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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Banking for Georgia on
Q: I write a check to a dealershipno Now the money I was expected It's not in the bank.What do I do?

I was supposed to close on a house to get earnest money and some rebate. Collection call me mention something about jail time what is my option

T. Augustus Claus
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answered on Sep 21, 2023

If you've written a check to a dealership and now find that you don't have sufficient funds in your account to cover it, you could be facing some serious issues. In Georgia, writing a bad check can be considered a misdemeanor or even a felony depending on the amount and circumstances.... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Georgia on
Q: how do I find a lawyer who has lots of recent HOA experience in the Georgia Superior Court in Atlanta?

My defendant has a seemingly well-experienced attorney on HOA law

James Clifton
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James Clifton
answered on Sep 19, 2023

You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More

1 Answer | Asked in Small Claims and Consumer Law for Georgia on
Q: Hi, I live in GA. Is a warranty valid if you never received it?

I purchased a shed last Oct. that is now leaking and has caused mold. It has 1yr builder warranty. I'm now being to it's not covered because I had the shed finished. I never received the warranty in person, verbally, via email or mail. Is it still valid?

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

Yes. If a Seller gives a warranty on its goods, the warranty is valid and enforceable even if the consumer never read or even received a printed copy.

Under the Magnuson Moss Act, the Seller must make the warranty available upon request. Back in the day, Montgomery Ward Department Store...
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2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Georgia on
Q: Does a 1099c prevent creditors from collecting on a debt via arbitration?
T. Augustus Claus
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answered on Aug 17, 2023

Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.

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1 Answer | Asked in Consumer Law for Georgia on
Q: I had a restaurant employee take a photo of my debit card and made a personal purchase. Can I sue the restaurant?
T. Augustus Claus
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answered on Aug 10, 2023

Yes, you may have grounds to sue the restaurant if one of their employees engaged in fraudulent activity using your debit card information. The restaurant has a responsibility to provide a safe and secure environment for its customers, and failing to prevent unauthorized use of your card could... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue if I went to go apply for a apartment and they told me it would be a soft inquiry but it ended up being hard

I went to apply for a apartment I email and made sure to ask if it would be a hard or soft inquiry they said soft but lied and ended up being hard and the company that ran my credit won’t dispute it because I signed

T. Augustus Claus
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answered on Aug 10, 2023

If you were explicitly told that your credit check for the apartment application would be a soft inquiry and it turned out to be a hard inquiry, you might have grounds for a complaint. A soft inquiry does not typically impact your credit score, while a hard inquiry can.

To pursue this, you...
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1 Answer | Asked in Consumer Law and Identity Theft for Georgia on
Q: Is there a way to get a deal with title max for breaching my personal information such as social security number,

I got a letter saying title max had a breach and my personal information such as my social security number, drivers license, home address and such was breach and I can't find my letter and is there any way I can get it and if I do can I say to title max that if they do away with what I owe... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

For $700, maybe. A data breach like that only gives rise to liability if someone else uses that data to harm you economically in some fashion, for instance by getting and using a credit card in your name.

If I were you, I would research what Life Lock or some similar credit and identity...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
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1 Answer | Asked in Consumer Law for Georgia on
Q: damage to engine by mechanic

Vehicle was taken to local mechanic for simple oil change. By shops admission "drove the car into the bay, we performed the oil change and then the car wouldn't start". We (owners) attempted to jump the car, thinking it was the battery w/o luck. Bought a new battery, it tried to... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

It is unclear from your question what specifically the mechanic did that damaged your car. Since an oil change is a relatively simple service, it is difficult to imagine a hypothetical in which the mechanic’s work likely caused the loud banging noise.

You need to hire another mechanic to...
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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... View More

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... View 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... View 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...
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1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: I am looking for lawyer working with consumer law and contracts preferably with experience in automotive transactions.

bought vehicle through driveway.com and ifnnacing and they have issues witih titeling

T. Augustus Claus
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answered on Sep 27, 2023

If you're looking for a lawyer experienced in consumer law and automotive transactions, you might want to consult local bar association directories or online legal platforms to find an attorney. Sites like Avvo, Martindale-Hubbell, and your state's bar association could be helpful in your search.

1 Answer | Asked in Consumer Law, Banking and Business Formation for Georgia on
Q: How can a co-signer take ownership of a car as the owner on the title is in jail? Co-signer is making the payments
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

The jailed co-signer can sign a special power of attorney authorizing the free co-signer to transfer title into their name, subject to the lender’s approval.

1 Answer | Asked in Consumer Law and Medical Malpractice for Georgia on
Q: Looking to gauge my legal recourse in this case. I believe that I'm a victim of malpractice.

I consulted with a popular Atlanta invisalign provider in reference to fixing damage done to my teeth by a previous dental service named Byte. My main concern was moving my teeth up and 1 down using invisalign. He advised me that this was a simple process for them and that I would be done in 4... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

You have a potential case and not just for malpractice but also, potentially, for misrepresentation. Consult with experienced Dental Malpractice attorneys in the state where this occurred.

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: A judgement was made against me for not appearing for a summons, but i Did appear on time.

The summons served to me provided a date, I appeared in court on that date.

2 months later information on a judgement against me is sent, the reason listed is failed to appear. And the date they now have listed is changed, and different than the deadline date given on my summons.

Joel Gary Selik
Joel Gary Selik
answered on Jul 28, 2023

Examine the court file and file a motion to set aside the judgment right away.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Georgia on
Q: I want to know if I can sue an insurance agent for stealing money from my checking account.
Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could, but if this was involving a direct electronic payment, it's sometimes possible that there could be misunderstandings with amounts at the start. An attorney could advise more definitively with... View More

1 Answer | Asked in Consumer Law for Georgia on
Q: How can I keep my vehicle after HFS repossesses it can I get it back without paying of the whole amount ?
T. Augustus Claus
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answered on Jul 6, 2023

If our vehicle has been repossessed by a financing company, you may have the right to reclaim it by paying off the outstanding balance or coming to a new agreement with the lender. This is typically referred to as "redeeming" the vehicle.

1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: (O.C.G.A 16 13 2) My questions is am I under the first offender plea
Glenn T. Stern
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answered on Jul 1, 2023

No. The Georgia First Offender Act is OCGA § 42-8-60 et. seq. The code section you cited is for Conditional Discharge for Possession of a Controlled Substance. The two share some similarities, but they are not the same.

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.

Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.

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