Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael D. Birchmore
1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I was storing an antique coffee table (amongst other things) in my ex father in laws basement.

when i recovered my property the table was not there, he gave it to his stepson and they will not return it what can i do?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 28, 2022

Honestly? Probably chalk this up to an experience to learn from. When you no longer had the family connection ("ex" father-in-law) you should have removed everything from the house immediately. You could sue them of course, but then you would only get the table if you won. On the... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Can a spouse look at her husbands email without his permission?

My husband told me he met someone on line and gave away thousands of dollars to her. He refused to tell me anything else about this. I had his email password prior to this because I sometimes utilized his computer and watched him put his password in. I went into his email in order to protect my... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 2, 2022

Your question should be put to your attorney. Although your question is straightforward, the answer may not be depending upon unknown facts or information. If you have not yet retained legal counsel, you should do so as soon as possible.

View More Answers

1 Answer | Asked in Real Estate Law for Georgia on
Q: If I already owned the property and my lawyer tricked me into signing a Petition For Grant Of Private Way?

Does a Petitioner Brief In Support Petition For Grant Of Private Way need to be filed first to receive the Petition For Grant Of Private Way?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 2, 2022

Not necessarily. Prior to a lawsuit being filed, the parties to a dispute, need, controversy, etc. may enter into land agreement(s) which will resolve the dispute, need, controversy, etc. If the agreement is good for both sides, it can save them a great deal of money by not having to litigate the... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Buyer of mobile home has not removed it from my land as agreed. Sold for 20K and superior court says they can't help.

I have texts saying when the trailer should have been moved, the buyer will not respond. I advised the person in early Dec that Jan 17th was deadline and that I would not close if she could not move the home, she said it would be gone ..its Feb 1 and there are still no efforts to remove it. I... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Feb 4, 2022

You state that you spoke with the Superior Court Clerk to learn what to do. By GA law, no person other than an attorney licensed to practice las in GA may answer that question. Under law, if the Clerk had rendered an opinion, she/he could be charged with a crime. You should now direct your... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am not on the mortgage contract but I have been paying it for the past 8 years. Will I be reimbursed?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 31, 2022

What?! You will need to provide much more information before we can address your situation. We cannot even begin to formulate an opinion about the situation with such scant information.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Does the one party consent law allow me to record my wifes conversations I am not a party to.

Can I set up a voice activated recorder to hear what she says when I'm not around.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 31, 2022

The One Party Consent rule means that at least one (1) person to the conversation must know of the conversation being recorded. If only two (2) people are involved in the conversation, then one of the two must know of the conversation being recorded. Given that you won't be a party to the... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Trying to take my name off a home that my ex wife was supposed to refinance and do years ago. Deed is in her name.
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 27, 2022

PLEASE NOTE THAT I AM A GEORGIA ATTORNEY. THIS RESPONSE ADDRESSES THE ISSUE ONLY IN THE CONTEXT OF GEORGIA LAW. IF THE ISSUE INVOLVES LAW FROM OTHER STATES, PLEASE CONTACT AN ATTORNEY IN THAT SPECIFIC STATE. Okay. First, unless your name is actually on the deed you won't need to do... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?

There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 12, 2022

Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If there are two owners on a mobile home in SC, do both owners have to transfer title through the DMV to a new owner?

My dad and his wife owned a mobile home on 2 acres of land. My dad passed in 2014. The mobile home only was transferred to the wife’s daughter in 2015. My dads estate was filed with probate and only included the land. But the mobile home is still sitting on the land with the wife’s daughter... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 4, 2022

You are asking a question which can only be answered by reading through the laws of SOUTH CAROLINA. For South Carolina help you should post your question to the SC attorneys.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I go to the Courthouse to find a person that owes me money

I need to see if this person can be located

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 16, 2021

Perhaps. You could check the land deed records and the tax assessor's office and possibly other places at your courthouse. However, you should note that as a general rule, the courthouse is not where one would go to find a person. Note, too, that a courthouse is only going to have the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I back out of a partnership real estate deal where the partners don't own title to the house

I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 16, 2021

Without disagreeing with my colleague, I would come at the question from a different angle. A very famous law (Statute of Frauds) states the for any contract for the sale of land to be enforceable, it must be in writing. Your specific facts may or may not be challenged or supported by either of... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Georgia on
Q: How does the lemon law work for used vehicles

We (My wife and I) purchased a vehicle from a dealer and when we bought it the check engine light was not on. We bought the vehicle in TN and drove it to Ga. Before purchasing the vehicle we told the salesmen we needed emissions done in our state. He told us that her does not due emissions. We got... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 13, 2021

The GA Lemon Law will not help you here. The GA law is available only on brand new vehicles. Also, as you bought the vehicle in TN, you must look to the TN law(s) for your remedy if one is available.

4 Answers | Asked in Family Law for Georgia on
Q: How do I keep my husband from filing our kids? I am the custodial parent.

I allowed my husband to file our kids for 2021. I don't want him to file for 2022. How can I ensure he is not able to file this year. I am the custodial parent.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 13, 2021

Until a divorce has been filed, neither parent is deemed the "custodial parent." You will need a divorce to accomplish your goals.

View More Answers

1 Answer | Asked in Child Custody for Georgia on
Q: Does filing an emergency temporary hearing for custody override the custody order that is already in place?

There has been no temp order signed by a judge at this time.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 9, 2021

Only a new (later) order may change an existing order. If there is an existing custody order in place, then it will remain in force until a subsequent order changes it. You should speak with your attorney about this situation.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Georgia on
Q: i have a confusing question

okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 7, 2021

The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Will adjudicated arrears accrue interest if a payment plan was created in a modification settlement agreement?

child support arrears were included in a modification settlement agreement and included a payment plan toward the balance. Will the principal amount accrue interest if there is a payment agreement?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 19, 2021

THAT WOULD DEPEND ON WHETHER THE AGREEMENT PROVIDED FOR INTEREST TO ACCRUE. HOPEFULLY, YOU USED AN ATTORNEY THROUGH THIS PROCESS SO THAT THE NECESSARY LANGUAGE FOR THIS WOULD BE INCLUDED IN THE AGREEMENT. IF SO, YOU SHOULD SPEAK WITH THE ATTORNEY WHO CAN REVIEW THE AGREEMENT WITH YOU TO DETERMINE... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.