The Clerk may charge a fee if you end up having to file a Motion to Compel Discovery. Generally one does not have to pay a filing fee for filing the Certificate of Service. (Rule 5.2 certificate). If the Cobb Clerk does charge for that, then you can wait to file that if you end up needing to... View More

Even if you are past the time to file an Answer, it would be a good idea to file an Answer with the Court now, pay any past due rent into the Court now, and to attend any upcoming hearing on this matter. If the Judge does issue a Writ of Possession the lessee on the property is typically allowed... View More

Typically a Judgment in GA has a lifespan of 7 years. If the Judgment was renewed within the past 7 years you would need to get the Sheriff or Marshal to issue a Nulla Bona on the Fi. Fa. and then rerecord it on the General Execution Document. If the 7 years has already expired without have... View More

If both parties signed the lease, typically each lessee is jointly and severally liable to the lessor. However if you end up paying the indebtedness to the lessor, you could seek contribution from the co-lessee in a legal action. Of course the practicalities of this would involve locating... View More

Assuming this was not a property tax foreclosure sale, there is no right to redeem from a mortgage foreclosure. However you may be able to contact the buyer (typically the mortgage company) of the property that bought the property at the foreclosure sale and see if this buyer is willing to sell... View More

Social Security Income is exempt from garnishment under federal law. Typically a bank will state in its Answer the funds in the account are social security funds and therefore exempt. Since the bank apparently did not assert this, you will need to file a Defendant's Claim (Traverse) in the... View More

You will need to file an Answer with the Court to avoid a Default Judgment. Once that is done you may contact the Plaintiff's attorney to see if they want to settle with you or not. However due to time constraints it may not be possible to avoid a court appearance unless you can work out a... View More

Judgments in TN are valid for a period of 10 years. Unless the Judgments were renewed the filings in the Registry of Deeds of these Judgments would have expired by operation of law. If there is a concern that these still appear of record (even though expired), you may be able to file an... View More

The statute of limitations on a credit card debt in GA is six years. It sounds as if this may be time-barred. If you make a payment on a time-barred debt, the creditor may argue you have "reaffirmed" the debt. Also if a collection agency is attempting to collect on a time-barred debt,... View More

The address/phone no. of the attorney should be on the court pleadings. If you are unable to mail a payment to them, (which should be sent certified mail) then your only option may be to pay the funds to the Clerk of Court and reference the case no. that you settled, assuming there was some type... View More

Bonds often have strict deadlines for suing to make claims on these. Much depends upon whether this project was a government project, and also if it was federal or a state project. A private bond may have more flexibility regarding deadlines. It may be that you will need to sue the general... View More

Even if the Declarations and By Laws have expired, they may be controlling on the issue. Having the expired tag may be some prohibition in the community. If you were able to recover your car in a timely manner, and since apparently you were not regularly driving the car, the damages you... View More

The filing of the Notice of Appeal creates a supersedeas and will prevent the trial judge from ruling on the Motion for Reconsideration you filed. Since the filing of a Motion for Reconsideration does not toll the period for filing a Notice of Appeal, you may choose to proceed with the Appeal... View More

There is typically a 12 month period for the original owner to redeem property from at property tax sale. To ensure marketable title it may be required the new owner file a Petition to Quiet Title to ensure the prior owner is barred from making further claims to the property.

Scott M. Stevens

There is typically a 12 month period for the original owner to redeem property sold for a property tax sale. To ensure marketable title it may be required to file a Petition to Quiet Title to ensure the previous owner is barred from making further claims to the property.

Scott M. Stevens

Would have to review all of the documents in the chain of title. The tax sale may complicate the situation in the owner redeemed the property during the 12 month redemption period. It may be required to file a Petition to Quiet Title depending on the circumstances.

Scott M. Stevens

Presumably you are appealing from Magistrate Court if this is a De Novo Appeal to Superior Court. I do not think OCGA 9-11-55 is applicable here. Generally a trial is set for a De Novo Appeal. One may ask the Court for a discovery period before trial.

Scott M. Stevens

Much of this would be governed by the Declaration and Bylaws of the community. Other issues germane to this are the procedures used to dissolve the previous HOA and the procedures used to install the new one.

Scott M. Stevens

Much of this would depend on the circumstances surrounding the Dismissal of the 2017 lawsuit, and would also depend upon the Declarations and Bylaws of the community. More facts would be needed in this regard.

Scott M. Stevens

You may file an eviction/dispossessory action against them to have the Judge issue an Order removing them from the property. This would be a civil proceeding. Once the Court issues the Writ of Possession, the Sheriff would evict them (or hopefully they would voluntarily leave.)

Scott... View More