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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: if a guest refuses to sign a lease, what should I do to get them evicted

Ex gf does not want to leave and does not want to sign lease rental agreement (month to month). what are my options? she has called the cops because I had to break in my basement (keys locked inside) and she has destroyed some of my personal property.

Anitra Walker
Anitra Walker answered on Sep 26, 2019

Although your ex-girlfriend has not signed an actual lease, because she is living in the property, a tenancy at will has been created. You will need to give her a 60-day notice to leave. If she remains after the 60th day, you can file a dispossessory (eviction proceeding) in the county in which... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: I was drugged and raped in foster home. I was ignored by child protection services what are my legal rights to justice

I reported the abuse to Cherokee County Georgia's child protection services caseworker. Who ignored it. I ran away short time later in fear for my safety because the caseworker told the foster parent I told her about the abuse,which got worse because of that. I was punished and thrown in juvenile... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

Foster parents are considered state employees for purposes of the Georgia State Tort Claims Act. OCGA § 50–21–22(7). However, OCGA § 50-21-24, provides that, "The state shall have no liability for losses resulting from: ... (7) Assault, battery, false imprisonment, false arrest, malicious... Read more »

2 Answers | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I live in Walker County,twice in three weeks a police officer has knocked on my door. How can I find out why?

Is there a way to check for a warrant without calling the PD?

William Jaksa
William Jaksa answered on Sep 17, 2019

Check with the local courthouse and see if there is an outstanding or open warrant? The best way is to call the police or retainer a lawyer to make the call for you.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for Georgia on
Q: Can I file a claim for being incarcerated for a fraudulent indictment

Will a attorney take my case if I have strong grounds for a law suit claim

Gary Kollin
Gary Kollin answered on Aug 31, 2019

Only one way to find out. Consult a lawyer directly

1 Answer | Asked in Federal Crimes, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: If a child is drugged and raped by foster parent and neglected ignored and overlooked by child protection services and

My name is Daniel Huertas and I really need your help for the past 20 plus years the Cherokee county Georgia courts and CPS have violated neglected and ignored my rights Not only am I a sexual abuse surviver drugged and sexually abused by a Cherokee county Georgia foster parent Sherri Jo Wilkes in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You have a case but you also have a statute of limitations issue. Contact the Ga. Trial Lawyers Assn and ask for the names of attorneys who have or are handling priest abuse cases.

They know the exceptions to statute of limitations but suing the state is always an issue because of...
Read more »

1 Answer | Asked in Bankruptcy and Civil Litigation for Georgia on
Q: Need legal documentation

I need to submit a Motion to Reopen Chapter 7 case that has been discharged over a year to Vacate a Judgement lien on property that had a judgement on before I filed Chapter 13. I converted over to chapter 7 after the POA matter came up again and had it listed in my bankruptcy. The amount they... Read more »

Timothy Denison
Timothy Denison answered on Aug 14, 2019

You will have to file it in the bankruptcy action in which the discharge was granted.

1 Answer | Asked in Civil Litigation for Georgia on
Q: My mother in law passed away and my brother in law was her power of attorney. He has not probated. How do we do this?

How do we probate the will. He did not even notify siblings of the death. He has removed everything from her house. How do we get answers to my mother in laws estate?

Tim Akpinar
Tim Akpinar answered on Aug 9, 2019

I'm very sorry for your loss. You could try reposting your question in the Probate and Estate Planning sections where an attorney who is knowledgeable in this area could have a better chance of noticing it. It was probably overlooked all this time in the Civil Litigation section. Good luck... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I was over paid by my job 30000$ at the time I was in financial hurricane and used the money this was2017 2019 arrested

For theft by taking I recieved a letter saying pay 15k 1rst month 10k 2 month and 5k 3rd month I was fired ant last 2week checks was took

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 31, 2019

That's interesting but you haven't actually asked a question.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: Can I go after the franchisor if an officer of my corp. fraudulently encumbered my business?

This action arises from the findings of the court AFTER A Divorce case: Wife (an officer only) alters corp docs, tax returns, shares, etc. of my business and then executes a franchise agrmnt as "100% shareholder" with big company - third party w/o my knowledge. (all clearly stated in final decree... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 14, 2019

You can try but it's going to be difficult and without all the facts, which you should not reveal on a firum, it's impossible to say whether it would be worth pursuing. I would suggest that you look for an attorney to help you go through the documents and gather any evidence that exists and... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on
Q: If I have a ring that was sold without my knowledge.

My mom's ring was lost and construction workers found it. Without knowing they took it home cleaned it up and sold it. I learned of this on social media. One of the guys wives made contact with buyer who agreed to sell it back. Also was told ring was much more valueble after having it appraised.... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Jul 13, 2019

It is only a crime to buy stolen items if a person 'knew or should have known' the item was stolen. The crime is called Theft by Recieving.

1 Answer | Asked in Business Formation and Civil Litigation for Georgia on
Q: I took my son into a haircutting service and They called him autistic (which he is not).

She had NO right to call my 2 year old son autistic and I feel like justice needs to be served. I have one witness for when I spoke to the manager who refused to give the corporate HR phone number and my son IS NOT autistic. Even if he was it ISNT her place to diagnose my son at a hair salon. This... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 12, 2019

The phone number for customer service is 1 (800) 473-2825.

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Litigation for Georgia on
Q: I live in an HOA Iam enduring harassment and nuisance behavior. My HOA won't help

This lady and her family bring her dogs to my home to do their business specifically in my yard even after I've asked them to stop.

Paula J. Mcgill
Paula J. Mcgill answered on Jul 8, 2019

You can bring a civil action against her for nuisance and trespass.

If you haven't already done so, send a cease and desist letter or hire an attorney to do it. You can use that letter in court if she continues her behavior.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Has the law changed o.c.g.a.9-14-43 the first time I understood it to say to be filed in the county I lived .

That didn't work. Judge told me to send it to the county of my conviction.i did ,now it was sent back . stating file it in the county I was incarcerated in. Who is right?

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

The Habeas petition must be filed in the superior court of the county in which the petitioner is being detained (in prison).

Ga. Code Ann. § 9-14-43 (West)

1 Answer | Asked in Civil Litigation for Georgia on
Q: Lawyer of person I am sueing filled a discovery with court I didn’t received. I have a proof that I was out of country

They said it was delivered to me to answer but I have proof I was flying inn that day from Europe and was at home late at night. Is it falsifying documents form that lawyer side ? Can I use it to show how unethical defendant it ?

Paula J. Mcgill
Paula J. Mcgill answered on Jun 24, 2019

How did the attorney say it was served, hand delivery, mail, etc.?

If the attorney said it was hand delivered to you and not to your address, you will be able to dispute it by showing you were out of the country. Demand the attorney show how it was served.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I got a ride from a friend in 2017 to go buy me a car and we were pulled over they searched the car a found drugs weapon

The took money from me and I had nothing to do with what they found they sent a letter pursuant to ocga 9-16-11(b) so just this past Monday the driver of the car went to court and told the truth that i didn’t know anything about what was in his car how can I get my money back

Ecleynne Mercy
Ecleynne Mercy answered on May 20, 2019

After the law enforcement takes your property, the State must file a civil forfeiture complaint against you, with notice. You then have 30 days to file an answer to the complaint. Once your answer has been filed, a hearing will be scheduled within 60 days. It is important to timely file an answer... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: It's day one of moving into my new rent house and I'm seeing roaches. Is it the landlord's responsibility or mine?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 20, 2019

It depends on the terms expressed in your written lease. Most apartment buildings provide pest control, while most stand-alone homes, townhomes and duplexes do not. Read your lease.

1 Answer | Asked in Civil Litigation for Georgia on
Q: In what professions is an expert required by georgia law
Tim Akpinar
Tim Akpinar answered on May 9, 2019

Your question remains open for four weeks and is really something on which a Georgia attorney could provide the most meaningful input, in terms of Georgia law governing procedure and evidence. However, as a general matter throughout all jurisdictions, the use of experts is usually dictated by the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I allowed a friend stay with my family for 6 months with the verbal understanding. She has left her belongings. Help

She has the key and alarm key fob for my home. Her belongings are taking up space. We have no written lease. She refuses to return phone calls or text messages. We have no way to communicate with her. How do we get her out of our home?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 1, 2019

Verbal understandings regarding anything to do with real property--including rent--are unenforceable; neither she nor you is bound by whatever was agreed. However, to protect yourself I would change all the locks and start legal eviction proceedings.

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