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Georgia Civil Litigation Questions & Answers
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
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.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: How do I answer a complaint?

A contract was signed and broken. A new contract was made, and implemented with automatic payments, then I received a summons.

Glenn M. Lyon
Glenn M. Lyon answered on Dec 8, 2021

Generally, you must file an answer with the court within 30 days of when the summons and complaint were officially served on you. As far as what to include in your answer, that is certainly too complicated for an online Q&A forum. Retain a litigation attorney and they will advise you on how... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Civil Litigation for Georgia on
Q: If my license was suspended, 20 years ago due to failure to pay a judgement, how long can they keep the suspension?
Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

I WOULD ASSUME FOREVER. IF THE LICENSE IS SUSPENDED, YOU WILL HAVE TO APPLY FOR A NEW ONE. WHENEVER YOU APPLY, THE ARREARAGE WILL COME UP AND LIKELY DENY YOUR APPLICATION. PLEASE NOTE THOUGH, I AM PRETTY MUCH GUESSING AS TO YOUR ACTUAL SITUATION. TO PROTECT YOURSELF, YOU SHOULD MEET WITH AN... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: I wanted to ask if a mobile that has only the steps attached, no wheels and axles is it affixed or personal property ?
Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

If the axle for trailer has been removed and the trailer is now "seated," it is considered to be real property (like land, house, etc.) and no longer personal property. You did not provide many facts in your question. Accordingly, you should meet with a real estate attorney to confirm... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Legal Malpractice for Georgia on
Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Nov 4, 2021

Probably not; this was a judgment call by your attorney using the facts as presented at that time. Also, comp is a "no fault" system, and the driver's being high isn't relevant (assuming the driver was a co-worker and not a 3rd party).

2 Answers | Asked in Juvenile Law, Family Law, Adoption and Civil Litigation for Georgia on
Q: Our parental rights were terminated in Juvenile Dependency case. Can our children be adopted w/out our knowledge?

My hubby showed for the TPR hearing, I did Not. Apparently, our rights WERE terminated. He didn't sign any paperwork, and, as I stated, I did not even go. Can our babies be adopted out without even our Knowledge? Also, can we adopt our own kids?!

Regina Irene Edwards
Regina Irene Edwards answered on Oct 28, 2021

If your rights were terminated, the children can be adopted with no notice to you.

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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 Civil Litigation and Small Claims for Georgia on
Q: What do I do

Ex is suing me for items of furniture that belongs to me claiming it belongs to him and for items that have never been in my home and even a cat that he took me to adopt because I rejected him the other day when he came back to my house and I told him to leave or I would call the police

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

Most people in your situation meet with an attorney who can defend them against the lawsuit.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: OK I want to file suit on the state of Georgia for violation of my constitutional rights for self defense laws
Michael D. Birchmore
Michael D. Birchmore answered on Oct 13, 2021

Okay? Did you have a question to ask us?

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...
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 Animal / Dog Law, Civil Litigation and Health Care Law for Georgia on
Q: Does HIPAA apply to veterinary medicine in the state of Georgia?

A friend of a client asked about the client's dog's health condition. A receptionist gave the friend information regarding the dog's health, however the only information given was the diagnosis of the dog's health condition. The client was unhappy that her dog's diagnosis... Read more »

Michael W. Horst
Michael W. Horst answered on Oct 12, 2021

The Health Insurance Portability and Accountability Act (HIPPA) that governs privacy when it comes to human medical care does not apply to veterinary patients. However, Georgia has a statute on point, O.C.G.A. 24-12-31(a) which provides [n]o veterinarian licensed under Chapter 50 of Title 43 shall... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Government Contracts and Personal Injury for Georgia on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 2, 2021

A Georgia attorney could advise best, but your question remains open for four weeks. From the description that's posted, it isn't fully clear what you signed at the hospital while hooked up to IVs. But depending on the ownership of the truck and the circumstances of the accident,... Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Georgia on
Q: Does rigging a random drug test to influence the results violate federal laws?

My brother is a journeyman welder that has been self employed most of his work time. He took a regular 7 to 3.30 w2 type jobs at a concrete company here in Georgia. His supervisor in the plant he was assigned instantly disliked him. He caused several small drama filled instances for him, but his... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 28, 2021

It's "random" in the sense that it was conducted unannounced in advance. You did not tell us what your brother's result should have been. If he didn't refuse, he must have participated in the screen. If he participated, then what was his result?

1 Answer | Asked in Civil Litigation for Georgia on
Q: Can I file suit on an officer who discharged his firearm in my vehicle unlawfully?

I was charged with aggravated assault on an officer and locked up for 3 months until the charges were dismissed due to lack of prosecution

Michael D. Birchmore
Michael D. Birchmore answered on Sep 14, 2021

Can you? Sure. Would you win? Not likely. Still, speak with an attorney if you believe you need to pursue it.

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