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Georgia Questions & Answers
1 Answer | Asked in Car Accidents for Georgia on
Q: I had a the car accident that was denied the claim was denied because the police office wrote the wrong things on report
Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 17, 2022

Short answer is that if you disagree with the position of your insurance company and/or the opposing insurance company, and you are seeking damages, then your next step is to file a lawsuit and let a judge or jury decide who was at fault.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a life insurance company refuse to pay a benefit if the policy was in effect at the time of death

The ins.co has said payments had lapsed but was reinstated and paid up at time of death. But also are claiming that they were given false information about the facts of deceased health. The policy was over 7yrs old and the person who was handling finance issues was not beneficiary.

Tim Akpinar
Tim Akpinar answered on Jan 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. The short answer is yes, they can deny a claim. And there can sometimes be worthwhile grounds on which to challenge a denial. Not to evade a simple answer here, but a Georgia attorney who handles litigation of life... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I was pulled over with my boyfriend and there was drugs in the car we both went to jail I bonded out will I go to prison
Morris  Margulis
Morris Margulis answered on Jan 14, 2022

If this is your first offense, you are likely not facing prison time, unless there are other aggravating circumstances, such as weapons or significant quantities of the drugs. If you do have some criminal history, the answer will turn on the details of that history - what your past charges were,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Georgia on
Q: My s/o was picked up on a false warrant ,never had his Miranda rights read to him until after speaking with the d.a

He was also given paperwork to sign without counsel present under the assumption that it was the statement he had just made, but really he had unknowingly signed away his rights... He was incarcerated on 12/30/2021 where he has been held without bond( no bail hearing given) , or evidence,.. the... Read more »

Morris  Margulis
Morris Margulis answered on Jan 14, 2022

He needs to act fast to get Habeas Corpus relief. If he can get out of custody, he will be in a much better position to pursue his other claims involving this experience.

1 Answer | Asked in Domestic Violence for Georgia on
Q: If damages occurred by my attacker am I required to repair or pay for it
Joshua Schiffer
Joshua Schiffer answered on Jan 14, 2022

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will...
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1 Answer | Asked in Child Support for Georgia on
Q: How to pursue past due expenditures related to no child support in 9 months, while waiting for divorce to be finalized?

I have been waiting for my husband to provide his check subs and sign the divorce documents for overstate vorce documents for over 6 months now. He has not provided any support for his children since may 2021. I would like to know how to proceed with pursuing past due expenditures for the last 9... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 14, 2022

As long as he's not paying you, he has no incentive to sign. You can file for divorce, ask for a hearing for child support going forward as well as reimbursement for past expenses. Speak to an experienced family law attorney about your case.

1 Answer | Asked in Criminal Law for Georgia on
Q: how many working lights do you need to on your vehicle?

I had 3 working light, 3 out of 4. I was pulled over for this. is it possible that this was not probable cause to be pulled over

Morris  Margulis
Morris Margulis answered on Jan 13, 2022

Assuming you were not driving a motorcycle, you need at least two working headlights (OCGA 40-8-22) and two working taillights (OCGA 40-8-23).

By driving your vehicle on the roads in violation of these statutes, you are subject to prosecution as a misdemeanor criminal defendant (OCGA...
Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Dog (tenant's) attack Summons, dead property owner named defendant and wife is joint owner. Is survivor responsible?

My friend has a rental property located in Johns Creek, Ga. Jointly owned with her husband, who passed away about 6 months ago. She got a summons from Fulton county court regarding a dog attack - the tenant was walking the dog and the complaint says it attacked another person. The summons came... Read more »

Romero T. Pearson
Romero T. Pearson answered on Jan 13, 2022

Please call me for a free consultation when you have a moment. Atty. Pearson 770 277-0272

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I’m suppose to pick my son at 6pm for a holiday schedule, but i leave work at 7pm. Can i pick him up at 8pm?

My court order says: K

The parties shall notify the other party within a reasonable

time (defined as not less than seventy-two (72) hours in non-

emergency situations) prior to their custodial periods of their

intent not to exercise said physical custodial periods.... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jan 12, 2022

Going by what you have posted and assuming that is the order, then if you give advanced notice you should be able to do so. Be sure to discuss it with the other parent so there are no conflicts

1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If my car get hit from behind and a passenger of my car dies can I be charged with anything

My car broke down in the road and my passengers and I got hit and 1 died

Michael W. Horst
Michael W. Horst answered on Jan 12, 2022

The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?

There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 12, 2022

Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
Read more »

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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My wife gained physical/legal custody of her children at final divorce hearing with her ex, can I adopt her kids?

The father has been incarcerated before and found in contempt of court, doesn’t pay child support etc. We were recently married, currently live in TX but court hearing was in Georgia, she wants me to adopt but the biological father (her ex husband) will likely not want me to be able to adopt.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 12, 2022

You can file a contested adoption. You need to speak with an experienced adoption attorney who can handle this.

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2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: If I was at fault for an accident and wasn't insured, can the victim take my assets to pay damages?
Morris  Margulis
Morris Margulis answered on Jan 11, 2022

Yes, they can sue you, and if they win, they can take collections actions against you to collect on their judgment.

If they have uninsured motorist insurance coverage, their insurance company can sue you, as well.

If you would like assistance putting yourself in the best possible...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for Georgia on
Q: My husband received 100K from his Stepfather in form of a publicly traded company stock.

Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jan 10, 2022

No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.

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2 Answers | Asked in Child Custody and Divorce for Georgia on
Q: Husband wont sign divorce papers

I've had him served twice and I also served him. He is currently in a Texas State Prison. When he finally responded he wrote on the top sheet " absolutely not unacceptable " signed it and sent it back. He has been in and out of Texas prison system for 8 years. Drug related charges... Read more »

Robbie Levin
Robbie Levin answered on Jan 10, 2022

If your husband won't sign paperwork, you can still get divorced. You will just need to file the appropriate paperwork and have the Court sign off on the divorce. It may also require a short court hearing. I would suggest obtaining a lawyer to help you through the process.

For more...
Read more »

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1 Answer | Asked in Business Formation for Georgia on
Q: I am not changing the name of organization, I just want to add additional members to the org, which I forgot initially.

Is there a sample document you can provide please? I have submitted the document with all those details, Article One, Two and Three, but my application got rejected. Is Articles Of Amendment must? how should it look like? Is attaching Operating Agreement enough?

Glenn M. Lyon
Glenn M. Lyon answered on Jan 10, 2022

Unless your current Articles of Organization list the members of the LLC you do not need to amend them. You just need to issue membership interests to the new members and have them sign a new operating agreement. However, the operating agreement should be drafted by an attorney since you will now... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: Going through a divorce after 13 years of marriage. The house is in both of our names. I got angry and kicked a hole

In the wall.. he's trying to tell me I can't have the house because of it and that the judge will make me leave. Is that true

Regina Irene Edwards
Regina Irene Edwards answered on Jan 10, 2022

The hold is not relevant to division of property. However, there may be cause for a restraining order and removal if violence is occurring. Speak to an attorney now about your options.

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