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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: How can I make my apt complex pay for my shattered windshield? Their employee dropped a bag of trash on it.

Employee dropped a bag of bath tiles onto my car. Apt complex filed a claim w their insurance company, who have agreed to pay, yet can't tell me when they will pay. ??? What can I do?

Michael W. Horst
Michael W. Horst
answered on Aug 20, 2022

It sounds like your issue is more with your apartment complex's insurance company than the apartment complex itself. Here are your options:

1) You could file a law suit against the apartment complex and the employee who caused the damage. That would certainly move your claim along...
Read more »

Q: Can i get an attorney to sue a record label for copies of my catalog & portfolio without a copy of my contract?

Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Georgia on
Q: If an attorney claims a retainer is not refundable, what happens to the left over money not used?
Regina Irene Edwards
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Regina Irene Edwards
answered on Jul 12, 2022

If a fee is nonrefundable, there isn't anything "left over" and the full fee is earned by the attorney when paid. When attorneys accept a case, they immediately start working on its, and they are precluded from representing any adverse party to the client. They are allowed to... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for Georgia on
Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?

Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: What technology do lawyers use to communicate with clients, present evidence to clients, and update them in real time?

We're developing commercial technology to absolutely remove or reduce legal paperwork, real time effortless evidence and detail updates between client/lawyer cases, real-time rapid case communication between lawyer/client. Overall simplifying client/ lawyer interaction and courtroom litigation.

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Nationwide, the tried and trusted methods are phone, email, and regular mail. However, law firms can operate differently from one another in terms of embracing technology. There are offices that still use faxes,... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Georgia on
Q: How long does one have to file a whistleblower suit against a government agency?

In the State of GA - How long does one have to file a whistleblower suit against a government agency?

Kimberly Grant
Kimberly Grant
answered on Jun 20, 2022

A whistleblower action must be brought within 6 years after the date the violation was committed.

Kim

1 Answer | Asked in Civil Litigation for Georgia on
Q: I was molested in 1989 at age 5 by my, at the time, 15 yr old cousin. Can he pay for his crimes or is it too late?

I never said anything or pressed charges because I didn’t want to burden my aunt and uncle and I was ashamed. I always figured it was too late to do something. When I found out that there was another victim and that the offender is still infatuated with children per his Facebook page, I felt the... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 9, 2022

In the civil context, because the abuse occurred before July 1, 2015, you would have had to file a civil lawsuit on or before your 23rd birthday. See O.C.G.A. section 9-3-33.1. Thus, any civil claim will likely be time barred.

In the criminal context, prosecution would have had to occur...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: Hello. Cam a lawyer please help me.with my case? I want to sue but do not have funds to pay up front. God Bless.

Hello. On 1-3-2022 I was pull over for non-working brake lights (pre-video evidence,they work) 12 broken ribs and lung collapsed and multiple dog bites as well as getting hit by the officers and they admitted to striking in police report. I need help please.

Kimberly Grant
Kimberly Grant
answered on Jun 8, 2022

An attorney probably needs to know more about the facts, before they can agree to represent you. They will want to know if you complied with the police requests or if you were the aggressor. They would likely want to know if you were under the influence of any medications at the time. There are... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Georgia on
Q: What type of attorney should I seek for housing discrimination that is not a protected class under the fair housing law?

I was discriminated against in Georgia based on source of income but this class is not protected under the fair housing law in GA. Is it a personal injury attorney I should seek?

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Personal injury attorneys tend to deal more with physical injury matters involving insurance. You could search for attorneys with experience in civil rights and housing discrimination. It looks like you're... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: My brother was hit by a car running from cops. Can the officers be held liable for injuries caused by this incident

The officers didn't radio it in or try to stop the hit and run

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 30, 2022

This question brings up Qualified Immunity, which is a defense under which cops are immune from civil suits for violating constitutional (i.e. arguably your brother's 4th amendment unreasonable seizure right and possibly an excessive force claim) and statutory rights in the course of... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I was storing an antique coffee table (amongst other things) in my ex father in laws basement.

when i recovered my property the table was not there, he gave it to his stepson and they will not return it what can i do?

Michael D. Birchmore
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Michael D. Birchmore
answered on Mar 28, 2022

Honestly? Probably chalk this up to an experience to learn from. When you no longer had the family connection ("ex" father-in-law) you should have removed everything from the house immediately. You could sue them of course, but then you would only get the table if you won. On the... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Hi, I fired an attorney and the attorney falsely represented me two months later at a deposition I never knew about.

The attorney lied on me in the deposition and it hurt my civil case in which I was a victim of a car accident. He has had a close relationship with the opposing counsel the whole time and left me hanging since I didn't take a low ball offer. After firing the attorney, the lawyer then lied to... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to attorneys to discuss the file and figure out its disposition in terms of the motion you describe and other issues. It would be difficult for attorneys here to reach... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Partner Financed vehicle, allowed me to make payments for 8 months. Without reason, came and reclaimed vehicle.

Refuses to return the vehicle and continue to deal, and refuses to give me any money back that have been paid into the vehicle. It was financed in their name. Verbal agreement on me keeping the vehicle and making payments.

Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

Since there is no written contract about the essential terms of you all's verbal agreement, then much more information will be needed to better answer your question. Whether there are any written communications (text messages, emails, etc.) that indicate an understanding between you all. I... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: My in-laws live on my property and share my well. I turned the water off to their home. Can I legally do this?
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 24, 2022

If they are considered tenants, no. That would be a wrongful eviction. It is also a criminal violation.

If you want your in-laws gone, give them notice to vacate in accordance with the law. If they don't leave, file for an eviction.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Does the one party consent law allow me to record my wifes conversations I am not a party to.

Can I set up a voice activated recorder to hear what she says when I'm not around.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 31, 2022

The One Party Consent rule means that at least one (1) person to the conversation must know of the conversation being recorded. If only two (2) people are involved in the conversation, then one of the two must know of the conversation being recorded. Given that you won't be a party to the... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Litigation for Georgia on
Q: If I paid a retainer in 2020 and atty didn’t tell me she rep the def prev. Will she have to pay it back?
Robbie Levin
Robbie Levin
answered on Jan 25, 2022

You should discuss it with your attorney.

1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Is it illegal to serve process on a 15 year old?
Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: How does the lemon law work for used vehicles

We (My wife and I) purchased a vehicle from a dealer and when we bought it the check engine light was not on. We bought the vehicle in TN and drove it to Ga. Before purchasing the vehicle we told the salesmen we needed emissions done in our state. He told us that her does not due emissions. We got... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 13, 2021

The GA Lemon Law will not help you here. The GA law is available only on brand new vehicles. Also, as you bought the vehicle in TN, you must look to the TN law(s) for your remedy if one is available.

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