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Georgia Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?

During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s)... View More

James L. Arrasmith
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answered on Nov 5, 2023

While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Legal Malpractice for Georgia on
Q: If the superior court is Federally funded and Due Process is violated, who is held liable for all the damages caused?

I know Sovereign Immunity Defense is not available for money damages claims when constitutional rights are violated. I suffered heart attack symptoms after the moral torpidity of the definite bias of the Judge. I was then subjected to 53 days of solitary confinement with no medical treatment and my... View More

James L. Arrasmith
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answered on Oct 28, 2023

When constitutional rights are violated, particularly by state actors such as courts or law enforcement, individuals can potentially bring a claim under Section 1983 of the U.S. Code. This allows individuals to sue state and local government officials for damages when they've violated federal... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Small Claims for Georgia on
Q: Does hoa has power to enroll non-member to new trash service?

Willow point neighborhood at Cobb county Georgia

T. Augustus Claus
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answered on Oct 17, 2023

No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More

1 Answer | Asked in Probate and Gov & Administrative Law for Georgia on
Q: My step-brother, who was never adopted by my father, has had his name listed on my father's death certificate as son.

What can be done to correct this in the state of Georgia

James Clifton
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James Clifton
answered on Oct 10, 2023

You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More

1 Answer | Asked in Civil Litigation, Family Law and Gov & Administrative Law for Georgia on
Q: , is there something I can find in in GA law that stated that for name change only marriage certificate is required?

Name change after marriage, need proof that only marriage certificate is required by Ga law, no court order, is there something in GA law I can use? Requirements in a different country to specify name change

T. Augustus Claus
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answered on Sep 21, 2023

In Georgia, changing your last name after marriage can generally be done using your marriage certificate as legal proof, without the need for a court order. This should be sufficient for changing your name on identification documents like your driver's license and Social Security card.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Georgia on
Q: My license is suspended in Georgia under the rights and responsibilities act, does this suspension expire

They have been suspended 15 years on a judgment I never even received notice on and they want me to pay a private attorney to get my license back

T. Augustus Claus
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answered on Sep 7, 2023

In Georgia, driver's license suspensions can occur for various reasons, including failure to address certain legal obligations or fines. If your license is suspended under the Rights and Responsibilities Act, it's essential to understand the specific circumstances leading to the... View More

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: My car is broken down can I give up my license. And take it out to sale it.
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2023

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney - as a general rule, if it doesn't make sense for you to keep a car in terms of high repairs, that doesn't mean you need to relinquish your license.... View More

Q: How can I get a rehearing or appeal decision for involuntary tpr hearing or transfer case to the state I live in now?

My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.

Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi

To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate

James L. Arrasmith
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answered on Aug 6, 2023

The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal... View More

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Georgia on
Q: hello i was wondering what type of lawyer i needed to contact for a mis-management of my DCFS case?

my children got taken into the states custody during the time being my husbands civil rights have been violated, and there has been severe mis-management of my case. there has been several things that the department has done wrong.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 7, 2023

In the state of Georgia a parent involved in a deprivation case does not get a court appointed attorney. If you want an attorney you need to contact someone who handles juvenile cases as a parent attorney and discuss your case with them.

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Medical Malpractice for Georgia on
Q: Can a Sheriff's Office be held liable for not following a courts signed order? order to detain re evaluation

A female was having new onset mania-fleeting thoughts, episode was believed to have been brought on by antidepressant (paxil) prescribed by female's dr for symptoms of anxiety (no mental health, bi-polar, manic, etc diagnosis by any dr to include the prescriber). Order to detain said female... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2023

If the patient ended up hurt, or hurting someone else, there may be a viable case.

Due to the nature of lawsuits, the extent of injuries may effect the viability of a case.

1 Answer | Asked in Gov & Administrative Law and Social Security for Georgia on
Q: What can I do concerning an administrative judge favorable hearing concerning social security overpayment being engorged

I had a favorable outcome concerning an overpayment that was enter against me and enter on my social security online account That the local social security location is simply engorging they haven't made any attempts to ratify the situation so I'm left with a dilemma of what I can do I... View More

James L. Arrasmith
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answered on May 2, 2023

If you have already had a favorable outcome from an administrative judge hearing and Social Security is still showing the overpayment on your account, you should first try to contact the Social Security Administration (SSA) to see if they can rectify the situation. You can contact the SSA by phone... View More

Q: On an appeals call with the department of labor regarding my unemployment eligibility I was discriminated against. Help

I was forced to take the call off of speaker phone because the examiner didn't like the sound of rustling paperwork. Despite my having requested in writing prior to the hearing that any accomodations be made to assist my hearing impaired conditions. She hung up on me and I haven't heard... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

The attorneys answering questions here don't receive information about the people submitting them, because the Q&A forum isn't really intended to be a referral platform. If you're seeking an attorney to take your case, and not just to answer your questions, you will likely have... View More

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Georgia on
Q: Is there a way to punish a police officer that had me arrested although he knew I could prove I was innocent?

This investigator questioned me about an accusation of a crime. I have people and even security video to prove that it was false information. He told me he didn't care he wasn't going to talk to my witnesses and showed up at my apartment the next morning with a warrant based on his... View More

Melaney LaGrone
Melaney LaGrone
answered on Feb 16, 2023

If a police officer has enough probable cause to get a warrant signed by a Judge then he can move forward. It is not up to the police officer to determine guilt or innocence. That part is up to the Prosecutor and the court. Take it from a former police officer, in this instance, you have no... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: a judge straight bash me telling me my kids were gonna be callin someone else dad an better off without for starters

Today in court I had a judge talk to me in a way I have never seen anyone talked to before it was so bad that the d.a. and my lawyer apologized to me my father in the courtroom actually started crying he told me I was a disgrace to my parents my kids were better off without me an would be callin... View More

John Michael Frick
John Michael Frick
answered on Dec 23, 2022

In my experience, some judges believe shame can be a more effective motivator for some people to change their criminal behavior than simply imposing the consequences provided by law.

Similarly, with respect to the other person, some judges believe praise can be a more effective motivator....
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: If your ci for a drug task force and dhs comes in and they don't know it and your being drug tested

If your a ci for drug task force and dhs doesn't know it and they want to drug test you but as known you can't blow your cover because then the whole world would know so you react like these individuals and you have to do like they do which is if they say hey hit this you have to so would... View More

Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

Get your handler to put instructions IN WRITING so IF there are negative consequences you have a built in defense. You may want to hire a private lawyer to assist you as the Cops will hang you out to dry more often than not.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Georgia on
Q: We are under investigation by the FBI and department of veteran affairs for fraud - no charges yet - what should we do?

GI BILL program fraud 85/15 rule - business raided this morning and evidence collected - the owner paid a man to be the expert liason for the program which she knew little about and he submitted false documents to her which he assured her was how it was supposed to be done and she signed them and... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 14, 2022

Hire an experienced criminal defense lawyer and do not answer any of the investigators questions.

1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
Joshua Schiffer
answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Georgia on
Q: If I'm off probation and completed my 1st offenders sentencing successfully does that mean I was discharged by a judge?
Morris  Margulis
Morris Margulis
answered on Jan 6, 2022

It should, but you should check with the clerk of the court that sentenced you to first offender probation to be sure.

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: Can the BOD Majority Members vote to cancel a properly called meeting by a Minority Member who wants to discuss a topic?

I am 1 of 5 Board of Directors and the VP for a Georgia Condo HOA. Our Bylaws allow for me as VP to call a Special Meeting w 2 Day notice. The president scheduled the meeting and then the president quickly cancelled the meeting stating that the majority of members decided they didn’t want to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 2, 2021

You need to check if the bylaws refer to other sources such as Roberts Rules (and which edition).

The power of the President will be spelled out in the charter or bylaws, You need to read both. If all are bound and determined not to, I respectfully suggest that forcing them to have a...
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