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Georgia Questions & Answers

1 Answer | Asked in Contracts for Georgia on

Q: Can a Georgia LLC bring a breach of contract suit in the state of Georgia against a foreign citizen?

Georgia-incorporated LLC is an entertainment company that represents musicians and entertainers in the US and abroad. All relationships are based on a contract specifying Fulton County, Georgia as the choice of venue and governing law.

If a talent that the company represents is a foreign... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

As is the case in many situations, the answer to your question can be found in the question itself. Re-read your question, especially the part that restricts both the venue and the governing law. (Your biggest problem is not where to file suit; it is trying to serve the defendant personally. Good... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on

Q: How many years an i lookong at for a charge involving over $2100?

I have been waiting to go to court since Nov of 2016 and still haven't got an update on my case status

Brandon Alexander Thomas answered on Jun 26, 2019

If it is a theft crime it is likely a 1-5, which means you can get between 1-5 years in prison. A plea for probation can often be worked out by your attorney in many cases, especially if you are willing to repay the money.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on

Q: Trying to get off probation early.

I was charged with financial card fraud for buying a mtn dew for $1.79 on someone elses card. I got 2 years probation and so far have completed 11 months. I need to get off of this probation. I've been paying every month on time and haven't gotten not even 1 infraction. I also only saw my officer... Read more »

Brandon Alexander Thomas answered on Jun 26, 2019

You need an attorney to file a Motion for Early Termination of Probation. Typically the court will only grant early termination if you have no probation violations.

1 Answer | Asked in Criminal Law for Georgia on

Q: Will I be charged for check fraud if I didn’t deposit the checks into my account and someone else did ?

The person who deposited the checks still has my bank card so I want to make sure that my innocence is proven that I did not deposit any checks

Brandon Alexander Thomas answered on Jun 26, 2019

You can be charged with fraudulently depositing checks into your account, even if you did not make the deposit. Frequently, people committing fraud work together in teams, so a person can be arrested if they own the account where the money was deposited.

1 Answer | Asked in Criminal Law and Sexual Harassment for Georgia on

Q: What is the statue of limitation on revenge porn?

Brandon Alexander Thomas answered on Jun 26, 2019

Revenge porn is a felony in Georgia under OCGA Section 16-11-90. Felonies have a 4 year statute of limitations, from the date the victim knew or should have known about the crime (the date you found out the porn was made public).

You may be able to sue for damages to your reputation. as...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: How long can a jail hold a person for another county on a bench warrant for FTA charge due to a traffic violation?

The person has been held since Saturday with no other information provided to the family

Brandon Alexander Thomas answered on Jun 26, 2019

Generally, the arresting county is going to transport the person to the original county where the FTA occurred so they can appear in court. The county can hold the person up to 30 days before they transport them. If the warrant is from out of state, the county will not extradite them unless it is a... Read more »

1 Answer | Asked in Child Support for Georgia on

Q: Homeless

Homeless and jobless but possibly might get put on child support. Is there anything that can help me or the state of Georgia don’t really care.

Regina Irene Edwards answered on Jun 26, 2019

Every parent is expected to financially support their child. Check your county for resources to help you obtain employment so you can support your child.

1 Answer | Asked in Child Support for Georgia on

Q: I live in another state

I live across the world but she have papers delivered to my mother house and I haven’t sign the birth certificate can she put me on child support?

Regina Irene Edwards answered on Jun 26, 2019

Yes, she can put you on child support. You are supposed to pay child support, no matter where you live. Hire an attorney to discuss your options, but you should start paying voluntarily immediately. Failure to pay child support is a crime.

1 Answer | Asked in Child Support for Georgia on

Q: The mother of my kid is trying to put me on child support but she doing it for the money and not for our son.

Is there’s a way I can fight that? I have Proof and messages saying she doing it for the money

Regina Irene Edwards answered on Jun 26, 2019

If your child doesn't live with you, you have to pay child support.

1 Answer | Asked in Banking, Identity Theft, Legal Malpractice and Small Claims for Georgia on

Q: Am I responsible to pay my bank money when I was given a fraudulent loan and I used the money before the check bounced?

The person who deposited the check in my account forged my signature. The loan was for $901.70.

Bruce Alexander Minnick answered on Jun 25, 2019

Yes. Why? Because you are the only person who has (or had) the $901.70. Surely you do not expect any bank on this planet to eat money just because you accepted a fraudulent check? No; they are making you eat your own money.

1 Answer | Asked in Child Support for Georgia on

Q: I filled for child support in 8/18 we did dna is 11/18..when I ask for an update every 3 months nothing has changed..

When I ask for a update I get no reply..what can o do to make sure something gets done?

Regina Irene Edwards answered on Jun 25, 2019

Child support is going to take awhile when you go through child support services. A private attorney can unusually get an order much quicker, but there is a cost to their service and child support services is free.

1 Answer | Asked in Bankruptcy for Georgia on

Q: Will the court allow me to take out a TSP loan to help catch up on arrears while under chapter 13 bankruptcy?

Jeffrey William Narmore answered on Jun 24, 2019

Good evening. You would be borrowing against a TSP loan and this would most likely be viewed as a request to incur a debt. The view on allowing this changes a lot from one jurisdiction to the next, including who decides to grant the request. For example, in the Southern District of Georgia the... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on

Q: If the trademark is abandoned does that mean someone could still use the name

John Martin Hilla answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
Read more »

1 Answer | Asked in Civil Litigation for Georgia on

Q: Lawyer of person I am sueing filled a discovery with court I didn’t received. I have a proof that I was out of country

They said it was delivered to me to answer but I have proof I was flying inn that day from Europe and was at home late at night. Is it falsifying documents form that lawyer side ? Can I use it to show how unethical defendant it ?

Paula J. Mcgill answered on Jun 24, 2019

How did the attorney say it was served, hand delivery, mail, etc.?

If the attorney said it was hand delivered to you and not to your address, you will be able to dispute it by showing you were out of the country. Demand the attorney show how it was served.

1 Answer | Asked in Probate for Georgia on

Q: For probate! Can a sibling open up an estate because my brother passed away and no one is trying to settle anything.

He was married and had a baby by an ex girlfriend. Neither has done anything. The siblings want to get things settle. Without a dog in the race can we ask for our money spent on probating his estate be given back. We are wanting what is best for his son which is a minor.

Robert W. Hughes Jr. answered on Jun 24, 2019

You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate might be the... Read more »

1 Answer | Asked in Divorce for Georgia on

Q: My spouse was charged with family violence, criminal trespass, violation of a controlled substance. Seeking a divorce

I had a history with the residence before I married my soon to be exact spouse. The home was refinanced with my name first and my spouse's behind my name. Will we have to sell the house , and divide the equity in the home. We will have been married 2 years the 30 the of this month. How are the... Read more »

Regina Irene Edwards answered on Jun 24, 2019

You can file for divorce on the no fault ground and ask for a fair distribution of assets and debts. If you want specific answers to specific questions, you need to consult with an attorney who can listen to your story and give you advice about your unique situation.

4 Answers | Asked in Child Custody and Family Law for Georgia on

Q: How does a father apply for custody of his child that the mom let move in with another family member.

My husband and his ex wife divorced in 2004 she got custody in the divorce and he was granted visits and child support for years the children were allowed to visit only at her convenience sometimes wouldnt allow visits for months my husband has continued to pay his support.well he was just informed... Read more »

Regina Irene Edwards answered on Jun 23, 2019

The father can file for custody. He needs to talk with an attorney about this, as he has to sue both the mother and the people the children are living with.

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1 Answer | Asked in Criminal Law and Divorce for Georgia on

Q: If my wife burned up my clothes, medication, cologne, shoes, documents is this criminal trespass or arson in the Georgia

The sheriff came to the scene of our residence. Although I am preparing for a divorce due to these events. Will we have to sell the home in the divorce proceedings.

Regina Irene Edwards answered on Jun 23, 2019

Yes, burning things is a crime. You should speak with an attorney about pursuing divorce.

1 Answer | Asked in Child Support for Georgia on

Q: can a visitation/child support contract be modified right after signing it. and can the mother get back support.

both parents just signed a court ordered visitation and child support agreement and child support was being paid before agreement was made. mother is now mad and threatening to go to child support recovery for the child can she?

Regina Irene Edwards answered on Jun 23, 2019

The question is not answerable as written. I am not sure what you mean by child support contract. I can't tell if there is a court order, or just an agreement. You need to talk to an attorney about your situation and they can review your documents and give you advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on

Q: Child's father owes so much back child support. He told me he plans on telling judge he paid it, I'm lying and he has...

misplaced all of his receipts. I raised my daughter for 11.5 years without any help. Now she wants to love with him so she can be around her new baby sister. He's enforcing child support on me. How can this happen when he still owes me at least 6 years back support that he never paid and can't... Read more »

Regina Irene Edwards answered on Jun 23, 2019

You need to talk to an attorney about your specific situation. After reviewing your court order and reviewing the evidence, you may be able to proceed with a child support contempt action.

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