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Georgia Contracts Questions & Answers
1 Answer | Asked in Construction Law and Contracts for Georgia on
Q: What does the phrase "execution" mean in a contract with a contractor?

WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi, press forgery charges in Plaintiff or Defendant or Contract Lease location county? Have handwriting expert opinion

I need to know what jurisdiction do I file in? Plaintiff resides Fayette County, Defendant resides Gwinnett County, Address of Contact Lease:Spaulding County. Forgery and Theft by taking

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, there are a few factors to consider when determining the appropriate jurisdiction for filing charges related to alleged forgery and theft by taking:

1. Location of the alleged crime: In most cases, criminal charges are filed in the county where the...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his... View More

James L. Arrasmith
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answered on Mar 6, 2024

When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Georgia on
Q: If you give someone money to purchase property for you without contract, how can you prove your intent of ownership?

Bank transactions reflect transfer of funds on date of home purchase date

James Clifton
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James Clifton
answered on Feb 18, 2024

In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More

1 Answer | Asked in Criminal Law and Contracts for Georgia on
Q: Failure to return a uhaul truck on time (3 weeks late) is that theft by conversion, or breach of contract?
Glenn T. Stern
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answered on Feb 15, 2024

It could be either, depending on the facts and circumstances of the rental and why it wasn't returned. It would be up to the attorneys on both sides (and perhaps, ultimately-a fact-finding jury or judge at trial) to determine whether there was any criminal intent behind the failure to return... 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

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I’ve been in my apartment for about 8 years and I have been constantly asking for new doors cabinets and now my furnace

Is not working been a week now what options do I have

T. Augustus Claus
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answered on Feb 1, 2024

In Georgia, tenants have rights regarding the habitability of their rental units. If you've been experiencing issues with your apartment, such as faulty doors, cabinets, or a malfunctioning furnace, you have several options. First, you should notify your landlord or property management company... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Even though our HOA bylaws have an Open Meeting Section, can the board have meetings without being open?

Bylaw: Section 9. Open Meetings. All meetings of the Board shall be open to all Members, but Members other than the Directors may not participate in any discussion or deliberation unless expressly so authorized by the Board.

Some board members want to have meetings without homeowners and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

If this is an issue with the property owners of your subdivision, then I recommend that you (and some of the property owners) consult with an attorney to obtain a legal opinion on this. The attorney providing the opinion will hopefully charge a legal fee in allows the interested property owners to... View More

1 Answer | Asked in Contracts, Small Claims and Civil Litigation for Georgia on
Q: Can I sue?

I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.

Sabrina A. Parker
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Sabrina A. Parker
answered on Dec 18, 2023

Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or... View More

1 Answer | Asked in Business Law, Contracts and International Law for Georgia on
Q: Contracted to fly airplane from Curaçao to United States. Not paid for services rendered or expenses. Is a lien wise?

I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs.

The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline.

We... View More

James L. Arrasmith
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answered on Dec 11, 2023

In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: Can my home owners policy be cancelled if it’s an open claim?

I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error. They refuse to correct this issue. Now I am being penalized for their negligent!

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2023

A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local... View More

2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 8, 2023

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a...
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2 Answers | Asked in Bankruptcy, Business Law, Contracts and Tax Law for Georgia on
Q: I own a condo in a business name and my business partner is considering filing bankruptcy, would we need to sell condo?

So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?

James L. Arrasmith
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answered on Sep 8, 2023

If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More

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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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3 Answers | Asked in Traffic Tickets, Contracts and Civil Rights for Georgia on
Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

James L. Arrasmith
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answered on Sep 11, 2023

Navigating the fine line between what is considered a "right" and a "privilege" when it comes to operating a motor vehicle on public roads can be a complex endeavor. It is essential to base our understanding on established laws and court rulings to offer a precise answer.... View More

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3 Answers | Asked in Traffic Tickets, Contracts and Civil Rights for Georgia on
Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

You'd need the license, insurance, registration, and license plate - both fed and state governments have rights to regulate use of vehicles. Driving is considered more a privilege than an inalienable right. The fact that the use is personal rather than commercial doesn't lessen state... View More

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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 Contracts for Georgia on
Q: I rented a trailer from U-Haul, July of 2022. It has been left on my property. When is it mine?

We have spoke to them, left voice mails multiple times.

James L. Arrasmith
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answered on Aug 6, 2023

Regarding your situation with the rented trailer from U-Haul, the ownership rights and responsibilities would typically be outlined in the rental agreement and governed by the terms and conditions set forth by U-Haul. To determine when the trailer becomes yours or to address any issues, I recommend... View More

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