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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Georgia on
Q: My son received a phone call from a courier service to serve him papers to go to court concerning an old credit card

It was from 2015 and has a lot of added interest and fees and they are saying they are going to garnish his wages. He doesn’t remember ever having this credit card and I am wondering if this is even legal or possible

James W. Hurt Jr.
James W. Hurt Jr.
answered on Jul 14, 2022

If your son resides in Georgia, then the statute of limitations on a credit card debt is 6 years. This debt should be beyond the statute of limitations. His wages cannot be garnished unless and until the debt collector gets a judgment against your son. He would first have to be served with a... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: I moved out of an apartment and my landlord is charging me for a stove that caught fire when cleaning team cleaned it

The property management company is charging me for the carpet to be replaced, the walls to be painted, hauling off trash or unwanted items that I moved to the curb for trash pickup...I lived in the apartment for approximately 5 1/2 years. I am asking if these charges are legit? I was under the... Read more »

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 7, 2022

It is not standard for the landlord to pay for carpet and painting when a tenant moves out.

However, whether you are responsible for a portion of the carpet replacement will depend on the condition of the carpet when you moved in, the condition of the carpet when you moved out, and the...
Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Identity Theft and Internet Law for Georgia on
Q: A major US retailer has a bug on their website that exposes customer info. What are my options here?

I’ve contacted the retailer and they took 27 days to respond to my email and they said they opened an investigation. They seem to not be in any rush with this.

I would like to stress that this is a MAJOR US retailer.

Other customers’ information just started popping up into my... Read more »

Kimberly Grant
Kimberly Grant
answered on Apr 23, 2022

You very well may have a claim for this data breach which could result in compensation to you. A complaint would likely need to be filed against the retailer in order to make sure the flaw in their software is fixed. You should contact a lawyer in Georgia as soon as possible to explore this matter... Read more »

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: In Georgia, does responding to a collection notice by denying the debt reset the SoL clock for the debt?

Charter has sold an account of someone with my name, but living in a different state, that I've never lived in to collections agencies. I've disputed it multiple times and with all three credit agencies, but several months after dealing with one collections agency, it come back from a... Read more »

James W. Hurt Jr.
James W. Hurt Jr.
answered on Apr 13, 2022

Disputing the debt will not reset the statute of limitations. You should send a letter disputing the validity of the debt and explain once again that it is not yours and you have never lived in the state where the debt allegedly was incurred.

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 8, 2022

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Child Support for Georgia on
Q: I need to have a lien filed for child support arrears balance exceeding $25k in Cobb County.

Need help finding an attorney that can help get a lien filed against non-custodial parent real estate property in Cobb county, ga. I’m

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 3, 2022

Have you reached out to any Cobb County attorneys to see if they can help you with your case? Start there and have a consultation.

1 Answer | Asked in Consumer Law, Business Law and Collections for Georgia on
Q: Is a "professional parking management" company's fines enforceable? Not through a govt agency but a private company.
Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

These fines are generally not enforceable like tickets issued by law enforcement agencies. However, failure to pay the fines could result in outstanding balance being sent to a collection agency, which could negatively impact your credit.

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of serv

When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of service with the court? The court has uploaded the sheriff's entry of service showing the dates the plaintiff and garnishee were served... Just trying to see if I need to... Read more »

Cory D. Raines
Cory D. Raines
answered on Jan 30, 2022

Good question. Like any other magistrate court claim, when you initially file suit and request the marshal's or sheriff's department to serve the defendant, you are required to fill out a form called the "marshal's entry of service" or something similar to that. Once a... Read more »

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in Consumer Law for Georgia on
Q: Can a debt collector put a lien on my home if my daughter is on the mortgage as well and the debt is not hers
Cory D. Raines
Cory D. Raines
answered on Oct 12, 2021

In Georgia, the creditor would first have to sue you in one of the state courts and then obtain a judgment against you. Then that creditor can record that judgment on any property that you have, real or personal property. This includes any property that is owned by multiple parties including that... Read more »

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Georgia on
Q: Is a carshield repair contract considered insurance in the state of Ga? If not does the state regulate them?

Ok. Apparently the question wasn't clear to some people. It isn't a question of is it auto insurance. If is a question of is that contract legally considered insurance against mechanical failures(I have heard the term "policy" used and they have "adjusters")? Also... Read more »

Cory D. Raines
Cory D. Raines
answered on Aug 19, 2021

CarShield offers protection plans and warranties to their members and is not insurance. Their coverage extends to only to automobile repairs. Although having CarShield may be a good thing, it does not provide coverage for injuries damage caused by accidents. Therefore you should have insurance.... Read more »

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... Read more »

Titus Thomas Nichols
Titus Thomas Nichols PRO label
answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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1 Answer | Asked in Consumer Law and Identity Theft for Georgia on
Q: Do you handle bank account fraud?

A friend of mine had a text from Zelle (aka Synovus Bank) regarding a suspicious transaction. They asked personal questions, in which he answered. Within 6 minutes they transfered over $7,000! He disputed it with the bank in which there turned down. He also reported it to the police with the name... Read more »

Sabrina A. Parker
PREMIUM
Sabrina A. Parker
answered on Aug 6, 2021

You should go to the bank directly and speak with the branch President and explain what happened and see if they can reverse the charges. If the number on your caller ID is a Synovus Bank number, they may be more inclined to investigate the matter and possibly reverse the charges.

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Georgia on
Q: Need a lawyer who services the state of Georgia regardless of in state or out of state.
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Contact the Ga. Trial Lawyers Assn and they can help you find a lawyer for your type of claim. Their members give free consults.

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Trademark for Georgia on
Q: I am trying to create a subsidiary brand in Georgia. Where do I do this?

For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You do not need any more LLCs

You need to register the brands to get protection against others who would want to use the same name

You need to consult with an attorney

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
PREMIUM
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
PREMIUM
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
PREMIUM
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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