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Questions Answered by Kent Bailey
1 Answer | Asked in Collections and Real Estate Law for Georgia on
Q: How to collect a default judgment in GA against a real estate broker?

I received a default judgment on March 28, 2025, for $6,500 against a real estate broker who sold my house to me. I haven't taken steps to collect the money yet. The broker is still operating in Georgia. What actions can I take to start collecting the judgment?

Kent Bailey
Kent Bailey
answered on Apr 2, 2025

A default Judgment operates the same as any other order entered by the court. There are a number of methods available depending on the order itself. To secure the judgment it would be prudent to secure a Fi.Fa. in the county ordered. From there you can negotiate directly with the Defendant, file... View More

1 Answer | Asked in Landlord - Tenant, Construction Law and Personal Injury for Georgia on
Q: Flooding due to construction site; what attorney do I need?

I am a renter and my home experienced flooding three times due to a nearby construction site, with the incidents occurring in September 2024, February 12th, and most recently on March 16th. The February incident was particularly damaging. I have not yet spoken to the construction company but have... View More

Kent Bailey
Kent Bailey
answered on Mar 17, 2025

From the facts asserted, I would recommend a real estate attorney with knowledge of both landlord/tenant and construction law. It appears that your damages are caused by the conduct of the construction company who would, for all intents and purposes, be the liable party for failing to adequately... View More

1 Answer | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Do I need to correct the security deed before drafting a new warranty deed in Georgia?

I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: How do I claim ownership of my deceased brother's land after paying taxes?

My brother passed away without leaving a will, and I have been paying the property taxes on his land for three years. My name was added as "Co" on the tax information, and now the tax bill is sent to my address, showing his name followed by "Co" and my name. I have not taken any... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

In order to legally transfer the title to the land, you will need to petition his estate to Probate in the county where he lived. Once his estate is approved, you can as the executor to the estate, transfer the title of the land via quitclaim deed.

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Georgia on
Q: Can I make a car dealer pay for transmission repair if bought "as is"?

I purchased a car four days ago, and I still owe $293 on it. The car recently stopped working due to a transmission issue. I bought the car "as is" after the dealer assured me verbally that there was nothing wrong with it. When I contacted the dealer, they refused a refund but offered to... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

A vehicle bought on an "as-is" basis will typically be very difficult to enforce any type of recourse as to a defect. That said, if you can prove that the dealer misrepresented the condition of the vehicle and nothing being wrong with it, then you could bring an action against the... View More

1 Answer | Asked in Probate for Georgia on
Q: Next steps for probate as next of kin in Georgia

My son, who was 100% disabled from the Air Force, recently passed away. He was not married and had no children. His assets include money from selling a house he inherited and two paid-off cars, totaling about $150,000. I'm his next of kin, and my family has agreed on how to divide the assets.... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

Probate in this instance may not be necessary, as bank accounts, either jointly owned or with POD status, pass outside of probate, and it is possible to transfer title of vehicles to immediate family members via affidavit. It may be worth working with an attorney on this process nonetheless, but... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Sued for breach of contract with unlicensed contractor in Georgia.

I am being sued for breach of contract by a contractor, but there was no written contract, and the contractor is not licensed in Georgia. The dispute involves remodeling work for a property I own. I paid the contractor $125,000 based on a verbal agreement about the scope of work, which took place... View More

Kent Bailey
Kent Bailey
answered on Mar 10, 2025

The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... View More

1 Answer | Asked in Business Law, Contracts and Civil Litigation for Georgia on
Q: Truck held by repair shop led to business loss. Legal actions?

I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More

Kent Bailey
Kent Bailey
answered on Feb 26, 2025

There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More

3 Answers | Asked in Probate and Real Estate Law for Georgia on
Q: Can sister sell deceased father's house without will or probate in GA?

My sister has been living in our deceased father's house for 10 years, and she now wants to sell it. There was no will and no probate proceedings have been initiated. We are 2 brothers and 3 sisters, including the sister living in the house, and as far as I know, my deceased father is the only... View More

Kent Bailey
Kent Bailey
answered on Feb 24, 2025

If your father was the only individual on the deed, then the home sale must go through probate. The probate process is designed to safeguard heirs such as yourself in this situation, where you can demand accounting, or object to your sister serving as the administrator. I recommend consulting... View More

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: What steps should I take if my landlord changes the locks and removes my property from a residence with no eviction
Kent Bailey
Kent Bailey
answered on Jul 13, 2024

What you are describing is a "Self Help" eviction. These are illegal in Georgia. You have a legally actionable cause of action. I would retain an attorney immediately.

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Georgia on
Q: Eviction default on payment plan and writ of possession notice.

I had an eviction filed against me due to late payments, but then signed a written agreement for a payment plan. I defaulted on this payment plan and have only received notice by text about a writ of possession being filed. I received the initial dispossessory notice, but I'm unsure of the... View More

Kent Bailey
Kent Bailey
answered on Mar 28, 2025

More information is needed here to provide an accurate answer. Was the initial dispossessory action dismissed or continued? Did the settlement agreement address anything with regards to default on the payment plan? You have an opportunity to contest the eviction if you have not already... View More

2 Answers | Asked in Probate, Estate Planning and Real Estate Law for Georgia on
Q: How to transfer deed to inherited property in Georgia?

I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More

Kent Bailey
Kent Bailey
answered on Mar 26, 2025

You can draft an administrators deed that transfers the property into the name of the beneficiary listed in the Will.

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1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue a dealer for not providing car title for registration in GA?

I purchased a car from a private dealer in Georgia in September 2024, intending it for my mother to drive. However, I cannot legally register the car because the dealer failed to provide the necessary title information to the Department of Revenue (DOR). Despite multiple attempts to resolve the... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

In short, yes you can sue the dealer for failure to deliver title in this situation. I would recommend discussing your options and recourse with an attorney.

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi I want to get out of my lease with receiving my deposit back my lease isn’t up until Feb 2025 but there are rodents

Infested within the home that I was unaware of I contacted my landlord in March and she told me to by rat traps which I did and since have caught 9 rats and there is something still in the home that’s leaving rat poop and has chewed through the walls . You can hear something moving around in the... View More

Kent Bailey
Kent Bailey
answered on Nov 3, 2024

Given what you have described in your question, it appears that you may qualify for termination of your lease under what is known as a "Constructive Eviction". A review of the terms of the lease would be necessary to advise specifically, however, I recommend that you speak with an... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbors cut down several trees in their backyard which caused a different tree to fall on my home. Are they liable?

The back yards are wooded and on slight incline. They also dug out a foundation and start building another house. They dug right next to the tree that fell on my house which softened the dirt and killed some roots.

Kent Bailey
Kent Bailey
answered on Jul 13, 2024

Additional information is required in order to provide a complete response. Is the tree located on your property or your neighbors? What is the extent of the damage to your home? Are you sure the fallen tree was caused by the activity of your neighbors? I would recommend speaking with an... View More

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I have breach of Contract/Account in Gwinneett County, Atlanta, GA. I wnat to know what's the law for Breach of Contract
Kent Bailey
Kent Bailey
answered on Jul 13, 2024

A breach of contract occurs when one party to the agreement fails to fulfill their legal obligation as defined by the terms contained within the contract. More information is needed to fully advise on your situation. I would recommend speaking with an attorney.

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