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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: I had a live-in boyfriend who also shared a storage unit with me he ended our relationship and abandoned everything

We were evicted and he lost some of his things now he his threatening too say I stole all his things if I do not give them to him what should I do in this situation. I tried to arrange for him to meet with someone to get his things but he refused I think he's attempting to sit me up to say that I... Read more »

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

If you believe a lawsuit is imminent, it may be best to contact an attorney as soon as possible who can assist you with the specifics of circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Can a business that rents storage units refuse to let you get your belongings? I’m in Georgia
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 25, 2020

Yes, they can for nonpayment. Otherwise, it may be best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: I broke with my ex and we still rent a house together is he allowed to not let me back in the house even if im on lease

He currently pays all the rent and I pay utilities I plan to move the first week of March majority of my items and the rest by the end of March he is saying it is Georgia law that once I move my items out I’m not allowed in

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 23, 2020

If you are still on the lease, you have a right to remain in the home.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Georgia Law on partitions for cohabitatees

Can my Ex partition me out of my home after I put my entire savings down to purchase the home?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 15, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: I have an active Child victims act case in N.Y. Today my lawyer quit and this sabotages my case. That is illegal?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 11, 2020

An attorney may withdraw from a case for various reasons, however he or she should have given you adequate and reasonable notice and should have received your informed consent. Secondly, they would have to submit a motion to withdraw to the court. Since your case is out of New York, you can file a... Read more »

1 Answer | Asked in Civil Litigation and Domestic Violence for Georgia on
Q: If someone is angry and makes the comment of “having a bullet with your name on it”, is that considered a threat?

If someone is angry and makes the comment of “having a bullet with your name on it”, to you or about someone who is family (or common to the family having a discussion), is that considered a threat, legally speaking? Especially if the person making the bullet comments actually has a decent... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 10, 2020

Yes, it is enough. It is best to contact an attorney who can assist you with the specifics of your circumstances. It may also be most important for the individual to obtain a Temporary Protective Order.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: Who would be your recommendation for lawyer in cases against Gwinnett County Court Officers already judicially

determined to have merit and against the Department of Corrections for denial of medical treatment of serious medical condition?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 9, 2020

More information is needed about your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: How many times or how long do courts allow trying to serve someone papers about the court case?

In court cases, what length of time or what number of attempts to serve papers about a court case to someone does the court allow before issuing a warrant or do they just find that person guilty? Updated to add, It’s been about a year of trying to serve papers for a civil matter but has yet to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 7, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible to discuss the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm,...
Read more »

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: Will asking questions here negatively effect an ongoing lawsuit?

Since this is a public forum, will asking questions here, regarding an ongoing lawsuit, hurt the case or either the plaintiff or defendant involved in the lawsuit?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 7, 2020

It should not have any effects since your name and contact information is not made public. However, it is always best to discuss these matters and present any questions to your attorney. If you have not contacted or secured an attorney, it is best to do so as soon as possible.

We are glad...
Read more »

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1 Answer | Asked in Civil Litigation for Georgia on
Q: I am considering taking a neighbor to small claims court to recover resent maintenance costs on driveway that I own

and we share.He does not live at the residence and property could sell at any time.Do not have address where he resides.

Should I use address of the residence off my property for suit or try to find address where he resides. If property sells will this suit

be viable using address... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 4, 2020

If the neighbor does not reside there but receives mail at the property next to yours and you do not have the other address where he can be served, yes you can use the address. However, if the neighbor's property is for sale and can sell at any moment and you want to ensure proper service and... Read more »

2 Answers | Asked in Civil Litigation and Products Liability for Georgia on
Q: My law suite has been on going since 2010, Attorney quit then Judge quit, had to get new Attorney and refile

Now I hear defendants going for summary judgement. Is this usually what happens.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 4, 2020

Yes, this is not unusual. It is best to contact an attorney who can assist you with the specifics of your case as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Georgia on
Q: Landlord sued me for breaking lease due to black mold in residence.

He was awarded only a small amount of what he was asking in court, I sent him checks monthly paying what I could, he never cashed them. He has now ordered my wages to be garnished. How much is he allowed from each pay period?

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

It is best to contact an attorney who can go over the specifics of your case. Without more information, it is difficult to provide you with an accurate answer.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation and Libel & Slander for Georgia on
Q: If a person post on FB —“I hired abc contractor/company and then 3 weeks later cancel project which was still 3 weeks

From start date . This company is awful and before you hire them look at their Yelp reviews “. Is this slander/libel against homeowner ?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 19, 2020

Not necessarily. As long as what you have posted is true, you have not slandered the company. Additionally, if your statement is simply, “ This company is awful and before you hire them look at their Yelp reviews,” then you are protected by the right to voice your opinions (aka right to free... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: Is there a delay tactic that lawyers use DURING a hearing, that is equivalent to a filibuster in the senate?

FYI, I’m not an attorney, so forgive my ignorance. Also, I am not referring to a lawyer asking for a continuance or an extension of time. I have a feeling opposing counsel is deliberately talking in circles for hours on end and running up the clock in order to stall. The hearing has been... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jan 19, 2020

There is not a procedure similar to a filibuster in litigation. An attorney is entitled to a complete and thorough opportunity to examine and cross-examine witnesses. However, this examination should be limited to information that is relevant to the case at hand.

1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Georgia on
Q: Information below

If I have a bank account in my name and my ex is a sub person on the account but her checks are direct deposited to my account and I close the account due to her hacking in and changing all of my information on my bank account where I could no longer get into my account. As well as my emails and... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

It would depend greatly on what you mean by “hacking in” to determine whether you have a cause of action. If she is/was also an authorized account user, she would be/is legally permitted to make changes to the account. However, if she has defrauded you or misappropriated/stolen funds, you may... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
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1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Last year I consigned for a car with my ex. She agreee to pay the monthly car note on it. She ended up totalling it

She has said through text messages numerous times that she was going to set up payment arrangements to pay the rest off. She still owes about 6000 and has not set any arrangements. I am having to try to pay it off so it does not continue to affect my credit. She has recently moved to Michigan. I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Yes, you are able to file a civil suit against her for breach of contract. It may be best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: My name is on a deed and mortgage with my ex. I moved from the home but pay utilities. Can he say I abandoned the house

My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can he... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

He doesn't know the law.

You still have an ownership interest in the property.

Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.

This may cause the house to be sold or to force him to buy you out....
Read more »

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1 Answer | Asked in Consumer Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: Besides a lawyer who can call you contact to make your HOA comply with records requests? I'm 100 disabled veteran.

I can't afford a lawyer, but I believe alot of stuff is going on. And HOA won't comply with requests.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

Given your circumstances, it may be best to contact Atlanta Legal Aid or Georgia Legal Services. Both of these organizations provide legal representation at no cost to individuals who are low income.

Thank you for your service to our country!

I wish you well.

-The Upshaw...
Read more »

2 Answers | Asked in Civil Litigation for Georgia on
Q: What are the laws or steps on a re-adoption where the birth parent re-adopts the child.

I adopted my husband son back in 2013 and now that he is 18 he wants to get his birth mothers name back on his birth certificate and my name off. Is he able to or not?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

More information is needed before an accurate answer can be provided. Legal adoptions require the surrender or termination of parental rights, in this case, of the biological mother. Placing a name on a birth certificate alone would not terminate a biological mother’s rights. In the same way,... Read more »

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