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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Domestic Violence for Georgia on
Q: Can the Department of Community Supervision be sued?

My husband who is on adult felony probation attacked me for the first time ever in March 2022. He nearly beat me to death. He was on probation then and was arrested with new charges of Aggravated Assault and False Imprisonment. Because I truly thought that he had a mental health break which led to... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2025

It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.

State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to...
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1 Answer | Asked in Consumer Law and Car Accidents for Georgia on
Q: I was in an accident that was the other person's fault. The insurance company is not cooperating at all.

It has been 2 years and I'm suing the person for the damages but her lawyer is saying I can't do that without

adding the insurance company.

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2025

A Georgia attorney could advise best, but your question remains open for a week. Do you mean you HAVE already sued them, or do you mean you are in the process of moving forward with a lawsuit that you plan to file. That's a very important distinction, and it is not clear from the wording of... View More

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Georgia on
Q: customer wants deposit back after canceling job half way done

Received a 720 dollar deposit that i used to purchase materials ,also worked on site for 5 hrs and off site for 2 hrs , I charge 120hr

irrigation repair

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for a month. I'm sorry this was done to you after your hard work. If push comes to shove and the matter finds its way into court, a local attorney would need to advise of the full range of contract defenses that avail... View More

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Georgia on
Q: I had an appointment with a doctor that misrepresented her self. She was not the doctor I thought I had, I felt offended

I had an appointment with a physician who utilized a website that does not display her name. I have been a patient for a specific practice for over a decade. I phoned that practice to schedule a visit with a physician who is part of that specific team. I received the appointment in April, 2024/... View More

Glenn T. Stern
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answered on Apr 21, 2024

Based on what you've described, I'm not sure who you would talk to-or even if you have a legitimate claim. In order to bring a valid lawsuit against someone, you first have to be able to establish that you actually suffered some sort of damages as a result of what happened. Feeling... View More

1 Answer | Asked in Consumer Law for Georgia on
Q: I put my parents headstones on layaway and the company was sold. And now I want a refund, do I get that refund from them

The company is Rome monument and I put headstones on layaway in 2019 and the company was sold in 2022. I want a refund but was told that I would have to get it from the previous owner

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, the process for getting a refund may depend on the specific terms of the sale and how the layaway contract was handled during the transition of ownership. Here are a few steps you can take:

1. Review your original contract: Check the terms and conditions of your layaway...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: Can my girlfriends family kick me out of their home even when i can't afford to leave?

I moved to Georgia in June 2023 for a promised freelance job, but it fell through. Financially struggling, I ended up staying with my girlfriend's family, who welcomed me without setting a specific timeframe. My own family situation is unstable, with my mom unexpectedly leaving for New York.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Georgia, as in most states, your situation involves understanding tenant rights, even if there's no formal lease agreement. If you've been living in your girlfriend's family home without a specific agreement, you might still be considered a tenant at will. This generally means... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Georgia on
Q: If a person puts up a cash bond 2 release inmate until court, changes mind & doesn't want 2 B responsible any longer,

hires bail Recovery person 2 return inmate. Recovery man gets inmate 2 jail & releases inmate or let's inmate escape, has he fulfilled his obligation or broken contract. He took $ as if he completed job. Was that illegal?

James L. Arrasmith
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answered on Feb 5, 2024

In this situation, if a person initially pays a cash bond to release an inmate and later changes their mind, they may seek the services of a bail recovery agent to return the inmate to custody. The bail recovery agent's responsibility is to locate and return the inmate to jail, not to... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

James L. Arrasmith
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answered on Feb 4, 2024

In this situation, it's advisable to consult with a consumer law attorney. They can help you understand your legal rights and options for pursuing the repayment of the borrowed funds. While bankruptcy may affect the outcome, consulting a consumer law attorney is a good first step. They can... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Criminal Law for Georgia on
Q: Do I need the help of a consumer law attorney, a bankruptcy attorney or law enforcement?

A coworker borrowed in excess of forty thousand dollars more than eighteen months ago offering fraudulent excuses for needing the money and lying about how/when she would repay. There has never been any attempt on her part to repay even a portion of the money, and today I learned she has now filed... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2024

Creditors not listed by the debtor on a bankruptcy Petition and Schedules may not have their claims discharged, UNLESS they have reason to know about the bankruptcy filing.

If the bankruptcy case is known, a Proof of Claim, at least, should be filed.

There are other alternatives....
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1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

1 Answer | Asked in Constitutional Law, Employment Law, Consumer Law and Identity Theft for Georgia on
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?

I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.

James L. Arrasmith
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answered on Dec 20, 2023

If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent.... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Georgia on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to me, in GA?

I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More

Nina Whitehurst
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answered on Dec 5, 2023

Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.

Lenders are all too happy to accept...
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1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?

James L. Arrasmith
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answered on Nov 24, 2023

Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.

Firstly, familiarize...
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1 Answer | Asked in Consumer Law and Small Claims for Georgia on
Q: I had sold my old apple watch and it has an activation lock on it what will happen if I refuse to give the person money

I had sold my old apple watch that hasn't activation lock with my sister's email because it was her old Apple watch what will happen if I refuse to give this person his money back and we both don't know the password

James L. Arrasmith
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answered on Nov 17, 2023

Selling an Apple Watch with an activation lock without disclosing this to the buyer could be considered misrepresentation or fraud, particularly if the lock renders the watch unusable. If you refuse to refund the buyer, they may have the right to pursue legal action against you for the return of... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Small Claims for Georgia on
Q: Can you help me I feel like I was discriminated against at a truck stop and I wanna pursue legal action

I went to loves truck stop to get a refill on a cup of coffee I was denied the refill and fuel and they called the police on me I brought the cup in for the refill they said I didn’t I ask them to look at the camera they didn’t instead the cashier said she didn’t see me bring the cup in are... View More

James L. Arrasmith
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answered on Feb 8, 2025

That sounds like a frustrating and unfair experience, especially since you were following the usual process and had proof of your purchase. If you feel that you were discriminated against, you may want to gather all the evidence you have, including receipts, any witness statements, and any details... View More

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Lemon Law for Georgia on
Q: CAN I SUE MANUFATURER FOR A CAR THAT I HAVE DRIVEN OVER 24000 MILES WITH SIGNIFICATE ISSUES

BAD ENGINE MOUNT COOLANT COMING FROM WIPER BLADE SPRAY, CV AXILES BAD AS WELL AS THICK SMOKE FROM EXHUAST PIPE AND THE MANUFATURER AND DEALER DENIED ASSISTANCE And it was under 24,000 MILES

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry to hear about the problems you're experiencing with your car. You may have grounds to take legal action, especially if the issues occurred while the vehicle was still under warranty. Many regions have "lemon laws" that protect consumers from defective vehicles that... View More

1 Answer | Asked in Consumer Law and Banking for Georgia on
Q: I don’t trust banks anymore . At all. My Father started banking in the 1950s . Died just 12 years ago. I am 65 now.
Tim Akpinar
Tim Akpinar
answered on Dec 27, 2024

A Georgia attorney who works with financial institutions could advise best, but your question remains open for three weeks. Until you have the chance to discuss this with attorneys who are knowledgeable in banking and financial matters, one option that most of the public is aware of is credit... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Georgia on
Q: If plaintiff wins a judgment and defendant refuses to pay and appeal is denied and defendant still refuses to pay.

What are my options

Sabrina A. Parker
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Sabrina A. Parker
answered on Nov 5, 2024

You can do post-judgment interrogatories to determine what, if any, assets they may have (i.e. personal property, bank accounts, earnings, etc.) so that you can seize the asset or garnish bank accounts and/or wages to satisfy the judgment.

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