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Questions Answered by Cory D. Raines
1 Answer | Asked in Small Claims for Georgia on
Q: I was asked to go talk to a detective about the allegations that i stole jewelry. How can I maintain my innocence.

The prosecutors have no evidence besides the fact that I knew where the key was. (Under the front door mat)

They said I pawned it off. I have never been to any pawn shops ever.

Can I ask the detective to swab for fingerprints because I know I never touched it?

The... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

You need to contact a criminal attorney immediately.

1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Is it illegal to serve process on a 15 year old?
Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... 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 »

2 Answers | Asked in Car Accidents and Personal Injury for Ohio on
Q: Am I entitled to my lost wages due to time off because of medical related to a car accident

I was passenger of the vehicle not at fault we were parked and parking spot at a convenient store. A commercial box truck slammed into us so hard they totaled the car we we were in. Me and the driver went to the ER my friend was off work 3 days with wip lash. During a MRI we found a brain aneurysm... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Under Georgia law, those that are injured through no fault of their own may be entitled to damages, which includes compensation for pain and suffering, medical bills, and lost wages. The insurance company will be responsible for paying out these sums and will most certainly try to limit their... Read more »

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law on
Q: Hi can i kick my housemate out?

•I am the only legal Tenant of the property as I signed the contract

I have an occupier living in my rental home. The person and I lived together for around a year but her name is not on the contract. She has not payed 3 weeks worth of rent and also rejected to pay the bills. Is it... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Under Georgia law, a renter may evict a roommate or other person whom is not on the lease. Before you can initiate eviction proceedings, you will need to give them written notice and they must refuse. Once this phase is completed then a dispossessory action can be filed at the county's... Read more »

2 Answers | Asked in Car Accidents for Georgia on
Q: I had a the car accident that was denied the claim was denied because the police office wrote the wrong things on report
Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

I hope you are feeling much better from the accident. Liability denials and refusals to pay damages are routinely issued by insurance companies. Each case is different and relies on the specific circumstances involved in the incident. This includes relevant evidence collected at the scene, what... Read more »

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1 Answer | Asked in Constitutional Law for Georgia on
Q: My daughter got drunk and started trying to put her hands on everybody and busted my house window so I called the police

The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... Read more »

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

She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: I am a small time handyman, I have a client that refuses to pay on a paint sizable paint job. What do I do?

My employee and myself were 3 days into a 4 day paint job. When at 3 am the 3rd day we ran out of paint. The client told us not to come back. Never paying us a cent.

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

Great question. So long as there was a valid contract and you substantially performed under those contractual obligations, you will likely be entitled to payment and or damages for client not paying you.

Depending on the underlying facts, you could be entitled to damages as well as...
Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Georgia on
Q: Can I be suspended after 1 write up

I was written up for something I did not do and i refused to sign the write up. I questioned my general manager of how I could write him up and he suspended me for a week

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

It is recommended that you check your employee handbook and other policies that you should have been given prior to your employment. However, Georgia is known as employee-at will state, which means you can be fired for any reason or no reason at all, so long as that termination does not violate a... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If you are licensed to carry in ga and you point a gun at someone and they take a warrant do you automatically do time
Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

This question is vague and without more cannot be adequately answered. However, licensed or not you do have the right to protect yourself from imminent threats of harm or danger posed by others. Specifically, under Georgia law, you may stand your ground and use reasonable force to defend yourself... Read more »

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 Consumer Law for Georgia on
Q: Can a debt collector put a lien on my home if my daughter is on the mortgage as well and the debt is not hers
Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

In Georgia, the creditor would first have to sue you in one of the state courts and then obtain a judgment against you. Then that creditor can record that judgment on any property that you have, real or personal property. This includes any property that is owned by multiple parties including that... Read more »

1 Answer | Asked in Banking, Identity Theft and Small Claims for Georgia on
Q: If someone was arrested for using my card and I want to drop the charges will the arresting officer obligee

FINANCIAL CARD FRAUD 16-9-33

The woman charged was tricked into using it under instruction of her boyfriend who was responsible for finding my wallet

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

This depends on several factors. However, contacting the prosecutor's office and letting them know that you don't want her to be charged is a first step. You can request to fill out a non-prosecution affidavit, but ultimately it is up to the prosecution to determine if they will dismiss... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I am looking for the Statute that designates what financial documents are required to be given to an investor.

My investor is asking, aggressively, for my businesses bank statements and I don’t believe that this is documentation he is entitled to.

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

Depending on what type of investment opportunity you are offering will determine whether state, federal, or both laws apply. If federal, then securities laws outlined in the Securities Act of 1933 and 1934 as well as regulations provided by the Security and Exchange Commission will apply.... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Can i sue someone that ripped me off by putting money into there account for a buisness and they took off with the money

They are not giving me my money back out of the account and not allowing me to be apart of it

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

Assuming that this person had an agreement with you to provide a good or service in exchange for your payment, then you likely have a claim against that person. These claims could include but are not limited to breach of contract, fraud, and unjust enrichment.

Depending on the underlying...
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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 Consumer Law, Contracts and Insurance Bad Faith for Georgia on
Q: Is a carshield repair contract considered insurance in the state of Ga? If not does the state regulate them?

Ok. Apparently the question wasn't clear to some people. It isn't a question of is it auto insurance. If is a question of is that contract legally considered insurance against mechanical failures(I have heard the term "policy" used and they have "adjusters")? Also... Read more »

Cory D. Raines
Cory D. Raines answered on Aug 19, 2021

CarShield offers protection plans and warranties to their members and is not insurance. Their coverage extends to only to automobile repairs. Although having CarShield may be a good thing, it does not provide coverage for injuries damage caused by accidents. Therefore you should have insurance.... Read more »

1 Answer | Asked in Products Liability and Business Law for Georgia on
Q: Can a carlot change the down-payment
Cory D. Raines
Cory D. Raines answered on Jul 26, 2021

This question is quite vague and without more, an appropriate response can't be given. However, many contracts have contingencies, so if there was one related to the down payment, then that could cause it to change. For instance, if a car lot agrees to a down payment of $5,000, so long as you... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: My boyfriend was signed to a major recording label as a minor , to get his record deal money his parents had to sign off

On the contract because he was underaged. Now my boyfriend is 20 and would like the remainder of his money. His parents are moving his money from out his account so he can’t use it unless they give him permission. Is there any way for him to receive what he earned?

Cory D. Raines
Cory D. Raines answered on Jul 20, 2021

Great question. Since he was a minor at the time, his parents would have had to give their permission for him to be legally bound by the agreement. Additionally, they would most likely be the ones receiving any money from the agreement, with the understanding that once he becomes 18, that... Read more »

1 Answer | Asked in Education Law and Personal Injury for Georgia on
Q: If my husband fell at a high school and had to have surgery, is the school liable?
Cory D. Raines
Cory D. Raines answered on Jul 16, 2021

Because of sovereign immunity, it is difficult to sue state departments and agencies, including high schools in Georgia for injuries sustained while on their property. The Constitution of the State of Georgia provides that “sovereign immunity extends to the state and all of its departments and... Read more »

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