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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: I live in Midway Ga, back in 2010 my ex-husband died in Puerto Rico & Forensics Agency won't write out death certificate

I've traveled 4 times to PR in 14 yrs with no success. They give me excuses: study remains, waiting Forensics from US, it's still an open case, Supervisor is not in. My daughter's collected 0, no resources cause Cience Forensics & Pathology in San Juan won't emit one. Do I have a case??

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that you have been struggling to obtain a death certificate for your ex-husband from the Forensics Agency in Puerto Rico since 2010. The lack of a death certificate can indeed cause various legal and financial difficulties, such as claiming benefits... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his... View More

James L. Arrasmith
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answered on Mar 6, 2024

When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Auto left on my property about 7 years ago. Owner refuses to have it removed. What is my recourse?

the auto does not run. I contacted the owner several times and he always promises to have it removed but never does.

James L. Arrasmith
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answered on Mar 2, 2024

In this situation, you may have legal recourse to address the abandoned vehicle on your property. Firstly, familiarize yourself with the laws and regulations regarding abandoned vehicles in your jurisdiction. These laws typically outline the process for dealing with abandoned vehicles and may... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
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answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: In Georgia, can a person help another administer medications (such as inhaler or e-pen) during an emergency.
Lindsey S. Macon
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answered on Feb 11, 2024

Each case will turn on its own facts, and this description is fairly limited. The general answer to your question is YES, a good Samaritan trying to assist a person with an emergency choking or "not breathing" situation is usually shielded from being liable. One common example of this is... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: Does it seem correct to charge someone $1500 to write there ex husband a demand for money owed to her when house sales

Repayment for the remodeling done on house for it to sale. I want reimbursement and have receipts

T. Augustus Claus
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answered on Feb 9, 2024

In Georgia, charging $1,500 to draft a demand letter to an ex-husband for money owed from the sale of a house, specifically for reimbursement of remodeling expenses, can be considered reasonable depending on several factors. These factors include the complexity of the case, the amount of money... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Can the police come to my yard and tow my truck without my permission

They came to my house and said that I don't have insurance. I showed them proof of insurance, my registration, and my license and they still took it. This is the second time. The fist time I had to pay 1,200 dollars to get my truck back.

James L. Arrasmith
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answered on Feb 4, 2024

In the United States, law enforcement agencies generally have the authority to tow a vehicle if they believe it is in violation of certain laws or poses a threat. However, the specific circumstances vary by state and local regulations.

If you have valid proof of insurance, registration,...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Georgia on
Q: Are HOAs in GA bound by covenants only or state law as well?

Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to... View More

James L. Arrasmith
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answered on Jan 29, 2024

Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict,... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex bought me a truck as a gift, have witness and texts . Also promissory note and video.

My ex bought me a truck as a gift , the dealer said he would have to be the owner only because he bought it with a card. I would have to sign as a co buyer. He stated he was going to completely sign his name off the title as soon as it came . Fast forwarded. He offered to sign a promissory note and... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your situation, it's important to understand that gifts, once given, are typically considered the property of the recipient. The fact that your ex bought the truck for you and you have evidence such as witness testimony, texts, a promissory note, and a video stating his intention to gift... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where your cell phone was taken by the police during an arrest and not returned, several legal issues are raised. First, it's important to understand that law enforcement has certain protocols for seizing property during an arrest. However, there should be a clear process... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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answered on Jan 11, 2024

It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Georgia on
Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?

Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 2, 2024

It's not up to a defendant to make it easy for the plaintiff to serve them. If they won't provide a home address then you may have to use other resources to locate that address such as a background check, private investigator, skip trace, etc. You could also try and determine their... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
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answered on Jan 1, 2024

If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More

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1 Answer | Asked in Tax Law and Civil Litigation for Georgia on
Q: Hoy can i join the lawsuit against Optima Tax Relief?
James L. Arrasmith
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answered on Dec 31, 2023

If you're considering joining the lawsuit against Optima Tax Relief, there are several steps you should take:

Seek Legal Advice: First and foremost, consult with an attorney experienced in class action lawsuits or consumer protection law. They can evaluate your specific situation and...
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1 Answer | Asked in Banking and Civil Litigation for Georgia on
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to

Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or... View More

1 Answer | Asked in Communications Law, Landlord - Tenant and Civil Litigation for Georgia on
Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?

Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself... View More

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answered on Dec 21, 2023

In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Georgia on
Q: Is it possible to over turn a lawsuit judgement?
T. Augustus Claus
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answered on Dec 19, 2023

Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More

1 Answer | Asked in Contracts, Small Claims and Civil Litigation for Georgia on
Q: Can I sue?

I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.

Sabrina A. Parker
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Sabrina A. Parker
answered on Dec 18, 2023

Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or... View More

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