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Georgia Contracts Questions & Answers
0 Answers | Asked in Business Law and Contracts for Georgia on
Q: Hello, Business owner wants $50K in working capital from investor. What needs to be written/agreed to protect us both?

Business owner needs to show the $50K as working capital to get an additional disbursement from a separate lender. Business owner is expected to return the $50K after the disbursement is made. However, secondary lender has made it clear that the $50K must be present in his/her Business Checking... View More

0 Answers | Asked in Contracts for Georgia on
Q: Can a buyer sue a seller after the house sale contract expired over thirty days?

House Sale Contract in Puerto Rico expired 9/20/24, extension of contract expired on 11/15/24. The Buyer was informed on 11/26/24 verbally the contract would not be renewed. The lawyer was informed on 12/13/24 the termination of the house sale, an email was sent on 12/14/24 for the lawyer to review... View More

0 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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0 Answers | Asked in Consumer Law, Contracts and Small Claims for Georgia on
Q: I was financing a car, and came to a point when I could not afford. I asked for solutions, but they had none.

They were tight on the options. I was extremely stressed after the multiple calls that they made to me and the lack of options. To protect my sanity and health, I asked for them to come get the car. They then tried to come up with solutions, but I had moved on. I was sent a subpoena and I do not... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue a RE firm in GA for operating while Admin Dissolved for 14 yrs. I was served for eviction and looked them up.
Anthony M. Avery
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answered on Dec 13, 2024

You should be able to claim the plaintiff does not exist at Court. Hire a GA attorney to defend you. But Court will give them continuance to substitute proper party.

0 Answers | Asked in Banking, Business Law and Contracts for Georgia on
Q: Unpaid 2% success fee on $4M loan. Jurisdiction: GA (contract), SC (client), or FL (property)?

I’m seeking advice or a pro bono attorney for a contract dispute. I’m a business consultant who helps clients with alternative debt financing. My client, a mental health doctor in South Carolina, signed a success-based fee agreement with me for either a flat 2% or 3.5% minus any lender referral... View More

0 Answers | Asked in Consumer Law and Contracts for Georgia on
Q: Trailer buyer wants to back out of buying trailers but wants his deposit back. In ga

I manufacture utility trailers and there was a guy that wanted three dump trailers that came up to around $29950 so I asked him to put a $10000 deposit down because I didn’t want to build these custom trailer and then have him back out.. I invoiced him the full amount and noted on the invoice... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Georgia on
Q: If I received a formal complaint from a business, is there a way to get a little more time to properly file an answer?

I had a car get stolen and I wasn't notified by the lender that it was recovered, because I could've paid for it then to avoid this. I'd like to respond and say that this feels predatory and try to find an agreement to settle the matter.

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a Georgia attorney, in most settings, the answer is "yes." It could depend on the law firm bringing the action, but most attorneys often grant a first-time request... View More

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 Contracts and Landlord - Tenant for Georgia on
Q: Hi I want to get out of my lease with receiving my deposit back my lease isn’t up until Feb 2025 but there are rodents

Infested within the home that I was unaware of I contacted my landlord in March and she told me to by rat traps which I did and since have caught 9 rats and there is something still in the home that’s leaving rat poop and has chewed through the walls . You can hear something moving around in the... View More

Kent Bailey
Kent Bailey
answered on Nov 3, 2024

Given what you have described in your question, it appears that you may qualify for termination of your lease under what is known as a "Constructive Eviction". A review of the terms of the lease would be necessary to advise specifically, however, I recommend that you speak with an... View More

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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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

2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are...
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2 Answers | Asked in Contracts, Family Law, Civil Rights, Juvenile Law and Divorce for Georgia on
Q: If I have stuff in my husband's storage who I am separated from and he changed the code, how can I get my stuff?

My son has valuables in his dad's storage that he has a key to. But my husband changed the code so we couldn't get in. What can we possibly do to get his stuff?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If the owner will not give you access to the area then you will need a court order to obtain your belongings. Which means when you file for divorce, you address to either the court, or in your agreement, what things you have to obtain from any residence. And the court will determine a date and... View More

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1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia on
Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More

James L. Arrasmith
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answered on Aug 15, 2024

When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More

1 Answer | Asked in Contracts, Internet Law and Real Estate Law for Georgia on
Q: the student apartment complex he signed a lease for through the internet is not what was advertised. Does he have rights

In the slums not a safe neighborhood and one of the roommates are out on bond for sexual assault. Can he break the lease?

James L. Arrasmith
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answered on Aug 31, 2024

You have the right to expect that the apartment you leased matches what was advertised to you. If the apartment is in a significantly different condition or in an unsafe neighborhood, you might be able to argue that the landlord has violated the terms of the lease by misrepresenting the property.... 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 Legal Malpractice, Bankruptcy and Contracts for Georgia on
Q: A judge ruled against me for contempt of court, while I waswithout legal representation, for an legal fees equity claim.

I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More

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