We were sued in superior court for property damages yet to be determined.
The plaintiff's attorneys are saying the debt is not dis-chargeable and have filed an AP.
Need to file answer soon. Please advise.
In 2004 my wife purchased a tax deed property in Fulton county Georgia. The tax deed describes the property as a rear lot of a 2.44 acre parcel having two lots.
A few months after purchasing the deed I went the lot to cut the grass after being advised by to so by attorney. That day I was approached by the owner of the adjoining property and assaulted for trespassing across his lot. The police were called no charges were filed and my assailant was asked to remove himself from the property.
Fourteen months later we hired surveyors to outline the two lots as part of a process to redeem the tax deed or perfect title. This time police are called out because the neighbor refuses to allow the survey to take place.
The neighbor also claims he is the owner of both lots. We filed a hearing in court to have him evicted.
We prevail. The judge told him if he was to pay the taxes (redeem the tax deed) that this would put an end to the foreclosure of the tax deed. He refused.
Three weeks later the Marshal comes out with a crew and places all his belongings outside the building.
Once his property is placed outside the building it is deemed abandoned according to state law.
After many of the items were retrieved by the owner of the adjoining property, the remainder was disposed of in a dumpster.
About ten days later the neighbor through his attorney claims they want to redeem the tax deed and are demanding the return of the property or they would sue.
We agree to the tax deed redemption but in no way were we going to be responsible for property that was deemed abandoned property and disposed of. They sue.
After $30,000 in attorney fees the attorney requests the court remove him from the case because we could not pay him to take the case to trial.
I tried to defend the lawsuit pro se. That was mistake. Going up against two skilled attorneys, one a former prosecutor who presented a case I can only say that was prejudicial and inflammatory.
I was totally unfamiliar with the rules of the court, rules of evidences, subpoena of witnesses. We got slammed.
The judge says that we were guilty of conversion and two-hundred thousand dollars of the plaintiff’s stuff. We appealed to the Georgia Supreme Court. The conversion count was upheld. They threw out the award for damages. So the case was sent back to the trial court to determine damages.
We could not afford another trial so we filed Ch. 7 bankruptcy.
Two days before the end date for discharge the attorneys for the plaintiff file an AP. They say that this is a non-dischargable debt.
Our BK attorney says that he does not represent us in the AP and if I want to hire him to bring him money. I have no money that’s why I filed Ch. 7
Please advise I have less than 72 hours to respond.
The plaintiff's attorneys are saying the debt is not dis-chargeable and have filed an AP.
Need to file answer soon. Please advise.
In 2004 my wife purchased a tax deed property in Fulton county Georgia. The tax deed describes the property as a rear lot of a 2.44 acre parcel having two lots.
A few months after purchasing the deed I went the lot to cut the grass after being advised by to so by attorney. That day I was approached by the owner of the adjoining property and assaulted for trespassing across his lot. The police were called no charges were filed and my assailant was asked to remove himself from the property.
Fourteen months later we hired surveyors to outline the two lots as part of a process to redeem the tax deed or perfect title. This time police are called out because the neighbor refuses to allow the survey to take place.
The neighbor also claims he is the owner of both lots. We filed a hearing in court to have him evicted.
We prevail. The judge told him if he was to pay the taxes (redeem the tax deed) that this would put an end to the foreclosure of the tax deed. He refused.
Three weeks later the Marshal comes out with a crew and places all his belongings outside the building.
Once his property is placed outside the building it is deemed abandoned according to state law.
After many of the items were retrieved by the owner of the adjoining property, the remainder was disposed of in a dumpster.
About ten days later the neighbor through his attorney claims they want to redeem the tax deed and are demanding the return of the property or they would sue.
We agree to the tax deed redemption but in no way were we going to be responsible for property that was deemed abandoned property and disposed of. They sue.
After $30,000 in attorney fees the attorney requests the court remove him from the case because we could not pay him to take the case to trial.
I tried to defend the lawsuit pro se. That was mistake. Going up against two skilled attorneys, one a former prosecutor who presented a case I can only say that was prejudicial and inflammatory.
I was totally unfamiliar with the rules of the court, rules of evidences, subpoena of witnesses. We got slammed.
The judge says that we were guilty of conversion and two-hundred thousand dollars of the plaintiff’s stuff. We appealed to the Georgia Supreme Court. The conversion count was upheld. They threw out the award for damages. So the case was sent back to the trial court to determine damages.
We could not afford another trial so we filed Ch. 7 bankruptcy.
Two days before the end date for discharge the attorneys for the plaintiff file an AP. They say that this is a non-dischargable debt.
Our BK attorney says that he does not represent us in the AP and if I want to hire him to bring him money. I have no money that’s why I filed Ch. 7
Please advise I have less than 72 hours to respond.
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