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Georgia Civil Litigation Questions & Answers

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 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 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

Timur 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 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.

1 Answer | Asked in Civil Litigation for Georgia on

Q: How much money can an HOA charge a homeowner per month for pets exceeding a weight limit?

My HOA charges $150/ month, and I believe this is far too much. They argue that the fee is high because they are trying urge owners to give the pet away rather than agree to pay the fee. But I love my dog as part of my family and am not willing to get rid of her just because she weighs 18 lbs... Read more »

Samantha A Holloway answered on Apr 30, 2019

HOA regulations are set by the HOA bylaws. If you believe that the fee is excessive, research the bylaws and figure out how the bylaws are changed. Typically, it is done via majority vote of the homeowners.

2 Answers | Asked in Civil Litigation for Georgia on

Q: If I was serviced with a statement of claim and I refused to sign did I waive my rights to make an answer within 30 days

Can the plaintiff seek judgment and proceed to garnish my pay since I refused service

Bruce Alexander Minnick answered on Apr 30, 2019

There are way too many non-lawyers who still believe that they can get out of something merely by "refusing to sign" for something that is very important--to the other side. Rather than asking id you can still answer, you should spend your time answering and preparing for trial.

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on

Q: I was given a Breast Pump and the person that had given it to me is now trying to sue.

I did talk to the investigators at the sheriffs department and they said there is no case due to the fact that it was given, and that I had no obligation to even return the other items, but that I did to end the conflict. They had told me that there is no law on items that were given as the fact... Read more »

Ecleynne Mercy answered on Apr 29, 2019

If it was truly a gift and you have evidence of that then you should be good. Just know she can proceed in filing actions against you, however that does not mean she will be successful. Just because you have proof doesn't protect you from having to deal with it though. Now if she keeps harassing... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on

Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust

Bruce Alexander Minnick answered on Apr 8, 2019

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Georgia on

Q: Judgement filed against me in GA license suspended. Filed chapter 7 what to do now?

Accident was in 2009. Judgment in 2012. When my chapter 7 is discharged this month do i just take my papers to the DDS or will i need an attorney

Timothy Denison answered on Mar 25, 2019

Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.

2 Answers | Asked in Divorce, Personal Injury and Civil Litigation for Georgia on

Q: If messages were illegally obtained and sent to another party, would that other party be liable under this code?

A couple is going through a divorce. Husband broke into her Apple Watch and took pics of messages showing evidence of affair and sent messages to others. My question is are the other parties subject to this same rule (16-11-62) as they did not intentionally obtain the messages themselves.

Regina Irene Edwards answered on Mar 13, 2019

There isn't enough information to answer such a specific question. In general, evidence that is obtained in violation of the law cannot be used in court.

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1 Answer | Asked in Civil Litigation, Traffic Tickets, Criminal Law and Immigration Law for Georgia on

Q: Will a Attorney who specializes in ticket law be all I need to represent me in court although I am a non citizen?

What are the types of Attorney someone in my shoes would need for a no license ? Someone with no prior record, could I represent myself by committing guilt by paying ticket? As a non citizen is it a bad idea to agree to charges will that put me at risk?

Kelli Y Allen answered on Feb 27, 2019

Your status does not affect the criminal proceedings, but might bring you to the attention of law enforcement who could start removal proceedings. Hire a criminal defense attorney to discuss the best way to handle the ticket. If you are brought to the attention of ICE and are referred to... Read more »

3 Answers | Asked in Family Law, Child Custody and Civil Litigation for Georgia on

Q: How do i file a 9-15-14? Can i file against attorney and/or client?

Ellaretha Coleman answered on Feb 27, 2019

In order to prevail on a 9-15-14 claim, you need to be incurring attorney's fees. If you are represented by counsel, you need to discuss whether this is a viable option for you with them. If you are not represented by counsel and believe that the other party has either brought a frivolous claim... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Georgia on

Q: If an office enter a home without a search warrant or probable casue, could he testify and be witness

This office took everything to his advantage there were no arrested nor charges against the defendant. It was the officer whom testified was the only witness

...

David Edward Boyle answered on Feb 4, 2019

Yes, he can always testify. Whether the search was illegal such that the results of it can be suppressed are a different inquiry. I would encourage you to hire a lawyer.

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on

Q: A police report was filed against me, accusing me of yelling and causing a scene. It is false. What should I do?

A business vehicle (vendor for a wedding) was driving erratically through a local public outdoor museum and almost hit my young children. I approached the vehicle and told them to slow down, as they were driving on a pedestrian only area. They told me they weren’t going that fast and nobody was... Read more »

David Edward Boyle answered on Jan 17, 2019

The police report is merely a statement of what the driver told the police. If no charges are being sought against you there is nothing to do.

3 Answers | Asked in Child Support, Civil Litigation and Family Law for Georgia on

Q: Can I sue the Division of Human Services Child support for slander, not giving customer service?

Lying, not giving information in a timely manner, not returning money, not registering a case in a timely manner false imprisonment.

Regina Irene Edwards answered on Dec 5, 2018

No, you cannot sue them.

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1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on

Q: What is the penalty for illegally dumping in a business’s dumpster? First time offense

Ecleynne Mercy answered on Nov 28, 2018

OCGA 16-7-52 makes it unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit.

Under 16-7-53, egregious littering is punishable either as a misdemeanor of a high and aggravated nature or as a felony depending upon type of...
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2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Libel & Slander for Georgia on

Q: If I purchase a car through an auction house and contract with the company to install screens only and:

specifically told him to ensure the company did not put excess miles on my car and he lied to me for over 5 months that the work was being done then finally deliver the car with over 6 thousand miles and maintenance oil and filter light, can I sue them? Who would be good at this at a reasonable... Read more »

William Head answered on Nov 28, 2018

Not the type of case we handle.

Sorry.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on

Q: What options does a losing party have if a Motion to Dismiss was granted based on a claim not raised in the pleadings?

The court made a decision based on the pleadings. Neither party requested a judgment on the pleadings, nor was a hearing scheduled. There was no trial. A Motion to Dismiss was granted based on an issue that was not raised by the opposing party, therefore there was not an opportunity given to defend... Read more »

Regina Irene Edwards answered on Nov 7, 2018

All Motions are to be decided without a hearing unless one is specifically requested, or it's a specific type of motion. If a Motion to Dismiss was filed, and there was no response, then the judge is entitled to grant the Motion and dismiss the case. Most times, it is possible to refile the case,... Read more »

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2 Answers | Asked in Civil Litigation and Family Law for Georgia on

Q: Is a Motion for New Trial proper for a judgment on the pleadings? Is there a law that allows or prevents it?

Regina Irene Edwards answered on Nov 7, 2018

There is no way to answer your question without reviewing the judgment. You should consult with an experienced family law attorney so he or she can review your documents and give you specific advice.

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1 Answer | Asked in Contracts and Civil Litigation for Georgia on

Q: Are all parties' signatures required for an Interpleader case to be filed?

Is there any time limit between the parties signing an interpleader notice to the court and the filing of the document?

Thomas A. Grossman answered on Nov 5, 2018

Assuming that a lawsuit has already been filed, and the plaintiff and defendant have both filed their respective papers (a Complaint and an Answer), and assuming that you are the person who wants to interplead into the action, I am pretty sure that you would have to prepare papers as an... Read more »

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