Jim Fletcher
Georgia Business & Real Estate Attorney – (678) 607-6053
Time to open default shortened in actions for writ of possession
A lender with a secured interest in personal property may seek to foreclose on the property. In the case of Mathis v. River City Bank, the bank made a $425,000 loan and had a security interest in farm equipment and →
If sued for credit card debt, call a lawyer
If you are pro se and elect to proceed without a lawyer, are the court and judge responsible to ‘look out for you’ and forgive your procedural errors? In affirming a judgment against a debtor on a credit card debt, the → Once CD garnished, customer cannot sue bank for funds
When Elmore Copeland has his accounts at Wachovia Bank garnished in 2003, Wachovia tendered the contents of Mr. Copeland’s certificate of deposit with the court. Mr. Copeland did not file a ‘traverse’ or otherwise oppose the propriety of the garnishment. Seven → Denial of arbitration regarding loan agreement is not directly appealable
Frequently, loan agreements and other contracts will contain arbitration provisions. These provisions may implicate the Federal Arbitration Act. If one of the parties seeks to enforce the provision, then it may require the parties to arbitrate instead of going to →
Bank affidavit sufficient to establish interest rate in suit on note
In Shropshire v. Alostar Bank of Commerce, Case No. A11A1770 etc. (Ga. App. February 23, 2012), the Georgia Court of Appeals rejected a challenge to the sufficiency of evidence on the interest rate. The subject note had a variable interest →
Bank need not “mitigate damages” by foreclosing first and then suing on note
In Shropshire v. Alostar Bank of Commerce, Case No. A11A1770 etc. (Ga. App. February 23, 2012), the Georgia Court of Appeals approved its decision in 2010 in the case of REL Development, Inc. v. Branch Banking & Trust Co., 305 Ga.App. →
Judgment including attorney fees may exceed limit on liability in guaranty
In the case of Boat Ramp Rd. Partners LLC v. First State Bank Inc., Case No. A11A2231 (Ga. App. February 29, 2012) where (a) multiple guarantors each executed an independent guaranty to a note, (b) each guaranty capped the respective →
Bank’s motivation in declaring a default and refusing to restructure debt held immaterial
In the case of Martin v. Hamilton State Bank, Case No. A11A1588 (Ga. App. February 24, 2012) the Georgia Court of Appeals held that a lender does not breach the implied duty of good faith and fair dealing when it →
Court of Appeals Rejects Promissory Estoppel Defense to Suit On Note and Guaranty
The Georgia Court of Appeals held that the State Bank of Cochran (First Laurens Bank) was entitled to collect on a promissory note, because the Defendants admitted to having failed to repay the bank despite having entered into the →