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Questions Answered by Mr. Robert Neal Katz
1 Answer | Asked in Consumer Law for Georgia on
Q: If i filed a 2nd lien on a vehicle and the 1st lienholder repo'd and sold vehicle does that void my lien
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

Generally, if someone has a superior lien to yours, then they have a right to the vehicle. However, if they sold the vehicle and it resulted in proceeds in excess of their lien, you would then be entitled to an excess proceeds. Of course, it is very unlikely the vehicle would be sold for in excess... Read more »

1 Answer | Asked in Consumer Law for Georgia on
Q: What do you do about fraudulent companies calling trying to get money out of you for debts you don't owe?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

I would recommend that you contact the local authorities and/or the Georgia Bureau of Investigations (GBI). In addition, you can contact the FBI. Finally, you may wish to contact your local telephone company. They will also launch an investigation.

1 Answer | Asked in Criminal Law for Georgia on
Q: How does my husband get his court transcripts from his trial
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

He should contact the court reporter. She/He will then quote a price for the cost of the transcript. You can obtain the name of the court reporter from the court.

1 Answer | Asked in Family Law for Georgia on
Q: As a mother of two children should I sign a consent to legitimation paper to thier father who is seeking custody

The father of my children has made it known that he wants custody of my two children (ages 3 and 4). I plan on going to court. He wants me to sign legitimation papers where he is asking for joint custody. Additionally the papers say that I don't request to be notified about any further... Read more »

Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

I would strongly recommend that you retain counsel to consult with you about the matter. Until you have spoken with an attorney, I would recommend against you signing any papers, especially anything that would give up your right to your children or waiving your right to notice related to a lawsuit.... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I'm a first time affender. My charges are conspiracy of theft and attempt to commet a felony. Can I get probation?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

The decision about probation belongs to the judge. It will depend on the circumstances of your crime. It would also be impacted by whether or not you have a criminal history. Since you do not have a history, you should ask your counsel about the first offender program.

1 Answer | Asked in Criminal Law for Georgia on
Q: If i have a governors warrant for agg assault and i already have a background,can a good lawyer get me probation?

Im out on a extradition bond and i have to go turn myself in atl ga

Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

I would strongly encourage you to retain counsel for the charge. If you cannot afford an attorney, you may have one appointed. In terms of whether you can get probation, that will depend on the facts surrounding the charge as well as your specific history.

1 Answer | Asked in Family Law for Georgia on
Q: Can I voluntarily give the guardianship of my incorrigible 17 year old child over to the state?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 18, 2011

While it would be possible for you to do so, I would strongly encourage you to seek counseling for both you and your child. This is your last opportunity to have a good and positive impact on the child's life. You can get assistance from the local health department and from the Georgia... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: My son is 16 and just got charged with minor in possesion of alcohol. Is this serious enough of a charge seek a lawyer?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

I would encourage you to retain counsel. The charge may have an impact on his ability to driver. A lawyer may be helpful in fighting the charge or in negotiating a plea.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I had a wreck while pulling into my driveway. I called police and had drinks while waiting. I got charged DUI. Why?

I had not drank any alcohol whatsoever before the accident and I was home for the evening (would not be driving anymore that evening). I am the one who called police to make a report of the accident and there were no injuries. It took police an hour to get to the scene and I had a couple margaritas... Read more »

Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

I would strongly recommend you get counsel. By refusing the field sobriety test, you greatly increased the likelihood you may lose your license. The officer did not believe your story that you only started drinking after you were at home.

1 Answer | Asked in Workers' Compensation for Arkansas on
Q: I got hurt at work that caused an back injury a specalist recommended an precedure can I receive any compensation?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

Yes. You have a right to recover your lost wages, have your medical expenses paid and will likely have a right to receive payment based upon a disability rating the physician will assign to your injury. The disability ratings vary greatly by physician and are often low if the physician regularly... Read more »

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I am an employee of fedex ground. I had surgery for a hernia I got while working. Am I entitled to workers comp
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

If the hernia was caused by an on-the-job injury, you are entitled to workers' compensation benefits including, but not limited to, medical expenses and lost wages.

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: How many days notice are required for a deposition in the state of georgia?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

If there is no emergency involved (ie: Person is leaving the state), then a person should be given no less than several days notice. Usually, the date of a deposition will be coordinated with the other attorney for a date and time that is agreeable to everyone.

1 Answer | Asked in Personal Injury for Georgia on
Q: My daughter fell off the jungle gym at school and broke her arm. Is the school district responsible for her injuries?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

The liability of the school district depends upon whether or not they were negligent and if their negligence caused the injuries. In evaluating the matter, you would need to evaluate whether or not the jungle gym was appropriate for a child of your daughter's age and if she was being properly... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: My barber cut my neck when I got a shave. I bled like crazy. I'm worried that I could get AIDS hepatitis. Can I sue him?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

You can sue anyone. I think what you are really asking is whether the suit would be successful. Unless you contracted AIDS or another disease, I think the suit would have a very, very, low likelihood of success.

1 Answer | Asked in Personal Injury for Georgia on
Q: I won a civil suite but have never been paid anything. What can i do?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

Obtaining a verdict is only half the battle. To collect, you can garnish the wages or bank account of the defendant. In addition, you may have a FiFa issued to allow you to have assets of the defendant seized to compensate you for the verdict. Generally, I would recommend sending post judgment... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: In the legal term "Personal Injury"; would a corporation or financial institution fall within the definition of a person
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

Under Georgia law, a corporation or financial institution is treated as a "person" for purposes of a personal injury action. The only possible exception is that a corporation may not have a right to personal privacy. However, even that may depend on the facts and the statute at issue.

1 Answer | Asked in Personal Injury for Georgia on
Q: What is the proper court in Georgia to file a negligence action against an individual for personal injury?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

You may file a negligence action in State Court or Superior Court. In both courts, you are entitled to a jury trial. You may also file a personal injury action in Magistrate court, but this court has limited jurisdiction in terms of the value of the case and there is an automatic right to appeal to... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Is public defendant appointed for an indigent inmate being held on a Civil matter? State of GA
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

Generally, an inmate being held on a civil matter is not entitled to a court appointed lawyer. However, the U.S. Supreme Court did recently hold that a person being held for civil contempt due to failure to make support payments may be entitled to an attorney if his former spouse or the other party... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: What statue would u use to requisition iinsurance records
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

If you are requesting records from your own insurance company, you simply need to send them a request. They should produce a copy of the declaration page, policy and payment history to you. If you are trying to find out the insurance coverage of another driver, then you must send the insurance... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Are there ALWAYS charges when there is a death in a vehicular accident?
Mr. Robert Neal Katz
Mr. Robert Neal Katz answered on Jul 14, 2011

Not always. It depends on how the accident occurred. If neither driver was negligent, then there should be no charges. However, if a driver committed a traffic violation, was driving under the influence of drugs or alcohol, was driving without a license or with a defective vehicle, then charges are... Read more »

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