Lawyers, Answer Questions  & Get Points Log In
Georgia Questions & Answers
1 Answer | Asked in Small Claims for Georgia on
Q: Can legal action be taking against uber if I was charged a fee for a ride the driver canceled ??

I ordered a uber the driver came and as I was getting into the car he said that he accepted the ride my accident and that he was not taking it and canceled it made me get out. Uber then charges me a cancellation fee. I contacted them and told them I should not have to pay for a ride I did not take... Read more »

Anitra Walker
Anitra Walker answered on Oct 19, 2019

It does not appear you should have to pay a cancellation fee if you did not cancel the ride and the ride was not canceled because of something that you did. When you explained the situation to Uber, what was Uber’s reason for not refunding you the money? Was anyone with you when you attempted... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can you stop an eviction once a writ of possession has be ordered

I already went to court and had an eviction judgement attached is a writ of possession could i pay with in 7 days to stop being evicted

Anitra Walker
Anitra Walker answered on Oct 19, 2019

After the writ of possession is granted, the landlord contacts the Sheriff’s office to make arrangements for a Sheriff to supervise the landlord’s removal of a tenant who refuses to leave and/or the tenant’s personal property. At this point, it is too late to pay to stop the eviction, unless... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: I have a tpo against husband. He stole my car. Can I report as stolen? Or is this just a violation of tpo?
Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

Both. He may have a defense to the theft, but I imagine the police are going to want to hear all about that from him. A part of TPO's is not doing anything to prevent the petitioner from leaving/traveling/etc. Appears to be a valid path to me.

Good Luck!

Josh...
Read more »

3 Answers | Asked in Workers' Compensation for Georgia on
Q: If the PPD payments are straight math then why do we hear of insurance offering more to settle and close?

The insurance person offered $1000 extra payment to close the claim. This makes us think there is more than straight math in play. We also learned that mileage to medical can be included - the insco never told us this we had to find out on our own. What else are they not telling us?

T. Andrew Miller
T. Andrew Miller answered on Oct 19, 2019

There’s a lot they aren’t telling you. The settlement value of a workers comp case depends on many factors. Your best bet to figure out the best option for you is to consult with a workers comp attorney.

View More Answers

1 Answer | Asked in Criminal Law for Georgia on
Q: I if burglarized stores no intended for dewling or no one stay there can I be charged with first degree burglary
Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

They can CHARGE you with tons of stuff.... What they can prove beyond a reasonable doubt is another issue entirely.

Sorry for the smug answer, however the State has broad discretion in bringing charges (grand juries indict everything) and they almost always overcharge.

You will...
Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Georgia on
Q: Can a Drug Court Counselor who has engaged in romantic relationship with numerous court participants be prosecuted

Drug Court participants were assigned to this female counselor/case manager to supervise participants and provide them with counseling services. She actively pursued romantic and sexual relationships with three (identified) male drug court participants. Counselor also invited female drug court... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 19, 2019

There are a multitude of potential claims that could be explored here, all depending on the employment status of the individual as well as the obligations and duties of the Counselor.

The Damages would be an interesting project, as would be how liability is assigned. The state has a...
Read more »

3 Answers | Asked in Criminal Law, Family Law, Federal Crimes and Probate for Georgia on
Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

Nina Whitehurst
Nina Whitehurst answered on Oct 18, 2019

You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not for... Read more »

View More Answers

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: What is my recourse?

Had spine operation .. Discharge info. given for rehab. was wrong. Patient portal info was never updated to show important information. No post ortho rehab. was setup for weeks, i had to push issue. I don't feel i healed properly considering their incompetence of post-op care. I'm genuinely... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2019

A Georgia attorney could answer your question best, but your post remains open for two weeks. I'm sorry for the frustration you endured following surgery. However, an attorney would likely need more information to make a meaningful assessment. The nature of the discharge information or patient... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: I have a tpo against my husband. He's stolen my car that I've been in possession of since order was made. Options?
Joshua Schiffer
Joshua Schiffer answered on Oct 18, 2019

Call the police as that is a clear violation of most standard TPO forms. If the Police will not help, a lawyer can assist by filing a contempt.

Act QUICKLY, and be safe!

Good Luck!

Josh

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Percentage of attorneys fees in ga can a judge award
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

There is no set amount that a judge can order in attorney's fees. The amount will be dependent on the specific facts of each case.

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: What is the percentage in ga. Can a judge award in attorney's fees?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

There is no set amount that a judge can order in attorney's fees. The amount will be dependent on the specific facts of each case.

3 Answers | Asked in Family Law and Child Support for Georgia on
Q: If I want nothing to do with a child or the woman what do I do?
Ellaretha Coleman
Ellaretha Coleman answered on Oct 17, 2019

Even if you want no personal relationship with the child, you can still be ordered to pay child support for a child that is biologically yours.

View More Answers

1 Answer | Asked in Divorce for Georgia on
Q: I am disabled and divorcing my husband. He will not fix water or AC in house. He committed Fraud against. Need help

Have no money, he abused me through 24 year marriage. It is awful. Attorneys took my disability money. Husband committed Fraud and ran up my credit, only in my name.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 17, 2019

I'm sorry you are going through this. You could try contacting Legal Aid to see if you can get some free legal assistance. You can also try calling the state bar to inquire about if there are any pro bono attorneys in your area. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Contracts for Georgia on
Q: Hey I’m financing a car and I’ve had it now for 3 months all my payments been on time

Today I called and told them to add it with my next payment because I didn’t get paid all my hours just to kind of keep them out of my business and he told me to bring in a check stub to prove it...I think that’s my personal business and I shouldn’t have to prove a point to them.Whats your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

My "thought on the topic" is a correct legal (and practical) opinion: You are going to lose your car unless you stop playing silly games with the dealer who sold you the car.

1 Answer | Asked in Bankruptcy for Georgia on
Q: Chapter 7 Bankruptcy question - can i file separate from my family income?

Hello, i was wondering if I could file chapter 7 in the state of Georgia as an independent or single person family household income separate from my family. I am 27, living at home, I do pay for all my own bills and make under the medium household income in the State of GA, which is around 40k and... Read more »

Clark Dray
Clark Dray answered on Oct 17, 2019

There are multiple interpretations of what constitutes a "household" for means testing purposes. Some judges will simply count how many people are living in the domicile, others will just look at your dependants, while others will try and figure out who's part of your "financial unit". My... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is it illegal for pedestrians to walk on the interstate in Georgia?

I have read multiple articles stating that it is illegal for pedestrians to walk on limited-access highways in Georgia, and I understand why it would be. I have searched through multiple laws and can't find any code section that actually deems it illegal. For example, Atlanta has a city ordinance... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Oct 17, 2019

(a) As used in this Code section, the term “pedestrian” means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot.

(b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to stand or stride along and...
Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone gets a entering auto, and the person who car it is drop the charges , can it get dropped to a misdemeanor?

Nothing was stolen from the car , it’s almost like he went to the wrong car , somebody else said something but that person doesn’t stay there anymore. I want to know if I can beat it , get it dropped all the way or get it dropped to a misdemeanor?

Cawanna Anise McMichael
Cawanna Anise McMichael answered on Oct 17, 2019

An experienced criminal defense attorney will be able to look at the evidence the State plans to use at trial in the entering auto case, evaluate the strength of the evidence, determine whether there are now witness issues with the State’s case, and determine if they can negotiate a more... Read more »

1 Answer | Asked in Car Accidents for Georgia on
Q: What if a car turns left and it’s late at night and hits a car that has no lights on.

The car that did not have lights on was a black car therefor the other car didn’t see it.

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

A Georgia attorney could answer in the best manner, but your question remains open for three weeks. As a general matter, without regard to state-specific elements of law, claim representatives in similar situations could amicably agree to apportion damages between the two policies. This is often... Read more »

3 Answers | Asked in Criminal Law for Georgia on
Q: In ga what is the sentence for criminal tresspass

In ga what is the sentence for obstruction of a police officer

Cawanna Anise McMichael
Cawanna Anise McMichael answered on Oct 16, 2019

In Georgia, obstruction of a law enforcement officer depends on whether it is a felony or misdemeanor offense. A misdemeanor offense carries a potential sentence of up to one year in jail and $1000 fine. A felony offense carries a potential sentence of 1 to 10 years in custody with a $300 minimum... Read more »

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: My mother passed away I'm the Executor of the will. My sister and I were the beneficiary but she is now deceased for

2yrs do I need her husband at the time of her death to sign the paper work to probate it.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 16, 2019

Your sister's children would be the appropriate people to contact regarding the handling of the estate. Her husband is not an heir to your mother's estate. However, you need to determine whether the Will requires bequests to your sister to be paid to her heirs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.