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Questions Answered by Tanner Woods Pittman
1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: What are the two things ya'll must have to be admitted to the appeal
Tanner Woods Pittman
Tanner Woods Pittman answered on Nov 3, 2011

1. A retainer from the client and 2. a judgment that is less than thirty days old.

1 Answer | Asked in Contracts for Georgia on
Q: I did consultant and programming work in Georgia as a sub-contractor. I billed the Contractor.

Contractor billed his customer. Contractor customer wants to pay me $400 instead of the $750 billed. I want the $750. I put in all the hours at a low price per hour. I suggested to contractor that he should file a mechanics lien against the property (a website). I want to get paid the full... Read more »

Tanner Woods Pittman
Tanner Woods Pittman answered on Nov 3, 2011

Since your agreement is with the contractor, his customer's desires really are irrelevant (unless they were made part of the agreement).

For a $350 matter, the legal avenue for you is magistrate court. The contractor can be sued in the county where he resides. The magistrate court clerk can...
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1 Answer | Asked in Family Law for Georgia on
Q: How do i obtain legal guardianship of my blood brother if he already has a temporary guardian.
Tanner Woods Pittman
Tanner Woods Pittman answered on Nov 3, 2011

The temporary guardianship would have to be removed or, by its terms, expire. There is no way for an individual to have two guardians (with the exception of parents or testamentary guardians).

A temporary guardianship will only be removed for cause or if the guardian desires it. A "for...
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1 Answer | Asked in Collections for Georgia on
Q: What is Motion To Compel Answers To Post-Judgment Interrogatories
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 19, 2011

Post-judgment interrogatories come into play in a case when one party has already "lost." This losing party presumably owes money pursuant to the judgment to the winning party.

Naturally, the winning party wants to collect on the judgment and so will frequently use the court's power to ask...
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1 Answer | Asked in Business Formation for Georgia on
Q: I am attempting to start a business within the city limits. What forms/fees do I need to be aware of? sole prop., 0 empl
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 17, 2011

Most municipalities in Georgia require a business permit. City Hall can give you the forms. In Columbus, for instance, there is a $50 processing fee for obtaining the permit.

Other permits (such as that from the Health Department if you're a restaurant) are specific to your line of business.

1 Answer | Asked in Probate for Georgia on
Q: I live in GA filling out probate form JDF 910 from CO. ApplicationVerification ask for Notary Public giving only CO.

This form is for informal probate of will and informal appointment of personal representative. In the verification part I sign my name but the form part for the Notary Public only asks for the County of____ State of Colorado

Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 17, 2011

I'm going a little out of my bailiwick to answer what really is a Colorado question here, but my solution would be to strike the word "Colorado" and write "Georgia." Acts of notaries public in one state are generally given full faith and credit in others.

1 Answer | Asked in Tax Law for Georgia on
Q: I know a Cert of Order of Years Support relieves the Garantee of Property tax, any thing else?
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

In addition to having priority over property tax liens and assessments, year's support awards have priority over all other non-purchase-money debts.

Robert Hughes posted a legal guide on the topic here: http://www.avvo.com/legal-guides/ugc/why-should-you-file-for-years-support

My own...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: If my name is on the deed, but not the mortgage, what is my legal obligation?

I may be getting a divorce. What are the implications to my obligation and credit if the house goes into forclosure?

Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

If your name is not on the mortgage documents (including the promissory note), then a foreclosure would not affect your credit.

It would, naturally, affect your ability to continue living in the house.

Note that if the mortgage was taken out after you obtained your interest in the...
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1 Answer | Asked in Elder Law for Georgia on
Q: Can a convicted felon be a guardian for the elderly. Where is this stated in the georgia law.
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

I see no prohibition in the Georgia Code from a felon serving as a guardian.

The Adams Law firm in Atlanta disagrees with me in part here:

http://www.atlantaprobatelawyerblog.com/2011/06/georgia_guardianship_and...

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is there a foreclosure docket in the state of Georgia?
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

No such docket is kept by the courts or any government agency. But since foreclosure information is publicly available (in newspaper notices and deed records), I wouldn't rule out some internet firm is consolidating that information. Google is your friend here.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have two mortgages with the same lender and my house just got forclosured am i still liable for the second mortgage
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

Sorry to say it, but you are still liable per the terms of the promissory note you signed at the time of the mortgage closing. But the debt is now "unsecured" debt, which puts the bank on about the same footing as a credit card company.

1 Answer | Asked in Real Estate Law for Georgia on
Q: How is an interpleader filed with superior courts in Georgia for excess funds from property tax sales
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

Typically, the holder of the excess funds files the interpleader. If you believe you are entitled to the funds and are not the holder of them, then you don't file an interpleader; you just sue.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My husbands dad is trying to use an 8 yr old unfiled deed to take our property can he do that
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 14, 2011

Obviously, more information would be needed before a thorough answer could be given here. How, for example, is he trying to "use" the deed?

That said, a deed in Georgia can still be still valid even if it has not yet been filed and recorded in the court records.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Does a certificate of order of years support transfer title to property also?
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 12, 2011

If the property was petitioned for in the year's support proceeding, the certificate will transfer title. The probate court is required to record a certificate of year's support in the deeds and records of the county in which the awarded real property is located. If you are concerned whether your... Read more »

1 Answer | Asked in Contracts for Georgia on
Q: What level of duty is owed to payor for contracted services?
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 12, 2011

The ordinary standard of care in a contract (and in all of human relations) is that of "reasonableness." The time-honored "reasonable man" standard of our jurisprudence is less strict than - say - the "duty of loyalty" owed by a fiduciary or the duty of managers of a corporation to act with the... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is the promissory note inseparable to the security deed?
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 11, 2011

Obviously, a little more information would be needed to determine what you mean by "inseparable." A promissory note is incorporated by reference in a security deed. As such, they constitute one, complete agreement, and to that extent, they are "inseparable."

However, I see this issue...
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1 Answer | Asked in Estate Planning for Georgia on
Q: Is it possible to get an opinion from a judge before one goes to court? Re: Probate
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 11, 2011

It is, in almost all circumstances, impossible to get a judge to render an opinion outside of a courtroom setting. One of the most stringent rules governing judges is that forbidding "ex parte" conversations - that is, communications with one party to a matter that aren't opened up to the other... Read more »

1 Answer | Asked in Probate for Georgia on
Q: The estate I'm adminstrating is completely sunk in a lien, back taxes, and judgments, how do I handle it and save it?
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 11, 2011

More information is necessary, but under certain circumstances, swift action in probate court can deal with a great deal of estate debt. My recommendation is to contact a probate attorney with all due dispatch

1 Answer | Asked in Probate for Georgia on
Q: My wife died and she did not have a will i was told that i need an executor of estate,how do i get that done
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 11, 2011

You may not at all need to petition to administer the estate, which can be a cumbersome process and involve filings of inventory, posting bond, etc.. Often a petition for "year's support" will both dispose of the estate and reap you substantial tax savings.

Even if you have begun the...
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1 Answer | Asked in Probate for Georgia on
Q: My dad died in georgia i have been asked to sign off on years support form for step mom why
Tanner Woods Pittman
Tanner Woods Pittman answered on Oct 11, 2011

Since I'm answering this question months after its posting, I'm sure the issue is moot now. But the reason is that your mother is petitioning to receive some of your father's property as a spousal right. She must either obtain your consent to this or incur some fees in getting you personally served... Read more »

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