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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Civil Litigation for Georgia on
Q: Can I file suit on an officer who discharged his firearm in my vehicle unlawfully?

I was charged with aggravated assault on an officer and locked up for 3 months until the charges were dismissed due to lack of prosecution

Michael D. Birchmore
Michael D. Birchmore answered on Sep 14, 2021

Can you? Sure. Would you win? Not likely. Still, speak with an attorney if you believe you need to pursue it.

1 Answer | Asked in Construction Law and Real Estate Law for Georgia on
Q: what should i do if a contractor place a lien on my home?

i do owe the money but i have two problem the contractor damage over 20k of my furniture and the Mortgage company is hold the final payment because of 3500.00 they are billing for work not done.

Michael D. Birchmore
Michael D. Birchmore answered on Sep 13, 2021

For you to get anywhere you want to be, you are going to need an attorney. Mention the term "Materialman's Lien."

3 Answers | Asked in Family Law for Georgia on
Q: How do I win my custody case without having a lawyer?!

Temporary custody order is 50/50 with each of us having 3.5 days each week. My ex has a lawyer and is asking for full custody saying that I am an unfit parent. I haven’t been perfect, but I am far from unfit. I accidentally got pregnant shortly after our separation by an old friend. He has a... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 13, 2021

I agree with my colleagues fully. You mentioned becoming pregnant "accidentally." You might not want to say that to a judge. Unless you were raped, you obviously did not get pregnant by accident. Always be truthful with the law. Otherwise, the court will not take you seriously and it... Read more »

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1 Answer | Asked in Child Support for Georgia on
Q: My accounts was frozen due to child support but he was never order to pay child support he never took a dna te
Michael D. Birchmore
Michael D. Birchmore answered on Sep 10, 2021

Please try to rephrase your question. You have not asked us a question. You have only made a statement which honestly does not make much sense.

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Kids want to sell family home. 5 out of 7 on the deed, the deceased parent needs to be removed. What is the $ in GA
Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

What do you mean by "What is the $ in GA?"

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hello, Is it illegal to take photos or video of animals in a pasture from my land? Thank you!
Michael D. Birchmore
Michael D. Birchmore answered on Sep 6, 2021

I cannot think of a reason why it would be illegal. You would not want to trespass of course.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Securities Law for Georgia on
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining

To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 5, 2021

Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: Just checking to see if this is still true and current in 2021?

B

Michael D. Birchmore
Michael D. Birchmore answered on Sep 6, 2021

Yes. The law is still the same.

I have posted a link to the Justia website where you may find the 2019 Georgia Code.

https://law.justia.com/georgia/

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I won a settlement. I don't agree with the settlement amount. Can my lawyers go back for more money?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 30, 2021

While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a builder place a road 10' from your back property line thus sandwiching your home between 2 roads?

I am asking this because other than an alley, I don't recall ever seeing it.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Obviously we cannot provide a reliable response here. In order to know enough to be sure, land deeds and surveys will need to be reviewed. Easement law also needs to be mentioned. I am unaware of a law that would prevent this under your given facts. You should meet with an attorney with... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a minority landowner in Georgia(1/3 ownership), compel the majority owner to either sell or offer a fair market val?

value? This was an inherited property , and the principal owner is not forthcoming about location, value , etc. The 1/3rd is owned by my mother's estate, of which I share with 2 siblings. My sister is the executor of the estate.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Listen carefully. This is tricky stuff. Meet with and attorney who practices real property (real estate) law. Mention the term "partitioning." Please do not do this without legal counsel. Make an error here and it might not be fixable.

2 Answers | Asked in Child Support and Divorce for Georgia on
Q: Im trying to fill out a child support addendum and have some questions on filling this out.

Not sure on how to fill it out

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

Unfortunately, this forum is not offered to prepare actual paperwork for cases. You will need to meet with an attorney regarding your questions about the addendum. Good luck!

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Where can I find information about diverting or increasing water flow onto another property causing it to flood in GA?

My property has become a flood plain due to "neighbors" above me paving parking lots and diverting and increasing the water flow onto my property causing damage to my property and causing it and other properties below mine to flood during heavy rains.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

You need to meet with competent legal counsel now. Not later. You want to mitigate the damage as much as possible.

When you meet with the attorney, tell him/her that you need assistance with a "nuisance" to your property. Mention the encroachment of the water and its origin...
Read more »

3 Answers | Asked in Divorce and Family Law for Georgia on
Q: He wants me out of the house we live in . Is there a legal way to stay

I am married we have been together for 28 years recently we are not getting along cause I cheated months ago

Michael D. Birchmore
Michael D. Birchmore answered on Aug 26, 2021

He cannot displace you while you remain married. If a divorce action is filed, the court will decide at that time what will happen with the property. You certainly should meet with competent divorce counsel. When you meet with the attorney, ask him/her to explain the term "condonation"... Read more »

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1 Answer | Asked in Real Estate Law for Georgia on
Q: I'm looking for a real estate lawyer that is well versed with owner financing agreement.

Good afternoon,

I'm looking for a real estate lawyer that is well versed with owner financing agreement and how it would convey title from the seller to myself. He/she would read and interpret the contract that was furnished by the seller and determine if it is legally binding and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 25, 2021

Very sorry, but we are not allowed to solicit work on the website. You may find reputable representation on the website's "Find a Lawyer" page.

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

3 Answers | Asked in Child Custody for Georgia on
Q: I’m a mother, and the father wants to file for legitimation. If i disagree with his custody requests, what do I do?

Is his legitimation request immediately granted or do I have the opportunity to request a different custody agreement? Will there be a court date? We have never been married, and have a history of domestic violence as him as the aggressor.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

Given the bad history, you might even need to defend against the whole legitimation process. You may certainly object to the legitimation if you believe it is in your child's best interests. While legitimation is usually favored, if you can show the court that legitimation would be against... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Insurance Defense for Georgia on
Q: Can a Remainderman purchase their own dwelling homeowner insurance policy to cover and protect interest

Life estate tenant has own homeowner dwelling policy, listed as insured full dwelling coverage on home and property, but remainder men are not covered at all. Is it legal that we can purchase our own policy to protect our interest?

Michael D. Birchmore
Michael D. Birchmore answered on Aug 23, 2021

As long as you have a deeded interest in the property, you should be able to gain insurance. However, as Mr. Avery has stated, you may find it difficult to locate an insurance company to insure your interest as you currently have no control over the property to be insured.

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