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Georgia Civil Litigation Questions & Answers
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

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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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

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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1 Answer | Asked in Civil Litigation, Family Law and Social Security for Georgia on
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced

Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?

During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s)... View More

James L. Arrasmith
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answered on Nov 5, 2023

While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Tax Law for Georgia on
Q: Is there a U S Code similar to O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letter?

I don't write letters often to Federal Agencies, however, wen I do, they almost always go unanswered for several months, or several years or in most cases - never. Just trying to get a feel for a viable defense if they come back one day down the road. Thanks.

Michael W. Horst
Michael W. Horst
answered on Nov 1, 2023

No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.

1 Answer | Asked in Civil Litigation and Civil Rights for Georgia on
Q: Questions concerning a writ of habeous corpus

The first question ask for Name, county, and court that entered the judgement of conviction under attack. I don't know what name they are referring to.

James L. Arrasmith
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answered on Oct 26, 2023

In the context of a writ of habeas corpus, when the form asks for the "Name," it typically refers to the name of the petitioner or the individual who was convicted and is challenging their detention or imprisonment. This would be the name of the person who believes they are being... View More

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: If lease says I need to give a 60 day notice to vacate can I submit a 30 day notice to vacate?

The landlord gave us a 60 day notice to vacate which would extend our rental lease by 10 days after we verbally informed them we wouldn’t be extending. Can I submit a 30 day notice to vacate and refuse to pay the extended lease?

Glenn M. Lyon
Glenn M. Lyon
answered on Oct 27, 2023

It depends on the terms of your lease.

1 Answer | Asked in Civil Litigation for Georgia on
Q: What happens if I don’t contact the Sheriff after leaving notice on my door.

There has been a civil case filed against me in which I am the Defendant being sued. The Sheriff made an attempt to serve me but I wasn’t home so they left a notice. What happens if I ignore the notice would they try again or would they say I avoided service or both?

Michael W. Horst
Michael W. Horst
answered on Oct 11, 2023

If you ignore the notice, you are making the sheriff's job more difficult but you are only delaying, not permanently avoiding, service. The sheriff will be back again to serve you and it is likely only a matter of time until he catches you at home.

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