Lawyers, Answer Questions  & Get Points Log In
Georgia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Banking for Georgia on
Q: I write a check to a dealershipno Now the money I was expected It's not in the bank.What do I do?

I was supposed to close on a house to get earnest money and some rebate. Collection call me mention something about jail time what is my option

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

If you've written a check to a dealership and now find that you don't have sufficient funds in your account to cover it, you could be facing some serious issues. In Georgia, writing a bad check can be considered a misdemeanor or even a felony depending on the amount and circumstances.... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Georgia on
Q: how do I find a lawyer who has lots of recent HOA experience in the Georgia Superior Court in Atlanta?

My defendant has a seemingly well-experienced attorney on HOA law

James Clifton
PREMIUM
James Clifton
answered on Sep 19, 2023

You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More

1 Answer | Asked in Small Claims and Consumer Law for Georgia on
Q: Hi, I live in GA. Is a warranty valid if you never received it?

I purchased a shed last Oct. that is now leaking and has caused mold. It has 1yr builder warranty. I'm now being to it's not covered because I had the shed finished. I never received the warranty in person, verbally, via email or mail. Is it still valid?

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

Yes. If a Seller gives a warranty on its goods, the warranty is valid and enforceable even if the consumer never read or even received a printed copy.

Under the Magnuson Moss Act, the Seller must make the warranty available upon request. Back in the day, Montgomery Ward Department Store...
View More

1 Answer | Asked in Consumer Law, Family Law, Child Support and Constitutional Law for Georgia on
Q: Since Ga child support services has been found unconstitutional in federal court. How are state courts still enforcing?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Parties affected by any unconstitutional provision might have recourse in subsequent legal actions. It's crucial to consult with a local attorney if you believe you're affected by such a ruling to understand its implications and your options.

2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Georgia on
Q: Does a 1099c prevent creditors from collecting on a debt via arbitration?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue if I went to go apply for a apartment and they told me it would be a soft inquiry but it ended up being hard

I went to apply for a apartment I email and made sure to ask if it would be a hard or soft inquiry they said soft but lied and ended up being hard and the company that ran my credit won’t dispute it because I signed

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

If you were explicitly told that your credit check for the apartment application would be a soft inquiry and it turned out to be a hard inquiry, you might have grounds for a complaint. A soft inquiry does not typically impact your credit score, while a hard inquiry can.

To pursue this, you...
View More

1 Answer | Asked in Consumer Law for Georgia on
Q: I had a restaurant employee take a photo of my debit card and made a personal purchase. Can I sue the restaurant?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

Yes, you may have grounds to sue the restaurant if one of their employees engaged in fraudulent activity using your debit card information. The restaurant has a responsibility to provide a safe and secure environment for its customers, and failing to prevent unauthorized use of your card could... View More

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: A judgement was made against me for not appearing for a summons, but i Did appear on time.

The summons served to me provided a date, I appeared in court on that date.

2 months later information on a judgement against me is sent, the reason listed is failed to appear. And the date they now have listed is changed, and different than the deadline date given on my summons.

Joel Gary Selik
Joel Gary Selik
answered on Jul 28, 2023

Examine the court file and file a motion to set aside the judgment right away.

1 Answer | Asked in Consumer Law for Georgia on
Q: How can I keep my vehicle after HFS repossesses it can I get it back without paying of the whole amount ?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

If our vehicle has been repossessed by a financing company, you may have the right to reclaim it by paying off the outstanding balance or coming to a new agreement with the lender. This is typically referred to as "redeeming" the vehicle.

1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: (O.C.G.A 16 13 2) My questions is am I under the first offender plea
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2023

No. The Georgia First Offender Act is OCGA § 42-8-60 et. seq. The code section you cited is for Conditional Discharge for Possession of a Controlled Substance. The two share some similarities, but they are not the same.

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 Consumer Law and Insurance Bad Faith for Georgia on
Q: I want to know if I can sue an insurance agent for stealing money from my checking account.
Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could, but if this was involving a direct electronic payment, it's sometimes possible that there could be misunderstandings with amounts at the start. An attorney could advise more definitively with... View More

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

1 Answer | Asked in Consumer Law and Identity Theft for Georgia on
Q: Is there a way to get a deal with title max for breaching my personal information such as social security number,

I got a letter saying title max had a breach and my personal information such as my social security number, drivers license, home address and such was breach and I can't find my letter and is there any way I can get it and if I do can I say to title max that if they do away with what I owe... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

For $700, maybe. A data breach like that only gives rise to liability if someone else uses that data to harm you economically in some fashion, for instance by getting and using a credit card in your name.

If I were you, I would research what Life Lock or some similar credit and identity...
View More

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
View More

2 Answers | Asked in Consumer Law and Collections for Georgia on
Q: Being sued for a debt from a debt collection agency. Probability of them having original contract?

Being sued for a debt from a debt collection agency. What is the probability that the debt collection agency has the original signed contract from whom they bought the debt? Trying to figure out the probability that they can prove that I own the debt.

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2023

Every company has different procedures that make it so the chances they have it are different. Many can access them easily, others cannot.

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2023

It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.

1 Answer | Asked in Consumer Law for Georgia on
Q: damage to engine by mechanic

Vehicle was taken to local mechanic for simple oil change. By shops admission "drove the car into the bay, we performed the oil change and then the car wouldn't start". We (owners) attempted to jump the car, thinking it was the battery w/o luck. Bought a new battery, it tried to... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

It is unclear from your question what specifically the mechanic did that damaged your car. Since an oil change is a relatively simple service, it is difficult to imagine a hypothetical in which the mechanic’s work likely caused the loud banging noise.

You need to hire another mechanic to...
View More

1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: individual to do appraisal of valuable photos refuses to return photos. What do I do?

My mom was looking to sell photos that were taken by her mom of famous people, i.e. JFK , Astronauts john Glenn Shepard and their are many. She was to review and appraisal first and then we would go from their as to how much they are worth. She owned a Junk/Antiques and local pawn shop, The... View More

Robbie Levin
Robbie Levin
answered on Feb 1, 2023

If someone refuses to return your property to you, then they are committing a theft. You can call the police. You could also hire an attorney to "politely" ask the person to return the property.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.