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Questions Answered by Anitra Walker
2 Answers | Asked in Consumer Law for Georgia on
Q: Bit into a zaxbys chicken finger and found a fishing hook inside of it as I chewed it in my mouth. What can be done?

I didnt get hurt but could have.

Anitra Walker
Anitra Walker answered on Oct 28, 2019

Thankfully, you were not injured. Because you did not get hurt, there is no claim for personal injury. Did you immediately notify Zaxby’s that you found a fish hook in your food? More than likely they would be willing to offer you a replacement chicken finger meal.

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1 Answer | Asked in Small Claims for Georgia on
Q: Can legal action be taking against uber if I was charged a fee for a ride the driver canceled ??

I ordered a uber the driver came and as I was getting into the car he said that he accepted the ride my accident and that he was not taking it and canceled it made me get out. Uber then charges me a cancellation fee. I contacted them and told them I should not have to pay for a ride I did not take... Read more »

Anitra Walker
Anitra Walker answered on Oct 19, 2019

It does not appear you should have to pay a cancellation fee if you did not cancel the ride and the ride was not canceled because of something that you did. When you explained the situation to Uber, what was Uber’s reason for not refunding you the money? Was anyone with you when you attempted... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can you stop an eviction once a writ of possession has be ordered

I already went to court and had an eviction judgement attached is a writ of possession could i pay with in 7 days to stop being evicted

Anitra Walker
Anitra Walker answered on Oct 19, 2019

After the writ of possession is granted, the landlord contacts the Sheriff’s office to make arrangements for a Sheriff to supervise the landlord’s removal of a tenant who refuses to leave and/or the tenant’s personal property. At this point, it is too late to pay to stop the eviction, unless... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: I asked to file a motion to compel all responses instead of default judgement when writing interrogatories to defendant

Defendant filed to respond. Can I ask for default judgement?

Anitra Walker
Anitra Walker answered on Oct 9, 2019

From your question, it sounds as if you have filed a lawsuit against another party and have served them with interrogatories but they have not responded, and you are now inquiring as to whether you can ask for a default judgment. Generally, a default judgment is granted to the plaintiff when the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello, If I pay rent weekly, my security deposit was only 1 weeks' rent ( 150) Can my landlord use the deposit ifor

1 weeks rent ? and continue to pay rent going forward ? .

Anitra Walker
Anitra Walker answered on Oct 7, 2019

Yes, if the landlord is in agreement. However, normally, a security deposit is not to be applied to rent while the tenant is still occupying the property. The deposit essentially serves as security to your landlord, in the event you leave the property damaged or in the event you leave without... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: if a guest refuses to sign a lease, what should I do to get them evicted

Ex gf does not want to leave and does not want to sign lease rental agreement (month to month). what are my options? she has called the cops because I had to break in my basement (keys locked inside) and she has destroyed some of my personal property.

Anitra Walker
Anitra Walker answered on Sep 26, 2019

Although your ex-girlfriend has not signed an actual lease, because she is living in the property, a tenancy at will has been created. You will need to give her a 60-day notice to leave. If she remains after the 60th day, you can file a dispossessory (eviction proceeding) in the county in which... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: my former tenant states that he is not responsible for carpet cleaning after 3 years, chimney cleaning or broken fire

place starter or crack in back wall of fireplace.

Anitra Walker
Anitra Walker answered on Sep 26, 2019

If the damage done to the carpet, chimney, and fireplace is beyond normal wear and tear for a three year period, then your former tenant would be responsible for the cost of repair. If you are still within the 30 days of your tenant leaving the property, you can send them a letter with a list of... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can a landlord have people in my home before my move out? Can he sue me?

My ex and I signed the lease when we moved in paid a security deposit. My ex did damage to the house that the landlord had me pay for after the ex was gone. It was a domestic violence relationship and I filed restraining order removing him from the lease. I never got another lease with just me. My... Read more »

Anitra Walker
Anitra Walker answered on Sep 24, 2019

In most cases, a landlord will withhold a portion (or all) of the security deposit to cover damages to the property which are considered beyond normal wear and tear. If the damages are more than the amount of the security deposit, the landlord will send a bill for this additional cost to repair.... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I broke my lease, but the lease did not say that I had to pay 2 months rent.
Anitra Walker
Anitra Walker answered on Sep 17, 2019

Normally, there is a penalty for breaking a lease. My suggestion is to consult with an attorney and have them review your lease to determine whether you are responsible. They will have specific questions regarding your reason for breaking the lease such as, "are you on active duty military?"... Read more »

1 Answer | Asked in Collections for Georgia on
Q: How do I stop a garnishment of pay
Anitra Walker
Anitra Walker answered on Sep 16, 2019

There are a few ways to stop a garnishment. First, if you are the defendant, you may have adequate grounds to file a defendant's claim form. This must be done within 20 days after the garnishee (generally the bank or employer) files their answer to the garnishment. Filing bankruptcy is another... Read more »

1 Answer | Asked in Collections and Consumer Law for Georgia on
Q: I co-signed with my son 26 years ago for a wireless phone service. His account is in collection. Am I still liable?

I live in Georgia.

Anitra Walker
Anitra Walker answered on Sep 16, 2019

Generally, a co-signer is jointly and severally liable on an obligation. Therefore the creditor can pursue you, your son, or both of you for the debt. In this case, the statute of limitations is the timeframe in which the creditor would be able to bring an actual lawsuit against you and/or your... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: landlord claiming that part of security deposit is for first time movers fee but not shown on lease.

Our lease says entire 515 is for deposit and refundable but landlord says portion was for first time movers fee and non deductible.

We should get the entire refund based on the lease correct?

Anitra Walker
Anitra Walker answered on Sep 13, 2019

The landlord can keep the security deposit (or a portion of the deposit) to cover damages which occurred as a result of your time in the property. These damages must be more than the normal wear and tear that naturally occur. The landlord can also keep the deposit to cover any unpaid rent, late... Read more »

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