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Georgia Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi, press forgery charges in Plaintiff or Defendant or Contract Lease location county? Have handwriting expert opinion

I need to know what jurisdiction do I file in? Plaintiff resides Fayette County, Defendant resides Gwinnett County, Address of Contact Lease:Spaulding County. Forgery and Theft by taking

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, there are a few factors to consider when determining the appropriate jurisdiction for filing charges related to alleged forgery and theft by taking:

1. Location of the alleged crime: In most cases, criminal charges are filed in the county where the...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted by words where I've lived for 10 months with no lease in dooly Co. GA because of a disagreement.

I live at a home by invite ,ten months have passed. I was told to leave after a disagreement which I did on foot in pajamas .i am supposed to be on bed rest per the orthopedic specialist due to an injury that occurred at this home. I live there and want to go inside like i do cause i live... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that you are a tenant at will, meaning you live in the property without a formal lease agreement. In Georgia, a tenant at will is entitled to a 60-day notice before they can be required to vacate the property, according to GA Code § 44-7-7 (2020).... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can I be evicted by words where I've lived for 10 months with no lease in dooly Co. GA because of a disagreement.

I live at a home by invite ,ten months have passed. I was told to leave after a disagreement which I did on foot in pajamas .i am supposed to be on bed rest per the orthopedic specialist due to an injury that occurred at this home. I live there and want to go inside nut do not want to break... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Georgia, if you have lived in a property for more than 60 days without a lease, you are considered a tenant-at-will. This means that the landlord must follow the proper legal eviction process to remove you from the property, even if there is no written lease agreement.

The landlord...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can an apartment landlord suddenly start charging separate utilities when it was previously included in the rent?

Lease agreement states electricity is included. They suddenly want to charge 100 a month for one person in a small studio apt.

James L. Arrasmith
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answered on Mar 31, 2024

In most cases, a landlord cannot suddenly change the terms of a lease agreement during the lease period, including charging for utilities that were previously included in the rent. If your lease agreement clearly states that electricity is included in your rent, your landlord should honor that... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I just rented a government assistant Apartment. I have been her less than 3 months. My landlord is telling me I have 5

Days to vacate she is terminating my lease. Her reason is that I have someone staying with me who takes care of me. My doctor is happy to provide any paperwork she needs. I tried talking to her to resolve this issue and she says it out of her hands . I need to know what I can do. I moved across the... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. It sounds like a very stressful and concerning predicament to be in. Here are a few thoughts and suggestions that may be helpful:

1. Review your lease agreement carefully to see if there are any provisions related to guests, occupancy...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: I'm trying to file an appeal on a rid of possession eviction order at courthouse now fixing to walk in Magistrate Court

Can I do that in person at this time or do I need an attorney to do that but it must be done right now today

James L. Arrasmith
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answered on Mar 31, 2024

If you have received an eviction order from the Magistrate Court and wish to file an appeal, it is generally best to act quickly. Here are a few important points to consider:

1. Time limit: Most states have strict deadlines for filing an appeal after an eviction order is issued. You should...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Did you read a possession there's issued yesterday I was late to court ,can I file appeal in person today at courthouse?

I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?

James L. Arrasmith
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answered on Mar 31, 2024

I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:

1. Go to the clerk's office for the court that issued the dispossessory order (in this case,...
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1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

James L. Arrasmith
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answered on Mar 31, 2024

If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and... View More

1 Answer | Asked in Criminal Law and Civil Rights for Georgia on
Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

James L. Arrasmith
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answered on Mar 31, 2024

If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If it is first time in trouble and get a trafficking charge of Meth does Ga offer rehabilitation instead of prison?
Glenn T. Stern
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answered on Mar 31, 2024

Trafficking in methamphetamine carries a mandatory minimum prison sentence. That means the judge must sentence the person convicted to serve at least a certain amount of time, depending on the amount of methamphetamine. The minimum starts at 10 years, and goes up to 25 years.

The way to...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Anyway you can help me extend an eviction took my landlord 3 months to file and I need help doing the answer

Landlord purposely waited 4 months before filing for eviction to prevent me from getting rental assistance I was going to give me once they did. (They don't like my ESA which they've harassed me about ) They new once I got eviction document I would get payment which they would have to... View More

James L. Arrasmith
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answered on Mar 30, 2024

Facing an eviction notice can be incredibly stressful, especially under circumstances where you feel there has been unfair treatment regarding your situation and your emotional support animal (ESA). Given your situation, it's essential to respond to the eviction notice within the given two-day... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am paying into the registery of the court for my rent while my case is pending an appeal can I call code enforcement?

And get my water tested how do I get it enforced?

James L. Arrasmith
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answered on Mar 30, 2024

Yes, even while your rent payments are being made to the registry of the court during your case's appeal process, you can contact code enforcement. This step is important for addressing any concerns regarding the condition of your living space, including issues with water quality or other... View More

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Georgia on
Q: Landlord had water utility company shut off utilities

Rented the place from these people pay them money has screenshots of sending it through their cash app for utilities and hook the utilities up in my name and they shut it off at the water company today and they disconnected my water

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're dealing with a frustrating situation with your landlord and the water utility service. When you rent a place and agree to pay for utilities, either directly or through the landlord, there's an expectation that those services will be provided as long as payments are... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Do I have any rights or protection?

I have been living in my mom’s house for the past 4 years and have been her primary caregiver as her dementia worsened. I do not have a lease nor did I pay rent. However, I am now paying all the utilities. My mom is now in memory care and my siblings want to prepare the house to sell or lease. I... View More

James L. Arrasmith
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answered on Mar 30, 2024

Your situation sounds challenging, and it's understandable you're seeking clarity on your rights and protections under these circumstances. Given your role as a primary caregiver and the changes in your living situation, it's natural to have concerns about your next steps and housing... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can my girlfriends family kick me out of their home even when i can't afford to leave?

I moved to Georgia in June 2023 for a promised freelance job, but it fell through. Financially struggling, I ended up staying with my girlfriend's family, who welcomed me without setting a specific timeframe. My own family situation is unstable, with my mom unexpectedly leaving for New York.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Georgia, as in most states, your situation involves understanding tenant rights, even if there's no formal lease agreement. If you've been living in your girlfriend's family home without a specific agreement, you might still be considered a tenant at will. This generally means... View More

1 Answer | Asked in Real Estate Law and Banking for Georgia on
Q: I need help to obtain a mortgage loan modification.

I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More

James Clifton
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James Clifton
answered on Mar 30, 2024

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: What is a charge in Richmond county ga mean? The charge is " order to show cause; superior court"
James L. Arrasmith
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answered on Mar 29, 2024

When facing an "order to show cause; superior court" charge in Richmond County, GA, you're essentially being directed by the court to appear and present reasons or evidence on a particular matter. This legal directive is often used when the court needs to understand why a specific... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me

James L. Arrasmith
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answered on Mar 29, 2024

Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: if you open the door for a officer, is it their right to cover your ring camera without permission?

I was told by an officer, they only cover the ring camera when a person doesn’t open the door for an officer. My ring camera was not covered at the time, but as the search went on the camera was covered .

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 29, 2024

That's tampering with evidence and is illegal. You can sue the for a civil rights violation, though your judgment would be nominal without other damages and you can file a motion to suppress any evidence obtained as a result of the search.

1 Answer | Asked in Criminal Law for Georgia on
Q: If a probation officer comes to your house, without a probation warrant is that lawful? or unlawful?

Also, if one of the officers covers your ring camera without your permission is that lawful?

Brandon Alexander Thomas
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Brandon Alexander Thomas
answered on Mar 28, 2024

Probation can come at any time and search your house or car without a warrant. When you are on probation, you have a 4th amendment waiver, so you have waived your rights to searches without a warrant. If they find anything illegal during the search, you are likely to be arrested and charged with a... View More

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