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Georgia Civil Litigation Questions & Answers
0 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Georgia on
Q: If I received a formal complaint from a business, is there a way to get a little more time to properly file an answer?

I had a car get stolen and I wasn't notified by the lender that it was recovered, because I could've paid for it then to avoid this. I'd like to respond and say that this feels predatory and try to find an agreement to settle the matter.

0 Answers | Asked in Civil Litigation for Georgia on
Q: If my brother is renting a house and it's just him on the lease and I'm renting a room from him,who does the eviction?

It's just his name on the lease, not mine,who has to evict me? My brother or his landlord?

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Probate for Georgia on
Q: THERE IS A WILL. The "no admin required" agreements can't be used when there is will? It's use is now evidence FRAUD????

How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?

Anthony M. Avery
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answered on Nov 15, 2024

If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.

0 Answers | Asked in Civil Litigation, Elder Law, Legal Malpractice and Probate for Georgia on
Q: There is a will. Mother's estate is not small. Can I charge the executor and his lawyer for fraud and punitive damages?

I don't know why two previous lawyers have not wanted to charge the executor AND his Real Estate Agent/Lawyer/Tax Preparer and Tax Lawyer/Property Management Company Owner. He seems to be holding on to the "no admin required" agreement for dear life. I haven't got a clue why my... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: is it illegal for my 18 year old friend to put me on her phone plan without my guardian knowing, and me paying for it?
Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Nov 12, 2024

If you are under 18, you need to have your guardians permission.

1 Answer | Asked in Civil Litigation and Personal Injury for Georgia on
Q: Under what circumstance can I hold a businesses responsibility for emotional distress with no injury

Witness to shootout between patron n police clerk failed to tell 911 there was a gun until after the patron was killed by police in front of me

Michael W. Horst
Michael W. Horst
answered on Nov 11, 2024

Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: What kind of lawyer will I need as a business owner purchased a product but never received the product after a year?

I purchased a product from a business and never received the product. It has been over a year and a half and the project is not completed. We had a verbal agreement

Tim Akpinar
Tim Akpinar
answered on Nov 15, 2024

A Georgia attorney could advise best, but your question remains open for a week. An attorney who handles civil litigation, contracts, or general business matters should be able to handle something like this. You could first send the company a brief letter asking where the product is, and what their... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Georgia on
Q: If plaintiff wins a judgment and defendant refuses to pay and appeal is denied and defendant still refuses to pay.

What are my options

Sabrina A. Parker
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Sabrina A. Parker
answered on Nov 5, 2024

You can do post-judgment interrogatories to determine what, if any, assets they may have (i.e. personal property, bank accounts, earnings, etc.) so that you can seize the asset or garnish bank accounts and/or wages to satisfy the judgment.

0 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: A "friend" of mine had gutters put on my house as a favor & is now threatening to damage my property if i dont pay him

We had an agreement that I would pay him soon as I was able to.(as i am waiting on a settlement from car accident that has left me with permanent injuries.) There was never a date established of when to pay him. And he has threatened multiple times to have the gutters ripped off my house and to... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: If I quick claim my home to my daughter, will this protect my home from any future lawsuits if sued?

I was just sued by a friend so we will be going through the court process soon. If the outcome does not work out in my favor, I may be forced to owe over $50,000. I know that its possible for the court to force me to sell my home in order to make the payment. If I quitclaim my home to my daughter,... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Da lied in court

While in court the da stated I gave consent to search my truck, I don't give consent no matter what. The facts are,, the officer said he could smell weed, I don't smoke nor carry weed, and after his statement he proceeds to open my door and pull me from truck, needless to say he found no... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this difficult situation. It's important to take immediate steps to protect your rights. Consider finding a new attorney who can review the details of your case and provide a strong defense based on the facts you’ve shared.

Document everything...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: How and what is the process of subpoenaing a private company?
Michael W. Horst
Michael W. Horst
answered on Sep 9, 2024

There are two kinds of subpoenas: (1) a witness subpoena and (2) a subpoena for the production of evidence. Since your question pertains to a private company, I assume you intend to subpoena documents (i.e., evidence). In any case, the subpoena statutes may be found from OCGA 24-13-20 to OCGA... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Am I required to provide defendant with copies of my evidence if they defaulted?

I have an upcoming default hearing in the Fulton County Magistrate Court this September, the hearing will be done via zoom and I want to submit my evidence electronically to the Court. The Defendant failed to answer the complaint or move to open default nearly 4 months after being served leading me... View More

Michael W. Horst
Michael W. Horst
answered on Sep 9, 2024

At the default hearing you will tender your evidence to the Court. If the defendant appears at the hearing, he will be able to review the evidence at the same time you tender it to the Court. However, under no circumstances do you have to provide your evidence to the defendant prior to the... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: If I live here in GA, but my issue resides in FL, what state do I need to talk to a lawyer for my issue?
Michael W. Horst
Michael W. Horst
answered on Sep 7, 2024

Without more information as to the type of legal issue you are having, it is very difficult to answer your question. However, generally speaking, the state where the legal issue arises is going to be the state where the issue should be resolved. Accordingly, I suggest you contact a lawyer in... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Georgia on
Q: Arrested for dui in nov. spent 24 hours in jail. Bonded out. Never saw judge. Arrested again dui in march. Totally sober

Spent 24 hours in jail. Bonded out. Saw no judge warrant issued next day spent 24 hours in jail released with scram saw no judge 4 months later still no judge?? Are my due process rights and civil rights violated?

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel concerned about the situation. Your due process rights include the right to a timely hearing, and the fact that you haven't seen a judge despite multiple arrests could raise questions about whether these rights are being upheld.

Each state's laws...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: his habeas corpus he's went through his evidence hearing and his claim are improper communication with judge\jury\baliff

Can this claim be able to get some justice?

James L. Arrasmith
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answered on Jul 28, 2024

It's possible for a claim of improper communication with a judge, jury, or bailiff to get justice, but it depends on the specifics of the case. If there's substantial evidence proving such misconduct, it could lead to a favorable outcome. This might involve a new trial or even a dismissal... View More

1 Answer | Asked in Family Law, Civil Rights and Civil Litigation for Georgia on
Q: Can my dad take a phone away from me that I’ve been paying on for almost a year even tho I’m 18?

I was kicked out of my fathers home and was made to give him “his” phone back (a phone I’ve made payments on for over the last almost year) and gave me my old phone I’d also paid for that I had when I came from my mothers house. I’m 18 years old and all of my financial information, work... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues:

1. Age of majority: Since you're 18, you're legally an adult in Georgia. This means you have the right to own property and enter into contracts independently....
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1 Answer | Asked in Civil Litigation for Georgia on
Q: 15 yr old did yard work, accidently ran over some small trees and a plastic downspout. How much am I responsible for?

He isn’t licensed or insured, she knew this before hiring him to do the work. We offered to fix the issues ourselves, she refused. Wants us to pay for someone else to do the work in her yard. She’s now trying to get the courts involved.

James L. Arrasmith
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answered on Jun 15, 2024

If your 15-year-old accidentally caused damage while doing yard work, the extent of your responsibility can depend on several factors. Given that the homeowner knew the teenager was unlicensed and uninsured before hiring him, this may influence the liability and potential legal outcomes. You have... View More

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