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Georgia Questions & Answers
1 Answer | Asked in Child Support for Georgia on
Q: My child support case said it was denied and that a case already existed on $tars? What does this mean
Regina Irene Edwards
Regina Irene Edwards answered on Jan 28, 2022

It means there is already a child support case open.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Trying to take my name off a home that my ex wife was supposed to refinance and do years ago. Deed is in her name.
Michael D. Birchmore
Michael D. Birchmore answered on Jan 27, 2022

PLEASE NOTE THAT I AM A GEORGIA ATTORNEY. THIS RESPONSE ADDRESSES THE ISSUE ONLY IN THE CONTEXT OF GEORGIA LAW. IF THE ISSUE INVOLVES LAW FROM OTHER STATES, PLEASE CONTACT AN ATTORNEY IN THAT SPECIFIC STATE. Okay. First, unless your name is actually on the deed you won't need to do... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: I was hired and signed a written job offer on 12/09/2022. What can I do to hold this company accountable for the offer?

It now has been approximately 2 months since I was told to wait until the background check is complete. I have reached out to the hiring company several times for an update. I know I have a clean background including no drugs, but they have not been cooperative as to my start date. Hopefully, you... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 26, 2022

A job offer letter is typically not the same as an employment contract that may guarantee you a certain start date. Unless you have an employment contract that provides for a set start date by which you will begin work and begin receiving compensation, there is nothing you can do but wait until... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Litigation for Georgia on
Q: If I paid a retainer in 2020 and atty didn’t tell me she rep the def prev. Will she have to pay it back?
Robbie Levin
Robbie Levin answered on Jan 25, 2022

You should discuss it with your attorney.

1 Answer | Asked in Child Support and Divorce for Georgia on
Q: Can a divorce atty rep. a defendant in 2006 child support case & now rep me divorcing same person that she represented
Robbie Levin
Robbie Levin answered on Jan 25, 2022

That would likely be a conflict of interest, and that attorney would not be permitted to represent you.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Probate for Georgia on
Q: How can I get assistance in probating an estate?
Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

Hire a competent GA attorney. Start by contacting the GA lawyers on this site.

1 Answer | Asked in Family Law for Georgia on
Q: Can a judge order me to take my kids out of school to visit their father in another state?
Homer P Jordan IV
Homer P Jordan IV answered on Jan 25, 2022

A judge could order such a thing, depending on the facts of the case, which the judge would take into account before making such a judgment. You may want to consult with an attorney who can review the case in detail and provide you with feedback.

1 Answer | Asked in Criminal Law for Georgia on
Q: Bond vs probation officer

family member was arrested for DUI. She was on probation for a previous offense (DUI) although it was reduced to reckless driving. Does the probation officer ultimately make the decision on whether the individual is released or not?

Morris  Margulis
Morris Margulis answered on Jan 25, 2022

These are two cases, the new DUI and the old one, and each case gives the government an independent, though related, claim on holding your family member in custody.

On the new DUI, the probation officer cannot prevent a bond from being granted.

On the old DUI/reckless, the probation...
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1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: The person permitted to drive my vehicle was unlicensed and got into an accident. What is the punishment for § 40-5-122?
Morris  Margulis
Morris Margulis answered on Jan 25, 2022

It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.

Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle....
Read more »

1 Answer | Asked in Small Claims for Georgia on
Q: I was asked to go talk to a detective about the allegations that i stole jewelry. How can I maintain my innocence.

The prosecutors have no evidence besides the fact that I knew where the key was. (Under the front door mat)

They said I pawned it off. I have never been to any pawn shops ever.

Can I ask the detective to swab for fingerprints because I know I never touched it?

The... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

You need to contact a criminal attorney immediately.

1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Is it illegal to serve process on a 15 year old?
Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Husband abandoned our car (in his name only) and the family over a year ago. Do I have any rights to it, Can I sell it?

I found the car not too long ago abandoned, just as he abandoned the family. He is an alcoholic with many DUI's and domestic charges. He won't be driving anytime soon. Plus I am being told he moved out of state. I need money, he has not paid any child support. I have our marriage... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 23, 2022

You can only sell a car if it is titled in your name. If it isn't, then a divorce court will have to award you the car prior to you selling it.

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1 Answer | Asked in Personal Injury for Georgia on
Q: Early this year I noticed mold and what appeared to be black mold in my office at work. Reported it. Nothing done.

Early this year I noticed mold and what appeared to be black mold in my office at work. Prior to that and after that I've had tons of respiratory problems including coughing, sore throat, shortness of breath, headache etc. In June, I reported the mold to my director both in my office and the... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. Based on your description, this looks like it arose in the course of your employment. One option is to see if you could arrange a free initial consult with a Georgia workers' comp attorney. It's possible... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years

Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years with no help , I added him to my deed upon getting married , we have a child that’s in college… can I keep my property?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 23, 2022

It is not a foregone conclusion that you will have to sell your house. Refinancing may be an option, or an exchange of other marital assets in lieu of accumulated equity. You need to speak to an attorney who will be able to look at exact numbers so they can give you specific advice.

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2 Answers | Asked in Criminal Law for Georgia on
Q: can i be arrested for criminal trespass at my house for beaking a chair because my wife had her boyfriend there.

I came home her boyfriend was there I broke a chair he called the cops and left they arrested me for criminal trespass

Robbie Levin
Robbie Levin answered on Jan 22, 2022

You have asked if you can be arrested for something when you’ve already been arrested for it. So clearly the answer is yes. The real concern is whether you can be convicted. I would need to know more facts about the case, but it sounds like a winnable case for you.

I’d recommend...
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1 Answer | Asked in Personal Injury for Georgia on
Q: does a dismissal without prejudice require an order to be signed by a judge?
Michael W. Horst
Michael W. Horst answered on Jan 21, 2022

No. An action may be dismissed by the plaintiff, without order or permission of the court, by filing a written notice of dismissal at any time before the first witness is sworn in at a trial.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Hi, I was given a ticket for hitting a vehicle parked on the highway median. No one was in the vehicle.

FAIL TO NOTIFY OWNER/FIXED OBJ STRUCK (40-6-272). I was picked up by ambulance and taken to the hospital. The policeman gave me a ticket while I was lying down in the ambulance for not contacting the owner of the vehicle I hit. Can I dispute this ticket and have the ticket removed from my record?

Morris  Margulis
Morris Margulis answered on Jan 21, 2022

Based on the facts presented, you should absolutely dispute this ticket. You need to be careful, however, as the most glaring error on this ticket is one that can easily be corrected by a competent prosecutor.

Please contact my office if you would like further assistance.

2 Answers | Asked in Divorce for Georgia on
Q: If I got married in Louisiana but me and my spouse lived in ga for a year together which state do I file for divorce?

We don’t have assists or kids to split and have not been together for over 12 years

Robbie Levin
Robbie Levin answered on Jan 21, 2022

Generally, the state where you got married is not a factor in where the divorce is filed. You file for divorce in the State where you/your spouse are currently living. Some states have residency requirements. In Georgia, you need to live here at least 6 months prior to filing.

For more...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: I have 3 sisters if my mother passes her house was left to the 3 of us but my one sister signed her half over to me.

Does this mean that I have more say over what we do with the house then my other sister

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2022

No you are still a Tenant In Common with the other owners.

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