Get free answers to your Civil Litigation legal questions from lawyers in your area.
Should it be pretty clean and cut since I purchased and provided his medical care?
answered on Jul 3, 2023
In a civil complaint seeking an injunction to recover possession of a dog, the court will consider various factors, including proof of ownership. If you have clear evidence that you purchased the dog and have been providing its medical care, it can strengthen your case
Serve the uninsured/underinsured insurance carrier as though the were a named defendant. Create a summons in the name of the insurance company while leaving them unmentioned in the complaint. They can answer in the name of the driver, owner, or both or in their own name. By answering in their own... View More
answered on Jul 2, 2023
You would not need to amend the complaint, as the insurance company has entered the case as a matter of right under the law to defend itself and its insured. Unless the insurance company denies that the named defendant is insured by them, the insurance company will typically admit or stipulate to... View More
in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.
answered on Jun 30, 2023
If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.
answered on Jun 26, 2023
A Georgia attorney could advise best, but your post remains open for two weeks. It looks like part of the question may have gotten left off. Good luck
I am 95% owner. the 5% co-owner is not taking true responsibility for the property. he is only causing trouble.
how does the contrary appears clause apply in this law?
if i can prove that he is behaving contrary to the best interest of the property, does that qualify?... View More
answered on Jun 5, 2023
If your ownership deed specifies that you have a 95% ownership and the co-owner only has 5%, then that's what you have. If the deed does not set out those percentages, then it is presumed you hold title in 50/50. The co-owner's behavior has no bearing on how much they own.
I am looking for information on a home inspector / LLC owner.
answered on May 25, 2023
A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More
answered on Jun 5, 2023
A Georgia attorney could advise best, but your question remains open for four weeks. Additional information would be helpful, such as whether they failed to appear. Since UM practice is governed by specific state laws, at this point, one option is to consult with a local attorney who handles UM... View More
While parked in a parking lot in Fayette County, my car was hit by another vehicle with a driver from Clayton County. Being on private property, no citations were issued, but a police report was done. The other vehicle's insurance has refused to pay for damages. Which is the proper venue for... View More
answered on May 8, 2023
Venue must be placed in the county where the other driver lives. In this case, that venue is Clayton County.
answered on May 8, 2023
There is no basis under Georgia law for a judge to appoint counsel in a civil case. It is true that in some criminal cases a judge will appoint an attorney to an accused, but that does not exist in the civil arena.
While a judge cannot appoint counsel in a civil case, that does not mean... View More
At the TPO hearing the ex-parte protective order is supposed to have expired.
3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?
answered on May 5, 2023
I think the more appropriate question to ask is whether it is going to be effective. Additionally, the defendant (respondent) to the now TPO might want to contemplate whether the alleged conduct violates the TPO. It is possible under these facts that such a defendant may file a motion to dismiss... View More
A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?
answered on May 2, 2023
The short answer is yes - you are under the jurisdiction of the Superior Court of Barrow County once sued there. However, the longer answer is that venue is not proper in Barrow County. Venue is proper in Gwinnett County since that is your county of residence. The proper response to being sued... View More
He was fired but the case still continued 9 months later is the lean still good.
answered on Apr 30, 2023
Yes. A valid attorney's lien survives indefinitely. In fact, the lien stays on a case until the lien is satisfied or removed by a judge. If you wish to learn further information about attorney liens in Georgia, please check out the applicable statute - O.C.G.A. 15-19-14.
While pulling a UHaul truck into a car wash, I barely made contact with an overhead PVC pipe on a chain that displayed the height 8' 6". It fell to the ground and broke. It was after hours and didn't have pen and paper to leave a note or an after hours number. I knew the car wash... View More
answered on Apr 18, 2023
I am sorry to hear about your situation.
In terms of your charges, O.C.G.A. § 40-6-272 refers to your duty to contact the owner of the car wash after striking the PVC pipe (i.e., a fixture). I am not aware of what statute would apply to a hit and run in your situation. Georgia does... View More
March 24, due to my boyfriend running from law enforcement, and leaving me w a posesion charge. He turned himself in later the same day, and admitted everything was his.My mom in law bonded me outApril 3, a little over a week and now she thinks I should voluntarily sign her temporary guardianship... View More
answered on Apr 16, 2023
Just tell her no. If she sues you for custody, get a lawyer. You probably will need to get your own place with the children.
i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience
answered on Apr 20, 2023
A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... View More
Plaintiff states while working for his business I (Took) money from his business
answered on Apr 2, 2023
You should speak with an attorney about such factors as:
- The other party's claims and your potential defenses to those claims
- Your potential counterclaims and the other party's potential defenses to those claims
- Criminal charges that could result from the... View More
answered on Mar 21, 2023
The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:
https://scholar.google.com/scholar?hl=en&as_sdt=4,11
Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree
answered on Mar 23, 2023
I would need more information on the company, ownership percentages, positions, duties, contracts, etc. But generally speaking, you all would have to all agree to properly dissolve the company.
answered on Mar 6, 2023
Normally, an order is effective from the date it is signed and going forward. However, with a nunc pro tunc order, it means that the order signed (here, on October 10, 2022) is not effective from that day, but rather, retroactively effective from a date back in time (from September 22, 2022, in... View More
answered on Feb 28, 2023
A property owner may not divert water onto the property of another in a way that causes damage to the property receiving the excess water. Doing so is considered a nuisance and is actionable.
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