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Georgia Contracts Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Contracts for Georgia on
Q: Executor of estate land concerns over buyer's attorney contacting heirs directly.

In a will, it is stated that the executor has sole discretion over the estate land, meaning they can choose to sell it and must divide the profits among the deceased's eight children. The will specifies that heirs do not need to be notified if the land is sold, and there are no attorneys... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're right to be concerned, especially if the will clearly gives the executor full authority to handle the sale without needing heir involvement. In Georgia, if the executor has been legally appointed by the probate court and the will grants them discretion to manage the estate land,... View More

2 Answers | Asked in Real Estate Law and Contracts for Georgia on
Q: How to transfer house & mortgage to my name after split in GA?

My boyfriend and I bought a house together in Georgia, and now we are splitting up. Both of us are on the deed and mortgage. I plan to buy him out and need to transfer the house and mortgage to my name. We have agreed on the buyout amount, but there is no deadline for the transfer. What steps... View More

James Clifton
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James Clifton
answered on Apr 6, 2025

You need a written agreement regarding the amount to be paid and the date the property will officially change ownership. To transfer the mortgage and take his name off of it, you will also need to refinance. Otherwise, he will remain liable for the debt. The mortgage is a separate document from the... View More

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1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Georgia on
Q: Can I sue a dealership for an "as is" sold car with ongoing issues and towing costs?

I purchased a car "as is" from a buy here pay here dealership in October 2024. Since then, the car has been in the shop three times, and the dealership has attempted to fix it for over five months. While repairs have been covered, I had to pay for towing each time. The seller assured me... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s understandable to feel frustrated after months of issues with a car you were told was in good running condition. In Georgia, even if a car is sold “as is,” a dealership cannot misrepresent or lie about the condition of the vehicle. If the seller told you it was in good shape and that... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Paid off car but haven't received title; legal actions?

I paid off my car in August 2024 but still haven't received the title. Ally claims the loan is not showing as paid in full, even though I have all my payment records and bank statements. They've promised several times that the title would be sent in 7 to 10 days, but months have passed... View More

James L. Arrasmith
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answered on Apr 11, 2025

You’ve done everything right by keeping records and making full payment, and it’s unacceptable that this situation is still unresolved after so many months. In Georgia, once a car loan is paid off, the lienholder is legally required to release the title within a reasonable time—usually no... View More

1 Answer | Asked in Estate Planning and Contracts for Georgia on
Q: How to proceed with a trust fund my sister handed over to a lawyer?

I am a beneficiary of a trust fund, and my sister was the conservator but has now turned it over to a lawyer as she couldn't complete the task. The trust is supposed to pay my bills, and I have a copy of the trust documents. My sister claims she loaned me $50,000, which I need to return once... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a big step, and it’s important to move forward with clarity and caution. Since your sister has passed the responsibility to a lawyer, your first move should be to contact that attorney directly. Let them know you are a beneficiary and request a meeting or written explanation of... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Georgia on
Q: How can I sue an Illinois dealership from Georgia for a car title issue?

I purchased a car from a dealership in Illinois in January 2024, and the title they sent me is not recognized by the State of Georgia. I've tried contacting the dealership, but they are unresponsive. I'm seeking a clear title for the car I bought with cash. I've only made phone calls... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially after buying a car with cash and not being able to register it properly in your home state. When a dealership issues a title that isn’t recognized by the State of Georgia, and they refuse to respond, it can create a serious legal and logistical... View More

2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Georgia on
Q: Eviction default on payment plan and writ of possession notice.

I had an eviction filed against me due to late payments, but then signed a written agreement for a payment plan. I defaulted on this payment plan and have only received notice by text about a writ of possession being filed. I received the initial dispossessory notice, but I'm unsure of the... View More

Kent Bailey
Kent Bailey
answered on Mar 28, 2025

More information is needed here to provide an accurate answer. Was the initial dispossessory action dismissed or continued? Did the settlement agreement address anything with regards to default on the payment plan? You have an opportunity to contest the eviction if you have not already... View More

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1 Answer | Asked in Contracts, Intellectual Property and Civil Litigation for Georgia on
Q: How to protect my work after a manager removed my videos from my channel?

I had a mutual agreement with a manager to create videos for free in exchange for him providing me with artists to work with, without a formal contract. Initially, this elevated my career, but after I sought financial compensation, he ended the collaboration. Now, he's taking actions against... View More

James L. Arrasmith
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answered on Apr 2, 2025

You likely retain copyright ownership of your videos despite the absence of a formal written contract. Copyright protection attaches automatically to original creative works once fixed in tangible form, giving you exclusive rights to reproduce, distribute, and display your content. Your verbal... View More

1 Answer | Asked in Employment Law and Contracts for Georgia on
Q: Can my employer charge a stop payment fee for a lost paycheck without prior notice?

I lost my paycheck, and my employer informed me they would charge a stop payment fee. There was no prior communication or policy in my employment contract regarding such fees. Can my employer legally charge me this fee, and what are my options?

James L. Arrasmith
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answered on Apr 11, 2025

It’s understandable to be frustrated, especially when you didn’t get a heads-up about any fees tied to your paycheck. In Georgia, employers generally aren’t allowed to deduct money from your pay without your consent, unless it’s required by law or previously agreed upon in writing. If your... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Can I subpoena a storage facility that auctioned my belongings due to billing errors?

I'm wondering if it's possible to subpoena a former storage facility that auctioned off my belongings. This occurred due to overstated billing over the phone, which I realized too late. I want to recover legal and personal documents that were sold. The facility informed me that my items... View More

Michael W. Horst
Michael W. Horst
answered on Mar 27, 2025

Before you have the ability to subpoena any documents or person, you will first need to file a lawsuit against the storage facility. Once suit has been filed, you are free to engage in discovery including the issuance of subpoenas.

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1 Answer | Asked in Employment Law and Contracts for Georgia on
Q: Is it legal for employees to be out of work due to strike without compensation or updates?

My fiance is a full-time manager at a food court shop in an outlet mall. The owner of the shop, who owns most of the shops in the food court, decided to strike against the corporate sector of the outlet due to poor advertising, leaving all employees, including my fiance, out of work for almost two... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds incredibly unfair, especially for your fiancée and her coworkers who are left in limbo without income or even basic communication. In Georgia, most jobs are considered “at-will,” which means employers can stop work or shut down operations with very little notice unless there’s a... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation and Consumer Law for Georgia on
Q: Should I sue a fake Georgia mechanic for fraudulent vehicle abandonment claim?

I discovered that a mechanic shop, which doesn't appear in the Georgia business database, filed for abandonment of my vehicle. Their notifications lacked proper information, only providing storage details, a phone number, and vehicle data. They claimed to have done transmission work, yet the... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation sounds incredibly shady, and you're right to be questioning their legitimacy and their actions. If the business isn’t listed in Georgia’s business database and they’re filing abandonment claims with no real service performed or verified address, that raises serious legal... View More

2 Answers | Asked in Car Accidents, Contracts and Consumer Law for Georgia on
Q: Accident with wrong license plate registered on vehicle; impact of discrepancy?

I was involved in an accident where my truck's brakes failed while going downhill, causing me to crash into a dumpster and the side of a building. When the first officer on the scene ran my truck's tag, it showed as registered to a green Mustang instead of my green Dodge truck. How might... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2025

A Georgia attorney could advise best, but your question remains open for two weeks. A starting point could be to check DMV records for the discrepancy. In terms of pending claims from the dumpster owner or building owner, the license plate discrepancy is not likely to present any kind of defense -... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Valet service towed my rental car; seeking compensation and reversal of charges.

I paid for valet services, but my rental car was towed by the valet company. I only discovered this when I requested my car back, resulting in the need to rent another car to get home. I spoke with the valet manager, who took full responsibility for the incident. However, they are now unresponsive.... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s incredibly frustrating, especially since you trusted a paid service and ended up dealing with a situation completely outside your control. If the valet manager admitted fault and now they’re avoiding communication, you're well within your rights to take further action. The... View More

1 Answer | Asked in Contracts and Consumer Law for Georgia on
Q: Am I responsible for car payments after verbal agreement with aunt for a sedan unsafe for my children?

I made a verbal agreement to take over my aunt's car payment because she wanted a different vehicle. The car is financed under her name, and we initially agreed on a set payment amount, which she then increased several times without my consent. I pay for the car itself through payments sent by... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a difficult and stressful situation, especially with your family’s safety and finances involved. Since there’s no written contract between you and your aunt, and the vehicle is still financed in her name, you likely don’t have a legal obligation to continue making... View More

1 Answer | Asked in Contracts and Personal Injury for Georgia on
Q: Concerned about coworker changing agreement on bumper scraping incident in Georgia

I accidentally scraped a coworker's bumper while leaving work and promptly informed them. We verbally agreed that I would pay $400 for damages. Neither insurance nor police were contacted. The coworker has received the payment and confirmed satisfaction; however, there's no written... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your verbal agreement concerning the bumper damage appears legally enforceable under Georgia law, as it contains all essential elements of a valid contract: offer, acceptance, consideration, and mutual assent. The payment of $400 and your coworker's confirmation of satisfaction constitutes... View More

2 Answers | Asked in Contracts, Car Accidents and Insurance Defense for Georgia on
Q: Verbal agreement after scratching coworker's car; paid damages, no insurance involved. Any concerns?

After scratching a coworker's bumper while leaving work, I immediately informed them, and we verbally agreed on $400 for the damages, which I paid right then. I didn't notify insurance or the police. I have two coworkers as witnesses to this verbal agreement. I don't have the other... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Georgia attorney could advise best, but your question remains open for a week. Given the amount of the matter, the fact that it appears to be resolved, and that you have witnesses, you might want to simply "let sleeping dogs lie." It's up to you. What you could keep in mind if... View More

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1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: Is storage unit billing error grounds for litigation in GA?

I discovered that my storage units were invoiced inaccurately in December 2024 when a lien was issued. The staff overstated the outstanding balance by more than 50% compared to the invoices they emailed me, which prevented me from paying on time. They moved quickly, shutting down units without... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you have a valid concern regarding the billing error and improper handling of your storage units. If the storage company overstated the balance and failed to follow proper procedures for the lien under Georgia law, this could be considered a breach of contract. Their failure to give... View More

2 Answers | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can I sue a car wash company for charging me after cancelling?

I went in person to cancel my car wash service account, but the company continued to charge me for approximately 1 1/2 years after the cancellation. I contacted them twice, once in 2023 and once in 2024, and they issued refunds both times, assuring me that my account was canceled. I am not aware of... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like the car wash company may have violated your rights by continuing to charge you after you canceled your account. You have already contacted them twice and received refunds, which shows you’ve made efforts to resolve the situation. The company’s failure to permanently cancel your... View More

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