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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Real Estate Law and Consumer Law for Georgia on
Q: RESUBMISSION: What do homeowners do when HOA covenants aren't enforced and even some Board members refuse to comply?

We have lived in our subdivision for 18 years, and it is an uphill battle to see that the covenants are enforced. Examples of non-enforcement include boats and trailers parked on the properties, vehicles parked in the yard, trash/recycling cans showing from the street, yards not kept up, overnight... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 1, 2021

HOA issues are so common everywhere. Either the HOA is too overbearing or it isn't involved at all (like yours). At this point, trying to speak with somebody, or rallying the neighborhood just isn't going to work. IMHO you must now seek legal assistance. Accordingly, I urge you to... Read more »

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Georgia on
Q: where to file civil suit against a store in cobb cty that lost my $5k machine. They're registered in Augusta.

Due to the store manager's negligence or carelessness they actually gave my machine to another customer and claim they can't get that customer to bring it back. Evidently we both took our matching machines in to be serviced at the same time. They refuse to replace my machine with a new... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 1, 2021

Make sure that you are actually dealing with a c o r p o r a t i o n and not simply a "business." Corporations are actual legal entities that have been registered with the GA Secretary of State. Note that OCGA 14-2-510 addresses actual corporations. Registered with the state. Not just... Read more »

1 Answer | Asked in Consumer Law for Georgia on
Q: Is it Theft by Taking if a merchant increases a price on service after the service is complete & won't give up device?

Brought 5 phones to be repaired. Paid the full amount when dropped off. When it was time to pick up last phone, merchant increased amount to over $200 even though no additional repairs were incurred. Employee stated that he made an error in the original amount. If I would have been given the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

Tell them to give you your phones. If they don't call the police on them.

2 Answers | Asked in Consumer Law, Copyright and Trademark for Georgia on
Q: Does "Ew, David!" infringe on the trademark "EW DAVID" ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 13, 2021

Yes it does

do not use it

consult with an attorney

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1 Answer | Asked in Land Use & Zoning, Consumer Law, Products Liability and Small Claims for Georgia on
Q: What does one do?I purchased 16 14kt yellow gold, ,detachable grill for 1,700 dollars, and its not real or 100% 14kt?
Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter, the least costly route is usually to try to resolve the matter with the company's customer service. If that isn't possible, then you have a few options, such as hiring an attorney to... Read more »

1 Answer | Asked in Consumer Law for Georgia on
Q: Do I have a case against an auto dealership that repossessed my auto due to a mistake on their part.

They come picked up my auto without written notification. The payments were current, but they lost the payment. I have proof of payment

Joshua Schiffer
Joshua Schiffer answered on Nov 11, 2020

Yes you do and it may be good. It all depends on the circumstances. Please feel free to email me at Josh@csfirm.com with the details and I can point you in the right direction.

1 Answer | Asked in Consumer Law and Products Liability for Georgia on
Q: Good Afternoon, I work for a carrier company and Freightliner is not complying with truck warranties.
Tim Akpinar
Tim Akpinar answered on Sep 7, 2020

A Georgia attorney could advise best, but your post remains open for three weeks. It would be difficult for an attorney to advise based on these brief facts. An attorney might need to see any denials of claims, the written warranty, repair(s) or defect(s) that form the basis of your company's... Read more »

1 Answer | Asked in Consumer Law for Georgia on
Q: How can stores require that I wear a mask with these laws in place. How can I do this without breaking the law.
Paula J. Mcgill
Paula J. Mcgill answered on Aug 20, 2020

Stores are private property. They can require customers to wear certain things to enter their store.

Before the pandemic, you saw on certain store doors, "NO SHOES, NO SHIRT, NO SERVICE" It's the same concept.

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Real Estate Law for Georgia on
Q: What rights do i have renting a room in a private residence?

We had entered an agreement that i would be working from home and now its been 2 months of heavy loud construction here and my quality of life has significantly diminished. Also ive recently found out i likely have a disability being unable to process high volumes of sensory input and before the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 2, 2020

I'm sorry for your ordeal. A Georgia attorney would be in the best position to advise, but your post remains open for two weeks. The things that you describe, in terms of construction noise or clocks, are really more in the territory of a landlord-tenant attorney than a personal injury... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Georgia on
Q: If I rented an apartment... Got approved...moved in... And 3 days later landlord said I have to leave without eviction

Background showed a felony.... Can they do that or will a judge have to order the eviction

Anitra Walker
Anitra Walker answered on Mar 30, 2020

You will need to closely review your lease to determine what type of notice is required by the landlord. If they provide the notice per the lease and you refuse to move then they will have to file a dispossessory action (eviction) in the county in which the property is located.

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Products Liability for Georgia on
Q: Someone opening accounts in my name
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 8, 2020

It may be best to freeze your credit, alert your creditors and if you know who they are, file a police report.

I wish you well.

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

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2 Answers | Asked in Consumer Law for Georgia on
Q: Can I get a refund on a down payment made for a head stone at a unmarked grave in a Colorado cemetery.

The close family of the man buried there does not want a stone to mark his grave. My wife did not know that at the time and did not know how to contact any close relatives still living. Her mother was the one who wanted the stone marker and it was to be a gift to her.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 6, 2020

You would need to discuss the viability of any claim against a Colorado cemetery or grave marker retailer with an attorney licensed on Colorado.

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1 Answer | Asked in Banking, Consumer Law and Criminal Law for Georgia on
Q: I paid a company with cashiers check in Atl, GA. I received signed paid receipt. Vendor says check was stolen.

I canceled the cashiers check. Before I could pay them, they went to the moving broker and got my debit card information (unauthorized) and charged the amount the next day.

Is that misappropriation of funds or do I just need to reissue? I’m concerned that this is fraud and identity theft.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 20, 2020

It sounds as though the moving broker acted negligently towards you. If you have never authorized them to release your credit/debit card information to this 3rd party, this may be a case of fraudulent use of credit card or another offense. It is best to consult an attorney who can assess the merits... Read more »

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 Consumer Law, Contracts and Family Law for Georgia on
Q: I'm the primary on an auto loan my boyfriend was the cosigner when we broke up he took the truck as I am the primary

Owner how can I get my truck back he pays late every month

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 30, 2019

More information is needed in order to provide you with a detailed answer. In general, if you are the primary on the loan, meaning it is your name on the loan documents and not his, repayment of the loan is ultimately your responsibility, and he is not entitled to the vehicle. However, if your... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Georgia on
Q: My bankrupt was dismissed I 1/13; however I have been awarded a settlement from a class action law suit. My file is now

My file is now in the office of the bankruptcy trustee... I don’t understand.. the two are not connected.. is there anything I can do? I’m on disability due to multiple medical challenges and would love to have a little bit of light in my life before ... well.. I go

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

It is best to contact a bankruptcy attorney for assistance.

I wish you well.

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

2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
Read more »

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1 Answer | Asked in Consumer Law for Georgia on
Q: What if A creditor cannot serve you papers? Can your wages still be garnished?
Paula J. Mcgill
Paula J. Mcgill answered on Dec 2, 2019

If the creditor can't serve you in person, he can seek service by publication. If that is granted, you will be deemed served in accordance with the law.

If you don't answer the service by publication, the creditor can seek a default judgment. If the judgment is granted, your...
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1 Answer | Asked in Consumer Law for Georgia on
Q: Who actually owns the vehicle. State of Georgia, or the titled owner?

Online lawyer claims under commerce law, the state owns it n d title only grants use

Joshua Schiffer
Joshua Schiffer answered on Nov 4, 2019

Thats what you get with an "online lawyer." Title is proof of ownership however the title is also something that can be encumbered by a financial instrument.

Google "2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 3" and you will find all the law care...
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