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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: Does it seem correct to charge someone $1500 to write there ex husband a demand for money owed to her when house sales

Repayment for the remodeling done on house for it to sale. I want reimbursement and have receipts

T. Augustus Claus
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answered on Feb 9, 2024

In Georgia, charging $1,500 to draft a demand letter to an ex-husband for money owed from the sale of a house, specifically for reimbursement of remodeling expenses, can be considered reasonable depending on several factors. These factors include the complexity of the case, the amount of money... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Can the police come to my yard and tow my truck without my permission

They came to my house and said that I don't have insurance. I showed them proof of insurance, my registration, and my license and they still took it. This is the second time. The fist time I had to pay 1,200 dollars to get my truck back.

James L. Arrasmith
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answered on Feb 4, 2024

In the United States, law enforcement agencies generally have the authority to tow a vehicle if they believe it is in violation of certain laws or poses a threat. However, the specific circumstances vary by state and local regulations.

If you have valid proof of insurance, registration,...
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1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: In Georgia, can a person help another administer medications (such as inhaler or e-pen) during an emergency.
Lindsey S. Macon
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answered on Feb 11, 2024

Each case will turn on its own facts, and this description is fairly limited. The general answer to your question is YES, a good Samaritan trying to assist a person with an emergency choking or "not breathing" situation is usually shielded from being liable. One common example of this is... View More

0 Answers | Asked in Civil Litigation for Georgia on
Q: In a personal injury case where plantiff is awarded an amount plus attorney's fee's

Are attorney's allowed to take a percentage of plaintiffs award in addition to legal fees awarded at trial?

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Georgia on
Q: Are HOAs in GA bound by covenants only or state law as well?

Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to... View More

James L. Arrasmith
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answered on Jan 29, 2024

Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict,... View More

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: I won a default judgment. What steps should I take to collect if its even possible?

A renovation contractor is in default and I want to collect. Can I go after his wife also in this instance since she advertises for him? I don't want to throw good money at bad money so I need to know if they have anything that can be liened on to make him/them pay. And Im unsure about that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 26, 2024

There are many actions that could be taken. If you have bank information do a levy. Do a judgment debtor exam. Lien his property. Shins to take depend on what we know about the debtor.

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Georgia on
Q: How do I go about suing my insurance agency for bad faith? Having difficulty finding a lawyer who handles this type

I was emailed that my policy was canceled for non-payment. After I sent then the docs showing it was paid in full months in advanced they realized the mistake on there end. Days later I was given other excuses. This caused my business to loose contracts, other funds, registration expired, revoked... View More

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It can be difficult to find counsel for bad faith claims. They aren't always clear-cut and they could involve conflicting testimony and versions of events. Law firms recognize the amount of attorney time that a... View More

0 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Georgia on
Q: I got married in July 2023 but we weren't able to make it legal due to Puerto Rico laws. I need her to leave my house.

We had every intention of getting legally married but just never did it because of time. She has 3 kids and a mother that moved in my house that is solely in my name. I left to stay with my parents because she called my parents and threatened to call the cops over a verbal fight. She has said she... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex bought me a truck as a gift, have witness and texts . Also promissory note and video.

My ex bought me a truck as a gift , the dealer said he would have to be the owner only because he bought it with a card. I would have to sign as a co buyer. He stated he was going to completely sign his name off the title as soon as it came . Fast forwarded. He offered to sign a promissory note and... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your situation, it's important to understand that gifts, once given, are typically considered the property of the recipient. The fact that your ex bought the truck for you and you have evidence such as witness testimony, texts, a promissory note, and a video stating his intention to gift... View More

1 Answer | Asked in Family Law and Civil Litigation for Georgia on
Q: My postnuptial was set aside because of Defendant's lies. How can I get my post nuptial back in.

There was a ruling for the change in facts and circumstances. The plaintiff was arrested and wasn't able to go back home for over a year the defendant has paid the bills for the home. However the funds was not explain to the court that it was money stolen from the plaintiff.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

It would appear that these questions are inquiries you should make directly with your attorney. Because it would appear that you had an attorney who was representing you in this case.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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answered on Jan 11, 2024

It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Georgia on
Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?

Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for Georgia on
Q: Clayton County, GA. I want to collect a judgement. FiFa already filed. What should I file for post-judgement discovery?

I won a judgement in Magistrate court in Clayton County, Georgia. I have filed the FiFa. I am trying to figure out what I need to file for post-judgement discovery so I can garnish wages, bank accounts, and property. I have read that I will need the defendant to disclose this information in... View More

Sabrina A. Parker
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Sabrina A. Parker
answered on Jan 2, 2024

You can file Post Judgment Interrogatories to Defendant and Request for Production of Documents.

1 Answer | Asked in Tax Law and Civil Litigation for Georgia on
Q: Hoy can i join the lawsuit against Optima Tax Relief?
James L. Arrasmith
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answered on Dec 31, 2023

If you're considering joining the lawsuit against Optima Tax Relief, there are several steps you should take:

Seek Legal Advice: First and foremost, consult with an attorney experienced in class action lawsuits or consumer protection law. They can evaluate your specific situation and...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
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answered on Jan 1, 2024

If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More

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1 Answer | Asked in Banking and Civil Litigation for Georgia on
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to

Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or... View More

1 Answer | Asked in Communications Law, Landlord - Tenant and Civil Litigation for Georgia on
Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?

Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself... View More

James L. Arrasmith
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answered on Dec 21, 2023

In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Georgia on
Q: Is it possible to over turn a lawsuit judgement?
T. Augustus Claus
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answered on Dec 19, 2023

Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More

1 Answer | Asked in Contracts, Small Claims and Civil Litigation for Georgia on
Q: Can I sue?

I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.

Sabrina A. Parker
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Sabrina A. Parker
answered on Dec 18, 2023

Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or... View More

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