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Georgia Consumer Law Questions & Answers
0 Answers | Asked in Consumer Law for Georgia on
Q: What are my rights if a tow truck company damaged my car during a repossession

I paid my past due payments and went to pick my car up after it had been towed and it was not drivable due to the tow company damaging it

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Georgia on
Q: If plaintiff wins a judgment and defendant refuses to pay and appeal is denied and defendant still refuses to pay.

What are my options

Sabrina A. Parker
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Sabrina A. Parker
answered on Nov 5, 2024

You can do post-judgment interrogatories to determine what, if any, assets they may have (i.e. personal property, bank accounts, earnings, etc.) so that you can seize the asset or garnish bank accounts and/or wages to satisfy the judgment.

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: If you have storage building in Augusta they cut your lock. If you are 15 days late & take pictures of your stuff
James L. Arrasmith
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answered on Oct 26, 2024

It sounds like you're worried because your storage facility in Georgia cut your lock after you were 15 days late on payment and took pictures of your belongings. In Georgia, storage facilities often have policies that allow them to take certain actions when payments are overdue. Cutting the... View More

1 Answer | Asked in Consumer Law, Civil Rights and Landlord - Tenant for Georgia on
Q: We disagree with signing a 54 page document that a corporate leasing company has sent us. What can we do?

If we sign this lease we are waiving our rights to take this corporation to court in any way, shape or form. If we don't sign this lease we will be held to a month to month lease at a much higher rate or evicted.

We just discovered the FTC rulings against this business and HB 404 (in... View More

James L. Arrasmith
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answered on Oct 19, 2024

You have several options to consider in this situation. First, carefully review the lease terms with a trusted attorney to understand the implications of signing versus not signing. It’s important to know your rights and any potential consequences fully.

Given the FTC rulings and HB 404...
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1 Answer | Asked in Consumer Law, Contracts, Antitrust and Collections for Georgia on
Q: Me and a guy agreed work on my car and returm i would help him work on his car now he wants 200 and want give me my car

My car is in peices not running now he's being a jerk and i dont want to work with him no more but now he has my car lock inside a bulding and want give it to me unless i give h 200 buckscan he do this to me

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a difficult situation. If you had an agreement with the other person to trade services, but now they are demanding money and holding your car, it could be a breach of the original deal. It may not be legal for them to withhold your car, especially if you didn’t agree... View More

1 Answer | Asked in Consumer Law, Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I don't recall the banishment but I've been incarcerated several times expedited once and bandbut Rule#14 days it
James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re dealing with a complex legal situation involving past incarcerations and possibly a banishment order, which you might not fully recall. If you were expedited or banned, there could be documentation that explains these actions, possibly linked to specific legal proceedings or... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Georgia on
Q: customer wants deposit back after canceling job half way done

Received a 720 dollar deposit that i used to purchase materials ,also worked on site for 5 hrs and off site for 2 hrs , I charge 120hr

irrigation repair

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for a month. I'm sorry this was done to you after your hard work. If push comes to shove and the matter finds its way into court, a local attorney would need to advise of the full range of contract defenses that avail... View More

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for Georgia on
Q: Hi I have a case against me by a crypto currency exchange. they are filing an arbitration hearing. need guidance.

They are accusing me of taking money off their exchange that they credited to me. This isn't reflected in any transaction history i can access. There is no such thing as a crypto lawyer, most people or firms touting that they are crypto lawyers are typically just scam artists or firms... View More

James L. Arrasmith
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answered on Jul 27, 2024

Finding a lawyer to represent you in a crypto-related arbitration can be challenging but not impossible. Start by searching for lawyers who have experience in financial disputes and arbitration, as these professionals will have the necessary skills to handle your case, even if they do not... View More

1 Answer | Asked in Consumer Law for Georgia on
Q: I received a threatening letter from an attorney for CashNetUSA. I responded and explained my situation.

They told me they would file a warrant to have me arrested in 24 hours if I didn't pay over 2k. This is the 3rd or 4th different lawyer to reach out. I realize that I should stop responding. Is this a scam? I am getting that vibe now.

Matthew McKenna
Matthew McKenna
answered on Apr 30, 2024

Without knowing more, it sounds like a scam. This sounds like a common scare tactic that is used by scammers.

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Georgia on
Q: I had an appointment with a doctor that misrepresented her self. She was not the doctor I thought I had, I felt offended

I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More

Glenn T. Stern
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answered on Apr 21, 2024

Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More

1 Answer | Asked in Consumer Law for Georgia on
Q: I put my parents headstones on layaway and the company was sold. And now I want a refund, do I get that refund from them

The company is Rome monument and I put headstones on layaway in 2019 and the company was sold in 2022. I want a refund but was told that I would have to get it from the previous owner

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, the process for getting a refund may depend on the specific terms of the sale and how the layaway contract was handled during the transition of ownership. Here are a few steps you can take:

1. Review your original contract: Check the terms and conditions of your layaway...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can my girlfriends family kick me out of their home even when i can't afford to leave?

I moved to Georgia in June 2023 for a promised freelance job, but it fell through. Financially struggling, I ended up staying with my girlfriend's family, who welcomed me without setting a specific timeframe. My own family situation is unstable, with my mom unexpectedly leaving for New York.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Georgia, as in most states, your situation involves understanding tenant rights, even if there's no formal lease agreement. If you've been living in your girlfriend's family home without a specific agreement, you might still be considered a tenant at will. This generally means... View More

1 Answer | Asked in Consumer Law for Georgia on
Q: Do I have to report cancellation on a debt 1099

I co-signed on my daughter’s car, and she had to surrender due to change of circumstance. We’ve both received a 1099 for cancellation of debt 11 years later. Do we have to report this as income?

Carlos Figueroa Gutierrez
Carlos Figueroa Gutierrez
answered on Feb 6, 2024

its no necesary for the time

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Georgia on
Q: If a person puts up a cash bond 2 release inmate until court, changes mind & doesn't want 2 B responsible any longer,

hires bail Recovery person 2 return inmate. Recovery man gets inmate 2 jail & releases inmate or let's inmate escape, has he fulfilled his obligation or broken contract. He took $ as if he completed job. Was that illegal?

James L. Arrasmith
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answered on Feb 5, 2024

In this situation, if a person initially pays a cash bond to release an inmate and later changes their mind, they may seek the services of a bail recovery agent to return the inmate to custody. The bail recovery agent's responsibility is to locate and return the inmate to jail, not to... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2024

Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.

If the bankruptcy case is known, a Proof of Claim, at least, should be filed.

There are other alternatives....
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1 Answer | Asked in Consumer Law and Animal / Dog Law for Georgia on
Q: Question about being sued with no proof

I am being sued by my neighbor because he is stating my dog killed 13 chickens of his and damaged 1. He has no proof of my dog killing his chickens and no proof of my dog on his property. He has a picture from from about 4-5 months prior to this of my dog wrapped around his tree because it broke... View More

Jennifer Pierce
Jennifer Pierce
answered on Jan 30, 2024

The burden of proof is on your neighbor since he brought the lawsuit. If he cannot prove his claims, his lawsuit will be dismissed.

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue a car dealership for selling me a vehicle they did not fix?

A car dealership sold me a vehicle that needed a part replaced. The part was never replaced and the sales lady told me to come pick my vehicle up. I spoke to the manager and he told me it was bad communication between the teams. I have had to put thousands of dollars toward fixing my vehicle... View More

Michael L. Thompson
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answered on Feb 12, 2024

Your claim is not a product liability case, which applies when a manufacturer sends out a vehicle with a flawed or dangerous problem, like air bags that blow metal shards into the driver's face. Your issue is a contact issue. You can either hire an attorney or see if the small claims court for... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

1 Answer | Asked in Consumer Law and Products Liability for Georgia on
Q: Hello. I'm playing a mock game where I am attempting to sue a state-owned department in Georgia. Are my claims good?

Small context: plaintiffs own business called three guys. The Business Department (state-owned in Georgia) took away this business for inactivity on behalf of the owners (yes this is a policy in this game). However, this was despite the APPROVED request of the plaintiff to have the business placed... View More

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2024

A Georgia attorney could advise best, but your question remains open for a week. This sounds like a moot court-type exercise. In addition to the points you raise, you probably want to also approach things procedurally by statute - did the state entity follow necessary steps under state laws.... View More

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