendered and the finance company has filed suit seeking the balance that was owed when the car was repossessed. In most cases, the vehicle was sold at auction and the balance owed should give credit for the sums received from the sale of the car. However, in Georgia there are certain requirements which must be met before the finance company can seek a deficiency judgment. However, this is up to you to raise these defenses with the ultimate goal of getting the claim dismissed and or mitigating the damages.  Defending people in lawsuits- Credit card lawsuits
- Automobile deficiencies
- Wrongful foreclosure
- Wrongful eviction
Wrongful foreclosure: This type of lawsuit involves a situation where the lender/mortgage company takes foreclosure action against borrower/homeowner and the foreclosure sale was not conducted properly. This is known as a wrongful foreclosure and you may be entitled to money damages. Also, sometimes the wrongful foreclosure action will provide the homeowner with leverage to get the house back.
Wrongful eviction: In most cases the landlord cannot use self help and or take certain action against the tenant without following certain rules. Amazingly, some landlords do not follow the rules and there could be a claim against the landlord for violating the tenants rights. |
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Schuyler Elliott & Associates, Inc serves Bankruptcy, Personal Injury & Civil Litigation clients in Atlanta, Georgia and the surrounding area.
This includes the cities of Norcross, Marietta, Acworth, Kennesaw, Smyrna, Douglasville, Decatur, Tuck, Duluth and Norcross,
and the counties of Gwinnett, Fulton, Cobb, Carroll, DeKalb, Douglas, Haralson & Paulding.
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