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Georgia Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law and Small Claims for Georgia on
Q: Can I file a case in small claims court if one parent will not split the medical cost?

I have a CS order that state medical cost are to be split 50/50. I am looking for a judgement for repayment.

Homer P Jordan IV
Homer P Jordan IV answered on May 2, 2022

You may be able to do that. Contact your local court to inquire about the process.

1 Answer | Asked in Contracts for Georgia on
Q: How do I sign a travel permit that allow my child to travel but also hold them accountable due to negligence,if occured?

I have a travel permit form and after signed, it allows the company to take my child to and from field trips, however, it also excludes them from being held liable for any accidents or misfortunes while transporting. I want to signed it but also state if there is any negligence, yes, they will be... Read more »

Glenn M. Lyon
Glenn M. Lyon answered on Mar 1, 2022

You would need to propose changes to the terms of the agreement and submit them to be either accepted or rejected by the travel entity.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Partner Financed vehicle, allowed me to make payments for 8 months. Without reason, came and reclaimed vehicle.

Refuses to return the vehicle and continue to deal, and refuses to give me any money back that have been paid into the vehicle. It was financed in their name. Verbal agreement on me keeping the vehicle and making payments.

Cory D. Raines
Cory D. Raines answered on Feb 26, 2022

Since there is no written contract about the essential terms of you all's verbal agreement, then much more information will be needed to better answer your question. Whether there are any written communications (text messages, emails, etc.) that indicate an understanding between you all. I... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Land Use & Zoning for Georgia on
Q: my bathroom sinks bath tubs washing machine and kitchen sink all drain into the ditch. Is this a breach of my lease in
Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

If there are health and safety concerns regarding a property you are leasing or renting, you may contact your local health department or consumer affairs division of the State for assistance. I have attached the tenant's handbook for Georgia.... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Georgia on
Q: I want to renounce my role as executor. Is there a form I need to fill out?
Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

Contact the probate court in the county that appointed you executor and ask for a "Renunication of Executorship" form. They may or may not have such form. If not, please contact your local bar for an attorney referral.

1 Answer | Asked in Contracts for Georgia on
Q: Can A living person be forced to enter into a contract
Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

Contracts are voluntary binding agreements between two or more parties. Any contract entered into under duress may later declared void by a Court.

1 Answer | Asked in Contracts and Small Claims for Georgia on
Q: Can you take someone to small claims court if they didn't have the money a few years back but has it now

I have have copies of checks cashed.got them out of jail was over a $1000.00

Bettie Carmack
Bettie Carmack answered on Feb 20, 2022

You can always file the answer in small claims court. If the judge determines that the claim is time-barred, the case will be dismissed.

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of serv

When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of service with the court? The court has uploaded the sheriff's entry of service showing the dates the plaintiff and garnishee were served... Just trying to see if I need to... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 30, 2022

Good question. Like any other magistrate court claim, when you initially file suit and request the marshal's or sheriff's department to serve the defendant, you are required to fill out a form called the "marshal's entry of service" or something similar to that. Once a... 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 »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I back out of a partnership real estate deal where the partners don't own title to the house

I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... Read more »

Glenn M. Lyon
Glenn M. Lyon answered on Dec 16, 2021

With a few exceptions that likely don't apply here, oral agreements are enforceable as long as you can adequately prove the elements of the contract. As such, just based on the fact that the agreement was not written would not give you the right to void the agreement. Otherwise, your rights... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: How do I answer a complaint?

A contract was signed and broken. A new contract was made, and implemented with automatic payments, then I received a summons.

Glenn M. Lyon
Glenn M. Lyon answered on Dec 8, 2021

Generally, you must file an answer with the court within 30 days of when the summons and complaint were officially served on you. As far as what to include in your answer, that is certainly too complicated for an online Q&A forum. Retain a litigation attorney and they will advise you on how... Read more »

2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

You need to visit and consult with an attorney.

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1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue the home seller of a home I purchased if they lied about having a permit on the disclosure agreement?

I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... Read more »

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

On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon answered on Oct 14, 2021

Not unless the lease requires it.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Government Contracts and Personal Injury for Georgia on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 2, 2021

A Georgia attorney could advise best, but your question remains open for four weeks. From the description that's posted, it isn't fully clear what you signed at the hospital while hooked up to IVs. But depending on the ownership of the truck and the circumstances of the accident,... Read more »

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Offer with CAVEAT tems Accept, Object, Reject or stand in total agreement...

Legal Notice Provided with a 11 day grace period with riders Offer Letter, Secured Prom Note/ Security Agreement , Note Purchase Agreement, Hold Harmless ..... Regulation D Filing with SEC 506(B) Transaction

Cory D. Raines
Cory D. Raines answered on Sep 23, 2021

Unfortunately, this is not a question and an adequate answer cannot be provided based on what is written and what is lacking. Provide more details and a legitimate question if you would like a response from one of the many qualified attorneys on Justia.

1 Answer | Asked in Contracts for Georgia on
Q: I am filing a suit against a paving contractor for work he did on my driveway.

He did not live up to the terms on the contract and refuses to fix the inferior job he did. I am filing a suit in small claims court for $14,985.00. His business address is his home address but the tax records show the property in his wife's name only. How would I go about putting a lien on... Read more »

Brennan R Block
Brennan R Block answered on Sep 21, 2021

Generally, you cannot simply place a lien on someone's property unless you are allowed to do so by state statute (i.e. by state law). A common state law that allows contractors to place a lien on their customers' property is the applicable state mechanics' lien law. That law... Read more »

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