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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex moved out and took one of my dogs. I purchased the dog only. I filled a civil complaint asking for an injunction.

Should it be pretty clean and cut since I purchased and provided his medical care?

T. Augustus Claus
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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

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Procedural question O.C.G.A. 33-7-11.

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

James Clifton
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James Clifton
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

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

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.

Jennifer Pierce
Jennifer Pierce
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.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: Doing the 2020 COVID 19 Life Storage in Columbus Georgia stole or the employee Weekend of July 3,2020 during this time
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: tenancy in common law says property will be shared equally UNLESS "the contrary appears" how does the contrary appear?

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

Jennifer Pierce
Jennifer Pierce
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.

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Civil Litigation for Georgia on
Q: May a UM/UIM Carrier be subject to default judgment?
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation for Georgia on
Q: What is the Proper Venue for small claims court?

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

Michael W. Horst
Michael W. Horst
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.

1 Answer | Asked in Civil Litigation for Georgia on
Q: How do I file a motion to request appointed counsel for a civil case ga
Michael W. Horst
Michael W. Horst
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...
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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for Georgia on
Q: Can you be charged with contempt for violating an ex-parte protective order that has been replaced with a TPO?

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?

Todd B. Kotler
Todd B. Kotler
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

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1 Answer | Asked in Civil Litigation for Georgia on
Q: I live in unincorporated Auburn, GA. The city of Auburn is in Barrow County, but unincorporated Auburn is in Gwinnett

A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?

Michael W. Horst
Michael W. Horst
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

2 Answers | Asked in Contracts and Civil Litigation for Georgia on
Q: If a lawyer is fired by you and he puts lean on the case. Is the lean still good.

He was fired but the case still continued 9 months later is the lean still good.

Michael W. Horst
Michael W. Horst
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.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Litigation for Georgia on
Q: A citation has a code 40-6-272. What is that particular code here in Georgia?

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

Michael W. Horst
Michael W. Horst
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...
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1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: I am a widow as of 2018. I recently ended an unhealthy relationship. My mother in law had to p/u my two boys from school

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

Regina Irene Edwards
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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.

1 Answer | Asked in Business Formation, Business Law, Car Accidents and Civil Litigation for Georgia on
Q: i am looking into a business running a food /ice cream truck w/ hemp derived edibles.what are steps to take to protectit

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

Tim Akpinar
Tim Akpinar
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

3 Answers | Asked in Civil Litigation and Small Claims for Georgia on
Q: I’m being sued for small claims amount on documents state I owe the plaintif $2,491.00 for money I took from his busines

Plaintiff states while working for his business I (Took) money from his business

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Employment Law, Appeals / Appellate Law, Business Law and Civil Litigation for Georgia on
Q: I get the Code Section but cannot open the links that would provide the cases interpreting the code section?
Michael W. Horst
Michael W. Horst
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

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Me and a partner purchased 4 vehicles together. I am now wanting to liquidate the business sell the 4 vehicles

Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree

Glenn M. Lyon
Glenn M. Lyon
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.

1 Answer | Asked in Civil Litigation for Georgia on
Q: "why would a judge sign a order nunc pro tunc september22 2022 october 10 2022
Glenn T. Stern
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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

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Litigation for Georgia on
Q: Neighbor has routed his water in my yard destroying my yard..ii have ask him to stop he states he can do that
James Clifton
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James Clifton
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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