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Georgia Contracts Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Foreclosure for Georgia on
Q: I posted bond for some one, can I get that back?

How a would go about getting my bond money back?

Lance O. Mixon
Lance O. Mixon answered on Apr 25, 2020

Multiple issues control this. First, is the case over yet. If so, then yes.

In still pending, on misdemeanor cases, after 12 months, you can ask the court to release you as surety.

1 Answer | Asked in Contracts and Personal Injury for Georgia on
Q: Can an inmate be held in prison without an institutional file? If no what kind of lawyer would one need?

Inmates institutional file was lost and he can not take classes he need to take to parole out because of this.

Tim Akpinar
Tim Akpinar answered on Apr 6, 2020

What kind of lawyer? A criminal lawyer would be the best bet. You could try reposting your question there (and leave off Contracts and Personal Injury), you could try contacting a lawyer you find here or on your own, or you could see if the State Bar of Georgia has resources that might be helpful.... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I have a lease on a home that expires March 2022. The landlord wants to sell the house. Can he do that?

There is no clause in my lease regarding landlord terminating lease early

Paula J. Mcgill
Paula J. Mcgill answered on Mar 26, 2020

Yes, the landlord can sell the property,

BUT

the new landlord takes subject to your current lease. That means he steps into the shoes of your landlord.

I assume there isn't a sale provision in the lease that allows the purchaser to terminate the lease.

3 Answers | Asked in Contracts, Criminal Law, Divorce and Family Law for Georgia on
Q: Mywife agreedyears agoandinApril 2019 tohaveourlocations tracked, phone calls recorded.Its discussedoften ntext.nowdeny

It is discussed multiple times since 2013-2014. Close to Christmas time she tells me via text: “GO check the tape if you dont believe me”. I go back to her numerous times over the next several days-week, asking her if that is really what she wants me to do. I remind her, just a few months... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Mar 22, 2020

She doesn't have to leave the house just because you ask her to. If you want a divorce, consult with a divorce attorney about your options.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Fair, Flat Fees Only - No Hourly Billing

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: What are a tenant's options for terminating a commercial lease or reducing rent during the Corona pandemic?

Hello,

We are small business owners. My wife and I operate a gift shop in Savannah with no employees. The building was recently purchased and our rent increased by 80% in February. We signed a 3 year lease. That lease does not have any option for termination by tenant.

In the last... Read more »

Gregory Byrnes
Gregory Byrnes answered on Mar 19, 2020

You should look at the terms of the lease. Provisions that may be helpful are "Force Majeure", condemnation, and casualty.

1 Answer | Asked in Small Claims, Contracts and Criminal Law for Georgia on
Q: Nearly three years ago, my sibling agreed to put a vehicle in their name, i make payments. They refinanced w/o my knowin

I haven't any receipts of this other than bank transactions to them, insurance the whole time, dozens of witnesses.

The contract stated there would be 36 fixed payments of $X, however, about 12 months in, I was requested to bring the vehcile to the finance comany for an inspection.... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 22, 2020

It is best to contact an attorney. Your best recourse may be to sue for breach of contract. Contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law...
Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for Georgia on
Q: I want to join network marketing company using my LLC. The wording seems to say that I can only use my legal name.

Are they talking about my name or the LLC name on its paperwork?

Here are the details:

“ Individuals or entities may only register as IBOs using legal names. An IBO cannot be signed up or registered with a fictitious business name.”

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 15, 2020

If you cannot understand what this very simple language means you really should employ a small business lawyer before you get yourself into real trouble. Answer: You can ONLY use your REAL name--or the REAL name of your LLC, or the REAL name of a corporation, or partnership, or limited partnership... Read more »

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Georgia on
Q: Can a landlord require me to purchase a whole year of renters insurnance mid-lease, when original lease didn't require?

My landlord is trying to make me sign an addendum to agree to get renter's insurance, for a full year, and my lease started in August, with no mention that renters is required, it strictly states that "renter's insurance is not mandatory, but we do encourage you to obtain it to cover... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Feb 5, 2020

If the lease did not originally required it, the next section you have to look at are amendments and notice. Is there a section in your lease that allows the landlord to amend the lease with notice. If not, than I don't see how he can do it. However, you may want to take the lease to an... Read more »

1 Answer | Asked in Contracts, Business Law and Communications Law for Georgia on
Q: ISP suddenly stopped providing a product that we still pay for. Did they breach the contract?

Before I joined my company, they signed a multi-year service agreement with an Internet Service Provider that I think we should no longer use. When looking at the early termination terms, we would owe over $7,000 for the remaining 23 months. So, in an effort to not cancel service but change... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

Possibly. It's difficult to analyze without the details. It may not let you out of the contract entirely but you could likely get some credit of offset.

1 Answer | Asked in Contracts, Products Liability and Car Accidents for Georgia on
Q: Can I be sued

I sold a car to a friend but the deal was the title would remain in my name until he paid it off. I just found out he has been driving the vehicle uninsured and he has had an at-fault wreck involving other vehicles with injuries. Can I be sued?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 3, 2020

Yes, for sure. There may be a way to get out of the coming lawsuit--but you will need a really good lawyer to try it.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Georgia on
Q: Landlord sued me for breaking lease due to black mold in residence.

He was awarded only a small amount of what he was asking in court, I sent him checks monthly paying what I could, he never cashed them. He has now ordered my wages to be garnished. How much is he allowed from each pay period?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 28, 2020

It is best to contact an attorney who can go over the specifics of your case. Without more information, it is difficult to provide you with an accurate answer.

I wish you well.

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

1 Answer | Asked in Contracts for Georgia on
Q: If you give no deposit or rent and you have just signed a contract can you break the lease. Just the application fee

The only thing that was paid was the application fee.

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You signed the contract. Look at the contract to determine if you have a grace period to terminate the lease.

You didn't state why you wanted to terminate the lease. The reason for wanting to break the lease may change my answer.

Paula McGill

demandingjustice@gmail.com

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: My name is on a deed and mortgage with my ex. I moved from the home but pay utilities. Can he say I abandoned the house

My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

He doesn't know the law.

You still have an ownership interest in the property.

Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.

This may cause the house to be sold or to force him to buy you out....
Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: Creditor is trying to sue me for payment after I made payment on car 2010 is this possibke
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 6, 2020

Without more information and details, it is difficult to provide an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

1 Answer | Asked in Contracts and Securities Law for Georgia on
Q: In Georgia, who can I sue for security deposit - landlord or property manager (as owner's designated agent)?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 1, 2020

The landlord is the proper party to sue. If the landlord is unavailable, then pursue a case against the landlord’s agent.

I wish you well.

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

1 Answer | Asked in Contracts for Georgia on
Q: In Georgia, does a homeowner's policy expire at renewal if premium is unpaid or does company have to give written cx.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 1, 2020

Generally, insurance policies are only valid when premiums are paid. Failure to pay the contracted premium amounts will invalidate/cancel the insurance policy. The company is not under obligation to provide notice of cancellation because the original contract would have provided this information.... 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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2 Answers | Asked in Libel & Slander, Contracts, Family Law and Civil Litigation for Georgia on
Q: ex girlfriend has a lien against my truck, i make the weekly payments, but am told daily she can take it whenever

she comes to my jobs and harasses me daily. do i have a option besides calling the police and losing my truck

Regina Irene Edwards
Regina Irene Edwards answered on Dec 28, 2019

Your option is to pay off the entire lien or give her back the truck.

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1 Answer | Asked in Contracts for Georgia on
Q: Good morning Dealer told me I could register my car in NC and get a GA iD car and keep my NC license?

I purchased 2020 truck last night 12/26

The manager said he will use my GA license to register car I told him I recently relocated from NC. I still need to change my license to GA he said I can get a GA ID card. I have 2 car notes and need to return the new truck today

I told them... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 27, 2019

IMO, unless you have some much better reasons than the registration issues your chances of "rescinding" this contract do not look good. However, do NOT wait for some lawyer reading this to rescue you; take the truck back to the dealer immediately and tell them you cannot go through with the deal.

2 Answers | Asked in Contracts and Business Law for Georgia on
Q: Worked for a company now they only wanna pay what they feel it's worth not the agreed amount

I did work on a deadline for a new person. We agreed to pay me a certain amount per apt I was to clean and then $1200 for painting and apt. I did the work all before Thanksgiving and they said they would pay me the total is $2200 I have all convos back and forth and now they say they feel the work... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 22, 2019

If you don't agree with their terms the next step is to file suit for breach, fraud, whatever's applicable.

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