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Georgia Questions & Answers
1 Answer | Asked in Car Accidents for Georgia on
Q: I was in a car accident,Find a lawyer to take the case,But now I'm worried they not doing there job.Well it's been 2 yr

And I'm doing more calling and trying to find out about my case should I find another attorney to take my case I'm just getting a run around from them and insurance companies.

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

A Georgia attorney could advise best, but your question remains open for a week. Clients are free to change attorneys, and attorneys are free to withdraw from representing clients (with several exceptions). If you do change attorneys, it's possible your attorney could assert a lien for the... View More

1 Answer | Asked in Constitutional Law for Georgia on
Q: Is it legal in Georgia for police to seize Saliva DNA from dental property of a suspect who hasn't been arrested ?

In reference to this question let's say police follow a suspect to a dental clinic and swab the suspects dental property such as dentures or the carrying case itself, while the suspect is receiving dental treatment by their dentist and is unaware of this seizure and has given no consent and... View More

James L. Arrasmith
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answered on Jun 17, 2024

If the police seize saliva DNA from dental property without your consent, it may raise serious Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches and seizures, meaning that a warrant or probable cause is generally required for law enforcement to conduct a search... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: How much could I potentially recover if a truck accident left me disabled in Georgia? Is anyone willing to help me?

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

A Georgia attorney could advise best, but you posted last week. You mention needing legal assistance. One option is for you to reach out to law firms to try to set up a free initial consult. In terms of your question of how much you could potentially recover, more information is needed about your... View More

3 Answers | Asked in Bankruptcy for Georgia on
Q: I am a creditor in a chapter 13 bankruptcy with a 100% repayment plan. When will I start receiving payments?

The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 17, 2024

The timing of distributions by the Ch. 13 Trustee rests with that trustee.

Maddening as it can be, I have heard more than one Judge say, "my Trustee". And once was in a case where the Trustee had over $200K of my client's money, held those funds in an IOLTA account (the...
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3 Answers | Asked in Bankruptcy for Georgia on
Q: I am a creditor in a chapter 13 bankruptcy with a 100% repayment plan. When will I start receiving payments?

The bankruptcy was filed 6 months ago. The plan was confirmed 6 weeks ago.

James L. Arrasmith
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answered on Jun 19, 2024

In a Chapter 13 bankruptcy case with a confirmed 100% repayment plan, creditors typically start receiving payments after the plan is confirmed and the debtor begins making payments to the trustee. The timeline for when you can expect to receive payments depends on a few factors:

1. The...
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1 Answer | Asked in Family Law and Child Support for Georgia on
Q: How can I fire a lawyer he had not responded to me in one month? Any example letters? I paid 50% of a flat rate upfront.

The payment was in two more payments. However, after no progress on my case for a month I communicated that I need to know what work has been done on my case. The law firm then notified me that they had hired a fraudulent lawyer to work on my case that they now fired. However, when I asked for my... View More

Regina Irene Edwards
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answered on Jun 17, 2024

You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."

1 Answer | Asked in Traffic Tickets for Georgia on
Q: GA law: If the citing officer does not sign the traffic ticket, is the ticket valid?

GA law: Is a traffic ticket automatically dismissed if the citing officer does not appear in court?

Glenn T. Stern
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answered on Jun 16, 2024

Even if it is not-the prosecutor can cure such a problem very quickly by simply filing their own accusation in court, which of course would be signed and valid.

As far as the officer appearing-officers are not usually subpoenaed to be in court for your initial appearance. On that day,...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Will I go to jail the same day I refuse to sign probation documents if I wanted some time before signing?

If I wanted to consider the documents I will be signing and put off signing for a week, will those in charge of my probation refuse to allow that? They won't permit me to see the documents I will sign ahead of time so I'm going in there blind. Will they just throw me in jail? If so, will... View More

Glenn T. Stern
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answered on Jun 16, 2024

You didn't say what the nature of the documents are, but it sounds like you are already on probation; you must remember that probation is an alternative to incarceration that the court has granted you-you aren't entitled to it, and it can be revoked and they can just send you to jail.... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: a pro se inmate plaintiff

Does a pro se inmate plaintiff in a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board need to get the Court's permission to conduct discovery of the defendant Parole Board chairman? If Yes, is permission requested by Motion? If No, when can discovery begin? (and... View More

James L. Arrasmith
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answered on Jun 15, 2024

As a pro se inmate plaintiff filing a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board, you do not automatically need the court's permission to conduct discovery. Generally, discovery can begin after the parties have conferred as required by Rule 26(f) of the... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: Can I sue a Georgia States Attorney and County Sheriff for malicious prosecution? Restitution? Pain and suffering?

Georgia 2020..I was accused of 2 felonies-aggrevated battery and assault, had an arrest warrant on me. I turned myself in, bailed out. Prosecution had no evidence against me. 2023 went to trial. Jury deliberated for 30 mins, came back with a Not Guilty verdict. The Prosecution evidence had 2... View More

James L. Arrasmith
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answered on Jun 15, 2024

You may have grounds to sue for malicious prosecution, but these cases are difficult to win and require specific elements to be proven. To succeed, you must demonstrate that the prosecution acted with malice, without probable cause, and that the case ended in your favor, which it did with a... View More

1 Answer | Asked in Civil Rights for Georgia on
Q: A car followed me home without reason. Police said no crime committed. What todo?

I have the person's license plate as well as car dashcam footage and security cam footage. It may have been a road rage case, but I do not know why. I am following all the rules, did not honk or had any hand gestures. He was making hand movements but I do not have it on Cam. I was panicking,... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your frightening experience. It's important to take steps to ensure your safety. First, keep all the footage and the license plate number in a safe place, as this could be valuable evidence if the person returns or if the situation escalates.

Consider...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: 15 yr old did yard work, accidently ran over some small trees and a plastic downspout. How much am I responsible for?

He isn’t licensed or insured, she knew this before hiring him to do the work. We offered to fix the issues ourselves, she refused. Wants us to pay for someone else to do the work in her yard. She’s now trying to get the courts involved.

James L. Arrasmith
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answered on Jun 15, 2024

If your 15-year-old accidentally caused damage while doing yard work, the extent of your responsibility can depend on several factors. Given that the homeowner knew the teenager was unlicensed and uninsured before hiring him, this may influence the liability and potential legal outcomes. You have... View More

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: I missed my jury duty by accident in Gwinnett County, Georgia. How should I proceed, what might happen?

This is the first time I’ve gotten a jury summons.

James L. Arrasmith
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answered on Jun 15, 2024

Missing jury duty by accident can be stressful, but it's important to address the situation promptly. In Gwinnett County, Georgia, the first step you should take is to contact the jury services office as soon as possible. Explain that you missed your jury duty by accident and ask about... View More

1 Answer | Asked in Family Law for Georgia on
Q: I want to change my first and middle name,I am also getting married and want to change my last name.What do I need to do

Reasoning for changing first and middle names is gender identity.

James L. Arrasmith
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answered on Jun 15, 2024

Changing your first, middle, and last names involves a few steps, but it's manageable with the right approach. Since you're changing your first and middle names due to gender identity, you'll need to file a name change petition with your local court. Each state has specific forms and... View More

1 Answer | Asked in Civil Rights and Criminal Law for Georgia on
Q: Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?

Can police issue a search warrant on you (home, vehicle, person, anything) for a positive drug test?

As another question, can they search if you admit to using drugs in the past or are proven to be high?

James L. Arrasmith
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answered on Jun 15, 2024

For the police to issue a search warrant for your home, vehicle, or person, they generally need probable cause. A positive drug test alone may not be sufficient to obtain a search warrant. Probable cause requires more substantial evidence that suggests illegal activity is occurring or that evidence... View More

1 Answer | Asked in Public Benefits for Georgia on
Q: If the VA has me deemed totally unemployable, can the county stop paying me disability retirement?

I was a deputy sheriff for DeKalb county. I was allowed to medically retire because of my PTSD. As of March, my disability pension stopped because the county says their doctors feel I can come back to work. I have been declared totally unemployable by the Department of Veteran Affairs. I'm... View More

James L. Arrasmith
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answered on Jun 15, 2024

If the VA has declared you totally unemployable due to PTSD, but the county has stopped your disability retirement benefits, you have a few steps you can take. First, gather all relevant documentation, including your VA unemployability determination and any medical records supporting your... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Personal injury claim settlement question. On the injury portion of my claim, insurer doesn't want to pay me one amount.

The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

Michael W. Horst
Michael W. Horst
answered on Jun 15, 2024

If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Personal injury claim settlement question. On the injury portion of my claim, insurer doesn't want to pay me one amount.

The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

It sounds like State Farm would like to exercise control over the payment to medical providers. Their practice of doing things this way COULD be over concerns that some claimants might negotiate with medical providers to reduce their bills - and if a doctor feels shortchanged, they'd pursue... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Insurance company state farm, is telling me I have to give them my social security number to settle my injury claim?

I have an injury claim with state farm, the at fault drivers insurance company and they are telling me that before they will settle my claim and pay me, that I have to give them my full social security number. Is this true and is this required by law if I'm not comfortable providing this... View More

Michael W. Horst
Michael W. Horst
answered on Jun 15, 2024

Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: My husband avoided being served Can I still get a divorce or do I have to wait until he is served? Hearing is July 19.
Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

A trial will not move forward until proof of service has been filed. If you don't have any kind of legal service on the defendant, you will not obtain a divorce. He has to be served and there are multiple ways to serve.

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