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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Employment Law for Georgia on
Q: Is an employer liable for damages to employees' vehicles in company parking lot after a tornado?

Would the employee have to claim damages on their own insurance even if the company's building has suffered damage as well?

Michael D. Birchmore
Michael D. Birchmore
answered on Jan 12, 2023

For the employer to be responsible for such damage, there would need to be intent and/or wanton carelessness on the part of the employer for liability to attach to it. Surely you are not suggesting the employer was somehow responsible for the toronado - - are you?!

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Is it legal for my wife of 15 years to take our camper we live in with my belongings and leave me homeless
Michael D. Birchmore
Michael D. Birchmore
answered on Jan 12, 2023

Is it legal? It is not illegal for a spouse to use what could be construed as marital property. We lack the facts here to determine whether it is logical or reasonable for the wife to believe she was authorized to do so.

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2 Answers | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: can my wife leave me to live somewhere else and come take our camper we lived in next day while I’m gone all my stuff

We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless

Michael D. Birchmore
Michael D. Birchmore
answered on Jan 12, 2023

Is it legal? It is not illegal for a spouse to use what could be construed as marital property. We lack the facts here to determine whether it is logical or reasonable for the wife to believe she was authorized to do so.

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2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: DFCS caseworker became friends with mother of my child and went to lunch during active investigation. Is that legal?

During an investigation, the case worker was not helpful to me at all. Come to find out, she befriended the mother of my child and was having lunch dates with her during an active investigation. Is that legal? If it’s not illegal, is it at least a conflict of interest? Is there a possible lawsuit... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Jan 11, 2023

These questions and concerns should be addressed to your attorney. Based upon what you have stated, from my experience I do not see a conflict. Could they have discussed the case at lunch? Certainly. Why do you believe that the caseworker is now biased against you? Again, speak with your... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can a title specialist / financial operations manager notarized customer paperwork?

Based on this state law below, can a title specialist / financial operations manager notarized customer paperwork:

It is lawful for a notary who is an employee, officer, director or stockholder of a bank or corporation to take the acknowledgment of any party to any written instrument... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 7, 2022

Certainly. A prohibition would apply be where the Notary Public had some form of ownership interest in the business or the transaction itself.

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
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... View 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... View More

Michael D. Birchmore
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.

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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
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... View 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... View More

Michael D. Birchmore
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... View 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
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
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... View 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
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... View 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... View More

Michael D. Birchmore
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... View 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... View More

Michael D. Birchmore
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
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.

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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... View More

Michael D. Birchmore
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
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... View 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... View More

Michael D. Birchmore
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... View More

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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... View More

Michael D. Birchmore
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
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.

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