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Georgia Civil Litigation Questions & Answers
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.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Need to Find a lawer to help me with a breach of contract

To keep my mortgage company from take my home with Fraudulent financial transaction Deception.

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. If you're looking for a lawyer, there are sites that act as attorney referral services. The format here is limited to Q & A. There is a tab above, Find a Lawyer. You could use that to supplement your... View More

1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: Can I sue my soon to be ex husband for causing my family to be homeless?

Hi! I am in desperate need of an attorney. I have already filed for divorce, but need a lawyer who is versed in the ways of a narcissist. I reached out to Georgia Legal Aid for assistance with this, but was denied due to funding. I’m turning to this community because I have limited funds myself,... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

A judge can't order you to find an attorney. You can always choose to represent yourself, legally you have that right. Now the judge may have told you to get an attorney because they may really think you need one. But that's not an order. You don't sue someone for making you... View More

1 Answer | Asked in Civil Litigation and Banking for Georgia on
Q: I'm in litigation with Truist bank in federal court. I'm at the stage where discovery motions need to be filed.

Not sure how to format the motions, I may need to file a continuance. Couldn't get an attorney (Consumer Attorney) to take my case so I'm going Pro se.

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

The federal litigation bar is somewhat smaller than the state bar. If you intend to represent yourself, you need to be thoroughly familiar with the federal rules of civil procedure and the local rules of the district court in which your case is pending.

While you can lawfully represent...
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2 Answers | Asked in Civil Litigation and Collections for Georgia on
Q: Good afternoon. Can a rental management company come after me after the consent judgment. There was zero judgement

My sister signed my name for over 10 yrs and management let her. She left 14 k in unpaid rent . I went to court and I guess the management didn’t have proof. There was no judgment . Should I be worried. It was for an eviction.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2023

You were sued, you went to court on a final hearing, Plaintiff had no proof, and the judge did what? Did not enter a judgment against you? If what I described is accurate, the case is over. You cannot be sued again.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: In a civil case can a individual Sue two other individuals in one filing if those other two individuals are not married
Tim Akpinar
Tim Akpinar
answered on Feb 15, 2023

A Georgia attorney could answer best, but your question remains open for two weeks. The quick and short answer that generally applies nationwide is that you can in most places, as long as their actions are related to the same transaction, accident, or other occurrence. However, double check with a... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for Georgia on
Q: I was assaulted by my ex’s daughter I pushed her off me and left. I was arrested 4 days later and charged with family vi

I have texts from ex stating her daughter did it because I was going to padlock the doors so she could not move in

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

Sadly these "late charges" are becoming more and more common. Its awful. You need to retain a local lawyer in West GA to assist you, as they will make the process MUCH easier as you do need to satisfy the warrant before it interrupts your life even more. They will help you with a quick... View More

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: I want to sue someone but don’t have money for a lawyer
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2023

A Georgia attorney could advise best, but your question remains open for a week. It could depend on what type of matter you have. If an attorney is willing to handle things on a contingency basis, that usually means the legal fee is a percentage of recovery, paid at the end. There is also small... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Can my former tenants win a lawsuit against me - Georgia law ?

I am the homeowner. I had a lease to own contract with a property investor. He had a lease to own contract with the tenants in the house. They attempted to purchase the property and could not receive the funding and passed the due date on the sales contract. 8 months later I evicted them after not... View More

James Clifton
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James Clifton
answered on Jan 18, 2023

Without more information about the complaint filed by the former tenant, it is difficult to say. The tenant would need to specify which tort you committed specifically. Residency isn't a tort. Whether you breached the contract would be determined by the specific language in the contract. From... View More

2 Answers | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: can my wife leave me to live somewhere else and come take our camper we lived in next day while I’m gone all my stuff

We were married 15 yrs. Lived in the camper last 4 yrs. Took camper when I was not present with all my belongings in it left me homeless

Regina Irene Edwards
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answered on Jan 12, 2023

Yes she is allowed to leave you. If the camper is marital property l, it belongs to both you so she can use it. She should not sell it or any if your belongings. You can file for divorce and ask for the property to be divided.

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1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Am I obligated by law to pay for repairs?

In June ‘22 I was in a minor fender-bender where I hit the rear bumper of another car (damage was only a small crack). The other party agreed to work outside of insurance and I agreed to pay for the damage but only directly to the collision center. Months went by and I kept getting excuses on why... View More

Michael W. Horst
Michael W. Horst
answered on Jan 7, 2023

Yes. When you cause an accident, you are legally obligated under Georgia law to pay for the damages you caused. The statute of limitations in Georgia for property damage to a vehicle is four years, meaning the other party could wait until June 2026 before filing suit against you and yet still... View More

1 Answer | Asked in Civil Litigation and Construction Law for Georgia on
Q: Renovations guy ripped me off and closed his business. How should I procced? What happens if he is hard to locate?

Contracted a business (a man and his son) to do some reno work. Most of what they did is unfinished and now he has closed his business. The work was done in GA, where I also reside, but his business is located in SC. I don't live near the area the work was being done so I asked him to send me... View More

Michael W. Horst
Michael W. Horst
answered on Dec 30, 2022

Since the work was done in Georgia but his business is located in South Carolina, you have the option to sue him in the Georgia county where the work was done or in South Carolina. Since you live in Georgia, I would file suit in Georgia as it is most convenient for you. In Georgia, magistrate... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Georgia on
Q: If the defendant did not follow the instructions and objected to every question in discovery & interrogatories what I do

Civil Personal Injury

Michael W. Horst
Michael W. Horst
answered on Dec 18, 2022

A discovery dispute is a two step process: (1) The law first requires that you confer with the opposing party in an effort to work through the dispute. If your attempt(s) to resolve the dispute do not work, then you go to the next step (2) File a motion to compel with the Court against the... View More

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1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Georgia on
Q: How do I respond to a filed motion from my lawyer (to withdraw) which has incorrect information?

The motion to withdraw and the certificate of notice, already e-filed with the court, incorrectly refers to me as the plaintiff a couple of times. Says that she has sent the notice to the defendant's lawyer (WHICH IS HERSELF) Because I AM the defendant. List my ex husband as the plaintiff,... View More

Regina Irene Edwards
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answered on Nov 20, 2022

You can and should reply with correct information. If the motion to withdraw is granted, the information on the notice to withdraw will be used to send you future notifications in the case, so you need to make sure that that is correct. Your attorney should not yell and curse at you. That is... View More

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: I won a settlement but the company is not paying. What can I do ?
Michael W. Horst
Michael W. Horst
answered on Nov 19, 2022

Once a case settles, both sides are contractually obligated to fulfill their respective ends of the deal. In most instances, that means the injured party will sign a release while the other party will pay a sum of money. In the event either party fails to uphold its end of the bargain, the... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can a title specialist / financial operations manager notarized customer paperwork?

Based on this state law below, can a title specialist / financial operations manager notarized customer paperwork:

It is lawful for a notary who is an employee, officer, director or stockholder of a bank or corporation to take the acknowledgment of any party to any written instrument... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 7, 2022

Certainly. A prohibition would apply be where the Notary Public had some form of ownership interest in the business or the transaction itself.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist?

I am having difficulty receiving a refund that is owed from a previous auto ins policy.. is there anyone who can assist? The policy was cancel because I moved to a new state. I am owed a refund and I am yet to receive it, almost 3 months. I have been given a run around. I am wondering if there is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2022

A Georgia attorney could advise best, but your question remains open for four weeks. Yes, there are attorneys who can help you - an experienced civil litigation attorney could handle something like this. But based on the size of the refund, you might be able to save money by handling the matter... View More

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