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I signed a management client agreement where it was verbally stated that I would pay a $20,000 start-up fee to use their brand, and I would be responsible for renovations according to their plan. The operational part was supposed to be handled by them with a 15% commission. After signing, I... View More 
I am the primary owner of a vehicle that I do not have in my possession. The co-signer has possession of the vehicle, is not paying on the loan, and has repeatedly promised to refinance the loan to remove my name, which has not happened. Since September 2024, I have tried to contact the co-signer... View More
I'm inquiring about the service process in Georgia. A business was voluntarily dissolved, but I have the address of its registered agent. I need to know if it was improper service when a sheriff served documents to a receptionist at a law firm sharing the same office building as the registered... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
As a veterinary clinic in Georgia that was recently acquired, all employees are now considered new hires. We have an employee who claimed to be certified on their resume and on our business website, but we discovered they aren't certified after two weeks of employment with the new owner.... View More
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answered on Apr 12, 2025
You are allowed to terminate an employee for providing false information, especially if certification is a key requirement for their role. Since the employee falsely claimed to be certified on their resume and website, this could be considered a violation of your honesty policy, which they signed.... View More
I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More
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answered on Apr 1, 2025
The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts... View More
I am a Board Certified Naturopathic Doctor planning to open a wellness clinic/spa in Georgia. I intend to offer services such as biofeedback, sauna, red light therapy, footbath, live blood analysis, and supplements. I don't have permits or zoning concerns yet, but I'm curious about the... View More
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answered on Apr 12, 2025
In Georgia, a Board Certified Naturopathic Doctor (ND) may face certain restrictions when it comes to opening and operating a wellness clinic or spa. While naturopaths are recognized in some states, Georgia does not currently have laws that fully recognize or license Naturopathic Doctors in the... View More
I have a divorce decree that states I must move out of our marital residence while my ex-wife is responsible for preparing the house to be listed by March 31, 2025. However, she has not made the house ready for sale despite having eight months, and I am still paying 2/3 of the mortgage without... View More
answered on Apr 16, 2025
If you had a lawyer during your divorce you should speak to your lawyer. If you did not have a lawyer, then you will need to first review your divorce papers and see if any deadlines were put in place for your spouse and when to do things. If there were not any concrete deadlines, you can still... View More
I am the president of a dormant corporation with no other officers, and I want to purchase corporate automobiles for myself personally to raise funds for the corporation. Is this permissible?
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answered on Apr 13, 2025
As the president of a dormant corporation, buying corporate automobiles for personal use could raise serious legal and ethical concerns. Since the corporation is dormant, it doesn’t have active business operations, and using its assets for personal gain could be seen as misappropriating company... View More
I discovered that a mechanic shop, which doesn't appear in the Georgia business database, filed for abandonment of my vehicle. Their notifications lacked proper information, only providing storage details, a phone number, and vehicle data. They claimed to have done transmission work, yet the... View More
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answered on Apr 11, 2025
This situation sounds incredibly shady, and you're right to be questioning their legitimacy and their actions. If the business isn’t listed in Georgia’s business database and they’re filing abandonment claims with no real service performed or verified address, that raises serious legal... View More
I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More
answered on Mar 26, 2025
You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More
Is it legal or ethical for an attorney to act as counsel for a business chain where the spouse is the founder and both run the operations, while the attorney represents these businesses? The business involves selling nitrous products allegedly used illicitly, with the spouse known to be addicted to... View More
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answered on Apr 13, 2025
It may be both unethical and illegal for an attorney to represent a business involved in selling illicitly used products, especially when the attorney's spouse is directly involved in the business and its operations. Attorneys are bound by ethical rules, including the duty to avoid conflicts... View More
I am considering bartering my home interior painting services with individuals in Georgia. I have not engaged in barter exchanges before and am specifically concerned about the legality of such an exchange. Is it legal for me to do so?
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answered on Apr 12, 2025
Yes, bartering your home interior painting services in Georgia is legal. Bartering, or exchanging goods or services without using money, is recognized as a legitimate form of trade in the United States, including Georgia. However, it's important to understand that the IRS considers the fair... View More
If I host a fundraiser concert with vendors on my property for a nonprofit organization, can I be sued if someone gets hurt, even though the nonprofit has insurance? The event will have over 300 attendees, with security and medical staff present, and areas are secured with cones and warning signs.... View More
answered on Mar 13, 2025
A Georgia attorney could advise best, but your question remains open for a week. Unfortunately, there's no predicting what a claimant might do, despite the insurance of the nonprofit. One option is to explore event insurance, if available. Good luck
I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?
answered on Mar 2, 2025
I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and... View More
I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More
answered on Feb 26, 2025
There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More
I visited a comedy club where I purchased tickets for the show beforehand online. During the show all attendees were approached by waitresses that stated we are required to buy two items from their food menu. If you do not buy food items, then you are charged a $10 "surcharge" for not... View More
answered on Feb 1, 2025
A Georgia attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, clubs and other establishments nationwide do impose cover charges. That's what this sounds like. However, there could be local laws that govern how these... View More
I have 1 llc and I would like to start 2 more businesses. Should I use a dba or create the 2 new businesses under the one llc? or keep them all separate entities?
answered on Jan 21, 2025
It depends on whether the businesses are related to one another. It generally makes the most sense to form separate businesses. Each business will have liability protection so long as you keep them separate from one another and will insulate you from personal Liability. If they are indeed... View More
A homeowner in Georgia, who has since moved but continues to harass and slander members of the Board of Directors for a HOA has created a website under the name of the Association. Should the Association's Board seek legal remedies against this former owner?
answered on Feb 3, 2025
A Georgia attorney could advise best, but your question remains open for three weeks. It depends on a number of factors. If the statements are false and are resulting in damages and fit the requisite mindset, that could form a textbook basis for a lawsuit. However, there are also practical... View More
Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More
answered on Jan 13, 2025
A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More
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