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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Constitutional Law, Employment Law, Consumer Law and Identity Theft for Georgia on
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?

I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.

James L. Arrasmith
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answered on Dec 20, 2023

If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent.... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Georgia on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to me, in GA?

I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More

Nina Whitehurst
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answered on Dec 5, 2023

Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.

Lenders are all too happy to accept...
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1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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1 Answer | Asked in Consumer Law, Business Law, Health Care Law and Libel & Slander for Georgia on
Q: A business gave my personal information to their customer in retaliation. What can I do?

My elderly mother’s name and that they knew her.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Georgia attorney could advise best, as your remedies could be governed by state law, but your question remains open for three weeks. At this point, one option could be to try to set up a free initial consult with attorneys who handle privacy-related matters, and possibly health care... View More

1 Answer | Asked in Consumer Law and Small Claims for Georgia on
Q: I had sold my old apple watch and it has an activation lock on it what will happen if I refuse to give the person money

I had sold my old apple watch that hasn't activation lock with my sister's email because it was her old Apple watch what will happen if I refuse to give this person his money back and we both don't know the password

James L. Arrasmith
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answered on Nov 17, 2023

Selling an Apple Watch with an activation lock without disclosing this to the buyer could be considered misrepresentation or fraud, particularly if the lock renders the watch unusable. If you refuse to refund the buyer, they may have the right to pursue legal action against you for the return of... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: I am looking for lawyer working with consumer law and contracts preferably with experience in automotive transactions.

bought vehicle through driveway.com and ifnnacing and they have issues witih titeling

T. Augustus Claus
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answered on Sep 27, 2023

If you're looking for a lawyer experienced in consumer law and automotive transactions, you might want to consult local bar association directories or online legal platforms to find an attorney. Sites like Avvo, Martindale-Hubbell, and your state's bar association could be helpful in your search.

1 Answer | Asked in Consumer Law, Banking and Business Formation for Georgia on
Q: How can a co-signer take ownership of a car as the owner on the title is in jail? Co-signer is making the payments
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

The jailed co-signer can sign a special power of attorney authorizing the free co-signer to transfer title into their name, subject to the lender’s approval.

1 Answer | Asked in Consumer Law and Medical Malpractice for Georgia on
Q: Looking to gauge my legal recourse in this case. I believe that I'm a victim of malpractice.

I consulted with a popular Atlanta invisalign provider in reference to fixing damage done to my teeth by a previous dental service named Byte. My main concern was moving my teeth up and 1 down using invisalign. He advised me that this was a simple process for them and that I would be done in 4... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

You have a potential case and not just for malpractice but also, potentially, for misrepresentation. Consult with experienced Dental Malpractice attorneys in the state where this occurred.

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
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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
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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...
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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
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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
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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.

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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
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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...
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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
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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
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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
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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

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