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Georgia Business Law Questions & Answers
2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

You need to visit and consult with an attorney.

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1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Once in default must it go to auction or can I follow the signed contract that says Owner may dispose of the contents?

I have owned a self storage facility in Georgia for years and have never held an auction. Our contract was pulled straight from Ga code title 10-4-213, stating we will dispose of the contents if customer is in default. (We always allow 60 days before sending out certified letters or e-mails... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 13, 2021

Your new manager may be correct. Make sure that you are reading the 2021 version of the OFFICIAL CODE OF GEORGIA ANNOTATED. If you remain uncertain after reading the newest language, you should probably meet with a business law attorney who can assist you in understanding your legal obligations.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: I am a small time handyman, I have a client that refuses to pay on a paint sizable paint job. What do I do?

My employee and myself were 3 days into a 4 day paint job. When at 3 am the 3rd day we ran out of paint. The client told us not to come back. Never paying us a cent.

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

Great question. So long as there was a valid contract and you substantially performed under those contractual obligations, you will likely be entitled to payment and or damages for client not paying you.

Depending on the underlying facts, you could be entitled to damages as well as...
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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Georgia on
Q: Can I be suspended after 1 write up

I was written up for something I did not do and i refused to sign the write up. I questioned my general manager of how I could write him up and he suspended me for a week

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

It is recommended that you check your employee handbook and other policies that you should have been given prior to your employment. However, Georgia is known as employee-at will state, which means you can be fired for any reason or no reason at all, so long as that termination does not violate a... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Georgia on
Q: Is a cotingency fee contract a legally binding contract in georgia

Can a case be assigned to an attorney incorrectly in a law firm be terminated for that purpse alone

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

Contingency contracts are on of many contracts that are legally enforceable in the state of Georgia. They are often seen in personal injury law matters and many of these contracts allow either the client or attorney to terminate or withdraw, respectively. However, the client may owe that attorney... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I am looking for the Statute that designates what financial documents are required to be given to an investor.

My investor is asking, aggressively, for my businesses bank statements and I don’t believe that this is documentation he is entitled to.

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

Depending on what type of investment opportunity you are offering will determine whether state, federal, or both laws apply. If federal, then securities laws outlined in the Securities Act of 1933 and 1934 as well as regulations provided by the Security and Exchange Commission will apply.... Read more »

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Can i sue someone that ripped me off by putting money into there account for a buisness and they took off with the money

They are not giving me my money back out of the account and not allowing me to be apart of it

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

Assuming that this person had an agreement with you to provide a good or service in exchange for your payment, then you likely have a claim against that person. These claims could include but are not limited to breach of contract, fraud, and unjust enrichment.

Depending on the underlying...
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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: Offer with CAVEAT tems Accept, Object, Reject or stand in total agreement...

Legal Notice Provided with a 11 day grace period with riders Offer Letter, Secured Prom Note/ Security Agreement , Note Purchase Agreement, Hold Harmless ..... Regulation D Filing with SEC 506(B) Transaction

Cory D. Raines
Cory D. Raines answered on Sep 23, 2021

Unfortunately, this is not a question and an adequate answer cannot be provided based on what is written and what is lacking. Provide more details and a legitimate question if you would like a response from one of the many qualified attorneys on Justia.

1 Answer | Asked in Criminal Law, Business Law and White Collar Crime for Georgia on
Q: Is it legal for A to sign B's name (in A's handwriting) on a legally significant document & without permission from B?

Later, B is held accountable for the accounting errors in the letter, even though A crafted and signed, and sent the letter without B's permission or knowledge.

Is the significance of the offense increased if this behavior is repeated over and over without permission or knowledge of B?

Joseph Abrams
Joseph Abrams answered on Sep 17, 2021

What you describe would be considered forgery in most jurisdictions, which often can be filed as either a misdemeanor or felony. Yes, generally speaking, repeated conduct can result in additional counts and/or be considered an aggravating sentencing factor.

- Law Office of Joseph Abrams,...
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1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Trademark for Georgia on
Q: I am trying to create a subsidiary brand in Georgia. Where do I do this?

For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

You do not need any more LLCs

You need to register the brands to get protection against others who would want to use the same name

You need to consult with an attorney

1 Answer | Asked in Contracts, Employment Law and Business Law for Georgia on
Q: I owe my salon owner a lump sum that i signed and agreed to pay on august 1, but i don’t have the money yet. What to do?

My kids father and i split up so I’m moving to another city with my kids by force to live with my family. Which caused me a great setback.

Rhiannon Herbert
Rhiannon Herbert answered on Aug 3, 2021

You should reach out to the salon owner and explain your situation. If you can't pay the money owed in a lump sum, it may be possible to work out a payment plan where you pay in multiple installments.

1 Answer | Asked in Products Liability and Business Law for Georgia on
Q: Can a carlot change the down-payment
Cory D. Raines
Cory D. Raines answered on Jul 26, 2021

This question is quite vague and without more, an appropriate response can't be given. However, many contracts have contingencies, so if there was one related to the down payment, then that could cause it to change. For instance, if a car lot agrees to a down payment of $5,000, so long as you... Read more »

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

1 Answer | Asked in Business Law for Georgia on
Q: What happens if you don't file a notice of incorporation when starting a nonprofit?
Cory D. Raines
Cory D. Raines answered on May 25, 2021

First and foremost, if you are planning on operating a non-profit organization or not-for profit corporation you must file the incorporation documents with the Georgia Secretary of State's Office or your the equivalent in you state. Additionally, you will need to file for the non-profit... Read more »

1 Answer | Asked in Criminal Law and Business Law for Georgia on
Q: I was charge but never arrested or finger printed
Melaney LaGrone
Melaney LaGrone answered on May 5, 2021

What is your question? You may have an outstanding warrant, which means you will need to turn yourself in to be arrested and fingerprinted.

3 Answers | Asked in Business Formation, Business Law and Civil Litigation for Georgia on
Q: LLC is joined as Third Party Defendant in a counterclaim lawsuit, LLC is served with process, does LLC have to Answer?

In other words, please confirm if an LLC who was properly served with process to the registered agent (who is not an attorney) by court order, needs to hire an Attorney to "Answer" a counterclaim lawsuit as a Third Party Defendant. And please confirm if there is any Georgia State law... Read more »

Joshua Adam Davis
Joshua Adam Davis answered on Mar 27, 2021

Under federal and Georgia law, a limited liability company must retain an attorney to appear on its behalf and represent it in court.

As always, you should have a confidential discussion with an attorney who can thoroughly explore the facts of your situation, as there is some ambiguity in...
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1 Answer | Asked in Products Liability, Workers' Compensation and Business Law for Georgia on
Q: I am trying to get information on how to become a self-insured company for Liability lines and workers comp.

looking for info to be self insured for General Liability, workers comp, professional liability, E&O etc

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

You really don't want to go there but your state insurance department would be the best place. You will have to post a bond, and you will be responsible for handling all claims and paying all claims.

Note also some companies doing business with yours may want proof of insurance--and...
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