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Questions Answered by Seth Meyerson
3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 27, 2020

What does the lease say? Usually, leaks, even in commercial property are the responsibility of the Landlord.

So, your options are probably:

1. Repair and deduct,

2. Sue for breach of contract, or

3. Declare the lease breached and leave.

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1 Answer | Asked in Collections for Georgia on
Q: My 82 yr old mother lives in Georgia. She has social security and pension payments each month.

She's been served papers For cc debt of roughly 13k. Owns a home fmv is 61980 assessed is 24792. Is the property at risk based on ga exemption laws

Seth Meyerson
Seth Meyerson answered on Oct 26, 2020

You have a couple of options here. Talk to a Georgia Attorney who handles debt and lawsuits.

Seth Meyerson

4 Answers | Asked in Bankruptcy for Georgia on
Q: can debt I am cosigned on be included in my bankruptcy if I have a financial POA for my mom

My Mom is incapable of handling her debt . Can I file BR and include her debt I am cosigned on ?

Seth Meyerson
Seth Meyerson answered on Oct 26, 2020

Assuming a successful chapter 7 bankruptcy, the debt you are cosigned on will no longer be collectible as to you. This debt will still be collectible against the primary signor for the debt.

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1 Answer | Asked in Criminal Law and Child Custody for Georgia on
Q: When taking a plea bargain, can the district attorney add a charge for a person who is not involved in the case?

Been fighting back and forth for criminal trial and finally been offered a plea bargain. First judge said no but going back in front of another who is certain to sign and accept. Just worried that might be added a charge. Was promised first offenders act of Georgia with the two charges.

Seth Meyerson
Seth Meyerson answered on Oct 20, 2020

You need an attorney.

1 Answer | Asked in Libel & Slander for Georgia on
Q: Can I sue someone in Georgia for writing fake review about my business?
Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

Perhaps. Writing something that is damaging professionally and untrue might be grounds for a libel suit.

1 Answer | Asked in Employment Law for Georgia on
Q: Should I still get paid?

I am on salary and I’m company is wanting to shut down for a few week, because business is slow but not put us on unemployment status. Should I still get paid for the time I’m forced to take off?

Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

Yes, the company can furlough you. However, yes, you should apply for unemployment benefits.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Are you able to be charged for first degree murder when in an achohol blackout
Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

Sounds like an interesting question. Probably not. Of course, proving you were in an alcohol blackout might be difficult.

2 Answers | Asked in Probate for Georgia on
Q: spouse of 13 yrs died w/o will in GA. He had real-estate lot and 3 cars in his name. No children. Only wife.

Can wife sell house to pay off mortgage and transfer cars without probate?

Seth Meyerson
Seth Meyerson answered on Oct 19, 2020

To transfer the property to your name, you will need to probate the estate. This will also allow the retitling of the cars. Consult with an attorney.

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1 Answer | Asked in Employment Law for Georgia on
Q: Hi! I think I’m being misclassified as an independent contractor when I should be W-2. Is this illegal?

I have to wear a certain uniform, work the hours they tell me to, and work how they want me to. Taxes are also *not* taken out of my check

Seth Meyerson
Seth Meyerson answered on Oct 18, 2020

This is always an interesting question: Does the employer exercise so much control over an individual that the individual must, legally, be an employee. This is a very fact-specific and detailed inquiry. Make an appointment with a local employment attorney to discuss. You may be able to recover... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: My job has yet to give me my $1,000 bonus.

I recently began a job that stated in their job description that we would receive a $500 sign on bonus after passing required certification exam and working (8am-430am) for 2 weeks. I also received another $500 employee referral bonus. I have both of these amounts posted in my work portal, but have... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 18, 2020

It depends where they told you that you would get these amounts. You may have a breach of contract suit. They cant really dodge your e-mails, can they? Other e-mails are answered from the same addresses? You work there?

So you have a record of asking for your funds. This might support...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If a district attorney commits a felony of theft of a vehicle while in office, should he be impeached?
Seth Meyerson
Seth Meyerson answered on Oct 18, 2020

Was he convicted of the crime?

1 Answer | Asked in Criminal Law and Wrongful Death for Georgia on
Q: What would a aggravated assault charge be in Ga.Daughter protecting sister from husband and hit him and he filed charges
Seth Meyerson
Seth Meyerson answered on Oct 18, 2020

The daughter might have a justification defense to charges.

1 Answer | Asked in Criminal Law for Georgia on
Q: What is the statute of limitations on accessory to after the fact in the State of Georgia?
Seth Meyerson
Seth Meyerson answered on Oct 17, 2020

Two years.

1 Answer | Asked in Employment Law for Georgia on
Q: Is it legal to ask all employees to fill out a Justifacts report, after they have been employed for 20 years?
Seth Meyerson
Seth Meyerson answered on Oct 16, 2020

Yes, it is within the employer's rights to do so in Georgia.

2 Answers | Asked in Criminal Law for Georgia on
Q: If the parole board in Georgia recommended a TPM for 2026 but the inmate is not parole eligible til2021 can they comebac

My max out is 2027 my parole eligible date is 2021 but they gave me a TPM( tentative parole month) for 2026 but they said with my pic points I can be released as early as September 2025 . but my grid guidelines recommended 35-60 months but the parole board departed from it because the said I was a... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 16, 2020

Not unless they are prompted to review the case again. Talke with an attorney.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: What is our liability when buyer wants repair money after closing on house sold "as is"

House sold "as is" with clause initialed by buyer and sellers. Disclosure of basement leaks/repairs made on standard real estate form for sellers. Now, there is a new leak. Buyer wants more money. Says neighbor told her leaks were common occurrence which isn't correct.

Seth Meyerson
Seth Meyerson answered on Oct 16, 2020

Probably not liable for new leaks. Talk with a Georgia attorney about the particulars.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: Do tenants have a legal right to receive a receipt for paid rent in Georgia? Because I'm having issues with management
Seth Meyerson
Seth Meyerson answered on Oct 15, 2020

As long as you do not pay with cash you should have a record of your payment.

2 Answers | Asked in Probate for Georgia on
Q: As an heir of an estate still in probate in Georgia, can i request to see my mother's bank statements?

Our sister is not completely honest and not easy to give information. We feel she may have helped herself to $ while our mother was in hospital. Can we request this thru probate?

Seth Meyerson
Seth Meyerson answered on Oct 15, 2020

Yes, you can demand an accounting as an heir.

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2 Answers | Asked in Criminal Law for Georgia on
Q: I got my fourth offense shoplifting charge is it possible to avoid going to jail

What is the longest jail time that I should serve if they bound it over to superior court

Seth Meyerson
Seth Meyerson answered on Oct 12, 2020

You need a good attorney

"Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be...
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2 Answers | Asked in Criminal Law for Georgia on
Q: What are the requirements for a person who is incarcerated to participate in the work detail program??

How to find out if the police had knowledge that drugs were being brought in to the jail prior to the event and allowed it to happen??

Seth Meyerson
Seth Meyerson answered on Oct 11, 2020

What does one issue have to do with the other?

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