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Georgia Civil Litigation Questions & Answers
0 Answers | Asked in White Collar Crime, Civil Litigation, Employment Law and Criminal Law for Georgia on
Q: Can church report secretary for theft after repayment offer in Georgia?

I am part of a church where the secretary has been caught stealing over $15,000, according to the church ledger and bank statements. The theft has been ongoing for over 2 years. Although no formal agreement has been made, she has offered to repay part of the money, expecting that we would drop the... View More

0 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Georgia on
Q: Settlement information for Canadyne Georgia vs Cleveland regarding cancer-related deaths in Fort Valley, Georgia.

I am looking for information regarding any settlement or payout related to Canadyne Georgia vs Cleveland for residents in Fort Valley, Georgia. Specifically, this pertains to cancer-related deaths around 1990. My mother and grandmother passed away due to cancer, and I am wondering if there were any... View More

0 Answers | Asked in Collections, Civil Litigation and Gov & Administrative Law for Georgia on
Q: Can I be garnished for a 13-year-old hospital bill without notice?

I'm being garnished for a hospital bill from 13 years ago, and this is the first I've heard of it. I received no prior notice or summons, and it doesn't appear on my credit report. The garnishment is affecting my wages, and the hospital involved has not previously been disputed by... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Georgia on
Q: Eviction default on payment plan and writ of possession notice.

I had an eviction filed against me due to late payments, but then signed a written agreement for a payment plan. I defaulted on this payment plan and have only received notice by text about a writ of possession being filed. I received the initial dispossessory notice, but I'm unsure of the... View More

Kent Bailey
Kent Bailey
answered on Mar 28, 2025

More information is needed here to provide an accurate answer. Was the initial dispossessory action dismissed or continued? Did the settlement agreement address anything with regards to default on the payment plan? You have an opportunity to contest the eviction if you have not already... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Concern about developer avoiding POA fees in subdivision.

I am part of a subdivision that is still under development, with some phases complete and others ongoing. The developer appointed a real estate firm to manage the POA since the buildout hasn't reached the 90% threshold for homeowner control. Based on the covenants and bylaws, there is concern... View More

1 Answer | Asked in Contracts, Intellectual Property and Civil Litigation for Georgia on
Q: How to protect my work after a manager removed my videos from my channel?

I had a mutual agreement with a manager to create videos for free in exchange for him providing me with artists to work with, without a formal contract. Initially, this elevated my career, but after I sought financial compensation, he ended the collaboration. Now, he's taking actions against... View More

James L. Arrasmith
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answered on Apr 2, 2025

You likely retain copyright ownership of your videos despite the absence of a formal written contract. Copyright protection attaches automatically to original creative works once fixed in tangible form, giving you exclusive rights to reproduce, distribute, and display your content. Your verbal... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Personal Injury for Georgia on
Q: Can I sue a guard and prison for being beaten and bruised in Georgia with witnesses?

In prison, I was bruised and beaten by a guard, and there were witnesses to the incident. I have not yet contacted any legal counsel or received any assistance from the prison administration. There has been no action taken by the prison regarding this incident. What are my rights in this situation,... View More

James L. Arrasmith
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answered on Apr 1, 2025

You have potentially viable legal claims against both the guard who assaulted you and the prison facility under federal civil rights laws. The Eighth Amendment protects prisoners from cruel and unusual punishment, including excessive force by corrections officers, and having witnesses significantly... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Can I subpoena a storage facility that auctioned my belongings due to billing errors?

I'm wondering if it's possible to subpoena a former storage facility that auctioned off my belongings. This occurred due to overstated billing over the phone, which I realized too late. I want to recover legal and personal documents that were sold. The facility informed me that my items... View More

Michael W. Horst
Michael W. Horst
answered on Mar 27, 2025

Before you have the ability to subpoena any documents or person, you will first need to file a lawsuit against the storage facility. Once suit has been filed, you are free to engage in discovery including the issuance of subpoenas.

0 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Georgia on
Q: Can I sue landlord for injuries from unfixed gap in rental property?

I fell between my porch and trailer because of a longstanding gap that my landlord refuses to fix, despite his responsibility as stated in our lease agreement. I texted him about the gap and my resulting injuries, including multiple bruises and severe pain in my left leg, but he dismissed it,... View More

0 Answers | Asked in Business Law, Contracts, Civil Litigation and Consumer Law for Georgia on
Q: Should I sue a fake Georgia mechanic for fraudulent vehicle abandonment claim?

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

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on
Q: Paid for bounced check but must appear in court. Why?

I paid for a bounced check on March 7, but I have received a mandatory court appearance notice. Why do I still need to appear in court, and what could be the possible legal implications or charges involved?

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 25, 2025

It depends what type of summons you received. There could be civil or criminal hearing. Civil just means they want more money. If you already paid everything back then you don't have anything to worry about. Criminal hearing could be a fine, probation, or jail time. It just depends on the... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Georgia on
Q: Time limit to file a wrongful incarceration lawsuit in Georgia after release.

I was wrongly incarcerated, and my case was dismissed and restricted from my record. I was released on July 20, 2024. How long do I have to file a lawsuit for wrongful incarceration if I want to do so in Georgia?

James L. Arrasmith
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answered on Mar 26, 2025

In Georgia, most personal injury claims, including those related to wrongful incarceration, have a two-year statute of limitations from the date of the injury or incident. This means you would typically have until July 20, 2026 to file your lawsuit.

The clock usually starts running from the...
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0 Answers | Asked in Traffic Tickets, Civil Litigation and Personal Injury for Georgia on
Q: How to reopen a traffic ticket case in GA with new evidence?

I recently paid a traffic ticket for improper lane change issued in Clayton County, GA. I now have bodycam and traffic camera footage obtained from open records, showing that I maintained my lane during the collision. The footage also reveals the other driver turning right from a left-turn-only... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for Georgia on
Q: Are grand jury indictments in Georgia required to be returned in open court with officials present?

In the state of Georgia, are grand jury indictments required to be returned in open court with the presence of a judge, court reporter, district attorneys, and the grand jury? I am concerned because the indictment process happened 13 years ago, and the defendant has been in prison since then. A... View More

James L. Arrasmith
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answered on Mar 23, 2025

In Georgia, grand jury indictments are indeed required to be returned in open court. This is a longstanding legal requirement that has been affirmed through multiple court cases.

The Georgia Supreme Court has established that for an indictment to be valid under Georgia law, it must be...
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0 Answers | Asked in Tax Law, Gov & Administrative Law and Civil Litigation for Georgia on
Q: Is the blanket site improvement assessment by tax assessors legal in Georgia?

I discovered that the tax assessor in my county added a "blanket" site improvement value of $5,000 to every property with a home and $4,000 for commercial properties. This was apparently approved in 2022 and implemented in 2024. I have requested a hearing with the Board of Equalization to... View More

0 Answers | Asked in Business Law, Civil Litigation, Personal Injury and Wrongful Death for Georgia on
Q: Is it ethical/legal for an attorney to counsel a business selling illicitly used products managed by spouse?

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

0 Answers | Asked in Medical Malpractice, Personal Injury and Civil Litigation for Georgia on
Q: Seeking guidance on discovery for a medical negligence case involving ectopic pregnancy mismanagement and subsequent health decline.

I am facing a medical negligence case related to an ectopic pregnancy diagnosis on May 8, 2021. During surgery to remove my left fallopian tube, the surgeon dropped a trochar, tearing my Aorta and causing hemorrhagic shock and significant blood loss, requiring resuscitation. The post-surgery... View More

0 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: Legal steps for childhood molestation in Georgia.

In 2007, when I was 4 years old, I was molested by my 12-year-old cousin in Georgia. I am now 21, and she is 29, living in Texas. I haven't reported the incident until now and am unsure about the legal steps I can take today. I've begun seeking psychological support, but I have no... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Can I take legal action against my HOA for incorrect fines related to weeds?

I am considering legal action against my HOA for overreach. They have been fining me for weeds, but the photos on the violation notice don't show any weeds. I've been dealing with this issue for almost two years and have previously had similar disputes with the HOA. Is there any legal... View More

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Valet service towed my rental car; seeking compensation and reversal of charges.

I paid for valet services, but my rental car was towed by the valet company. I only discovered this when I requested my car back, resulting in the need to rent another car to get home. I spoke with the valet manager, who took full responsibility for the incident. However, they are now unresponsive.... View More

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