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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: After you file a response and counterclaim in custody dispute in Georgia what is the law on when a hearing is supposed

To be held?

Michael D. Birchmore
Michael D. Birchmore answered on Jul 27, 2021

The Court will set the time for all the hearings in a case. If you are a proper party to the case, you will receive notice of the hearing.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Can my ex husband sue me for theft over a phone plan we had together?

When we were married we shared a phone plan. He made all the payments. When I left I took the phone I had and switched my number over to a new phone. Now he threatens me with suing me because I took the phone and also won’t pay him $659 for the phone itself. Can he do that?

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

This issue should have been resolved through the divorce.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Where can I find extensive information on writ of habeas corpus. Everything I found so far is directing me to West law

I don't need West law. I need other resources not just scanty information and cases. Thanks

Michael D. Birchmore
Michael D. Birchmore answered on Jul 15, 2021

I'm not really sure what to tell you. Westlaw basically has a monopoly on all written material regarding legal issues. You might try reading the United States Code (Federal statutes). Still, statutes are interpreted by the courts on a daily basis. As courts write opinions (rulings), the... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 28, 2021

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex harasses both my family and I and is now stalking me.

My ex will call my family and I (we all have him blocked) via blocking his phone number at all hours of the night. We have been separated a year now. He also stalked all my profiles on every platform trying to reach out to me until I blocked him. NOW all of my accounts passwords are trying to be... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 24, 2021

You might consider requesting a temporary restraining (protective) order. These are the same thing and are typically referred to as a TPO or TRO depending on the person. Check with the Magistrate court in your county.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: My neighbor has surveillance on my home 24/7 and posts his videos to Facebook inaccurate information to make me look bad

My neighbor uses his security camera as surveillance on my home 24/7 and he uses his video 2 post to Facebook inaccurate information to make me look bad and harass me on social media the video that he posted on Facebook on June 13th 2021 I have downloaded and I have the post where he was harassing... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 15, 2021

It would be difficult to impossible to tell you whether what he does is improper or not. One would probably need to see the camera in question and how it is "aimed." It could be that he is simply trying to keep his property safer. As to suing him, what are your damages? How have you... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: When it says 60 days from day of seizure....does that mean just 60 calendar days or business days??
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

60 CALENDAR DAYS.

AFTER THE 60TH DAY, IT WILL OCCUR WITH OR WITHOUT NOTICE.

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... Read more »

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 14, 2021

I’m so sorry to hear about your situation. What county is your case in? You may have to ask for a continuance. I’m happy to discuss the situation with you and see if we can assist at the hearing on Monday.

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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for Georgia on
Q: what motion do I file for mistrial in Jennelle court agast dfcs and they
Michael D. Birchmore
Michael D. Birchmore answered on May 7, 2021

I'm sorry. Your question does not make sense. It is incomplete.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Georgia on
Q: where to file civil suit against a store in cobb cty that lost my $5k machine. They're registered in Augusta.

Due to the store manager's negligence or carelessness they actually gave my machine to another customer and claim they can't get that customer to bring it back. Evidently we both took our matching machines in to be serviced at the same time. They refuse to replace my machine with a new... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 1, 2021

Make sure that you are actually dealing with a c o r p o r a t i o n and not simply a "business." Corporations are actual legal entities that have been registered with the GA Secretary of State. Note that OCGA 14-2-510 addresses actual corporations. Registered with the state. Not just... Read more »

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: Hello, I have payed a Rent deposit to a Family Member and Friend and I've recently been Evicted. A week from Payment.

Hello, I've been Evicted a number of times illegitimately in the past year and I've slowed to a halt with being mistreated this way. I am a full-time student and my Grandparents have threatened me to leave without returning my payment and I've also been Evicted without a Legal Dispossessory Process.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 29, 2021

Okay. File a wrongful eviction case if you believe that is appropriate, move out or live with it.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: Can I ask Superior Court of Georgia to reverse a dedault judgement because I was scared and ignorant of the laws of Ga?

I have lots of details and need help. Please help me. I feel like injustice is done upon me. I meant to spell that as DEFAULT judgement, I made a typo in the question.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 21, 2021

You can certainly ask. However, your request will be denied unless you can give a better reason for the default than you have given us. When you decided to represent yourself instead of retaining an attorney, in the eyes of the law you basically stated "I know the law and I don't need... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: I own a horse and my barn made a lease contract on her and I never saw or signed a contract, do I have to comply?

I was talking to the manager about leasing my horse. She said she’d be happy to help me out. All the sudden I go to the barn and I’m told I can’t do anything with my horse because she is leased on a contract I’ve never signed or read. She is also making money off this contract which I feel... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

Meet with a contracts/business law attorney and show the contract there. We really cannot provide dependable information to you when we have not read the agreement's terms.

3 Answers | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 27, 2021

Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.

As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in...
Read more »

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