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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: I own a horse and my barn made a lease contract on her and I never saw or signed a contract, do I have to comply?

I was talking to the manager about leasing my horse. She said she’d be happy to help me out. All the sudden I go to the barn and I’m told I can’t do anything with my horse because she is leased on a contract I’ve never signed or read. She is also making money off this contract which I feel... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 5, 2021

Meet with a contracts/business law attorney and show the contract there. We really cannot provide dependable information to you when we have not read the agreement's terms.

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 Civil Litigation and Probate for Georgia on
Q: my husband passed away February 17th 2021we were separated he was staying with friends and who stole all his belongings

I have receipts I know people that have bought the stuff and I know the stuff was there my daughter went in and seen it after he passed away she was not allow me in the house.

Michael D. Birchmore
Michael D. Birchmore answered on Mar 17, 2021

I am very sorry for your loss. We hear of this type situation frequently. You can report all of this to local law enforcement, but I am thinking you may already have done so and not gotten much encouragement from them.

Unfortunately, unless there is plenty of specific information (video,...
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1 Answer | Asked in DUI / DWI and Civil Litigation for Georgia on
Q: How can a Sheriff Dept. Not have a Breathalyzer machine then say you refused one?

Get Started

I received DUI and on the ticket it stated that a test was administered then in the remarks it states I had refused all testing. At the scene I asked for a breathalyzer. None of the 3 units had one. I was then brought to the station and I asked again for a breathalyzer and was... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 17, 2021

You are in a situation that cannot be fixed online. You need to retain competent counsel now to address your DUI case. You should not wait either. DUI cases have timelines.

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for Georgia on
Q: My fiance died. We lived in the home together but his mother is cosigner. She stole our bed and won't let me have it.

What do I do to get it back? He died in that bed with me.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 15, 2021

My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: Who gets the benefits for Covid relief and dependent tax credit due to custody change in year 2020. See more details!

My ex ended up claiming the kids on taxes and received all the COVID relief money 1st, 2nd, and it looks like the 3rd. Below is the history and im looking for who is the rightful owner of this. Also Ive tried discussing it with the other party several times and the reply i get is "not up for... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 8, 2021

If you have primary custody, you can claim the children as dependents. You can't do anything about the COVID relief money. If your ex owes you child support since September, you can file a contempt for that.

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1 Answer | Asked in Civil Litigation and Employment Discrimination for Georgia on
Q: Security officer at my job taped me for his own personal use without my permission. And also created a youtube page .

What can i do?

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

The immediate thing you can do is to notify your employer. If this security officer has done it to you, chances are he is also doing it to others.

I will try to place your question to a category that might provide more responses for you.

1 Answer | Asked in Banking, Civil Litigation and Small Claims for Georgia on
Q: Can you get prosecuted if someone ask you to route their money to your account and you keep it?

My boyfriend was incarcerated and wanted me to bail him out. So he gave me his account info to route to my account. His grandfather actually got him out the day before the money posted and he immediately went and used heroin. Which he promised he wouldn't. So now the money has cleared and is... Read more »

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

The phrase "If it walks like a duck; it's a duck." certainly applies here. If you truly believed it is okay to keep the money entrusted to you for another purpose, you would not be online asking your question. Of course it doesn't belong to you. What would justify you keeping the money?

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Federal Crimes for Georgia on
Q: Doctors mutilated my genital area and my organs to remove trocars doctors left

Never been told I was operated on. I was to have cystoscope and was discharged with same. Pathology can’t find anything on me. My flesh and instruments must have left the hospital. No doctor will help me heal not even hospitals. Please help me.

Tim Akpinar
Tim Akpinar answered on Feb 12, 2021

A Georgia attorney could advise best, but your post remains open for a week, and it sounds like you are in need of medical attention as well as legal guidance. I'm very sorry for your ordeal - you should reach out to Georgia medical malpractice attorneys (see the tab above "Find a... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: How do I file a mandamus on a Georgia Supreme court that rules contrary to US Supreme Court decision concerning Brady.

Georgia made a decision in Davis v. State affirming his conviction due to star decisis in Hines v. State, 249 Ga. 257 (1982), concerning Brady. Since that decision the US Supreme Court have stated that impeaching evidence which must include evidence that the police did not turn over to the... Read more »

David Edward Boyle
David Edward Boyle answered on Dec 17, 2020

You would file a petition for cert with the U.S. Supreme Court challenging the ruling of the Ga. Supreme Court. It is discretionary with the US Supreme Court to take the case.

1 Answer | Asked in Medical Malpractice, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: when your incarsarated and under the care of a contracted medical staff are they reliable for the cost of outside

medical treatment ordered by the jails doctor

Tim Akpinar
Tim Akpinar answered on Dec 5, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the health care system in place. In some states, inmate medical care is covered by state or municipal health agencies. In others, it could be covered by third-party private... Read more »

1 Answer | Asked in Child Custody, Civil Litigation, Family Law and Legal Malpractice for Georgia on
Q: Are GA deputy sheriffs authorized to administer legal advice to the public?

And if so... to what extent?

Ellaretha Coleman
Ellaretha Coleman answered on Nov 1, 2020

Only licensed attorneys are authorized to give legal advice to the public.

1 Answer | Asked in Civil Litigation for Georgia on
Q: If a current ex-fiance has given me gifts am I required to return them in GA?

We dated a year he's harassing me he wants everything back that he gave me ever. Even the FM radio/CD player that I enjoy so he can punish me he definitely ain't in need of it. My weight is in the 300 range and he has said hurtful things about my weight and he is obese also. He is a wolf... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

No, you are not required to return gifts. You own the property as of the moment he parted with possession.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: A guest at a hotel has my property & refused to pay the hotel. The hotel won't return my property to me. What to do?

He had a musical instrument in the room. He has now left without paying. The hotel owner has taken it home and will not return it to me until the guest pays his bill. What do I do?

Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

You may sue for replevin -- the return of the property.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Georga law , Attempted battry on senior, is this still on the books ???
Seth Meyerson
Seth Meyerson answered on Oct 7, 2020

Yes, attempted battery on a senior is a more serious crime that on a non-senior.

GA Code § 16-5-20(e) (2019): "Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high...
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1 Answer | Asked in Civil Litigation, Contracts and Products Liability for Georgia on
Q: can a used car dealership sign an e contract on my behalf and without my knowledge and without my consent?

Shouldn’t I have been able to agree to my e-signatures by wet ink agreement or email correspondence prior to e- contract upload?

In addition, is it possible to e-sign a contract without an signature pad or access to the dealership’s computer?

Thank you

Seth Meyerson
Seth Meyerson answered on Sep 28, 2020

If this is true and you can convince a judge, then the contract would be unenforceable.

E signatures are good signatures so long as valid.

What is Possible is an excessively big space.

2 Answers | Asked in Civil Litigation for Georgia on
Q: If the company sends a letter requesting restitution, is paying that amount my best option?

I was charged with theft by taking, I bonded out. I received a letter from the attorney for the company, requesting I pay restitution.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 28, 2020

If the case is still pending, you may still face legal consequences in criminal court. The attorney for the company could sue you civilly for the restitution.

We wish you well.

-The Upshaw Law Firm, LLC.

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1 Answer | Asked in Civil Litigation, Criminal Law, Landlord - Tenant and Small Claims for Georgia on
Q: I was jumped by 2 Customers and Employee. Can I sue the company?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

The answer to your question depends on the details surrounding the incident, and without more information, it is difficult to provide you with a definitive answer. For this reason, it is best to contact an attorney who can assist you with the specifics of your circumstances.

We wish you...
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1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Georgia on
Q: Can I sue for significant loss of bowel and bladder functions if I was never told about a bowel obstruction that rupture

During multiple attempts to get help for abdominal pain at an emergency room I underwent several emergency surgeries because of an infection in my abdomen at one point the same doctor said he reviewed all of my previous visits and told me I had a gynecological problems that would result in me... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. I'm not clear as to whether you have been trying to have local doctors look at your records for diagnostic and treatment purposes, or for evaluation of a potential med mal... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Ok about two years ago i purchased a car now the car had not yet been registered but did have liablity insurance. Well

Long story short lost the key and the car was hit while parked and some one had canceled insurance policwbreport was filled havebit hward a thing what to do?

Tim Akpinar
Tim Akpinar answered on Aug 31, 2020

A Georgia attorney could answer best, but your question remains open for five weeks. Since your own policy was cancelled, you would need to look to the policy of the other vehicle for coverage of property damage. Good luck

Tim Akpinar

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