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Georgia Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: Is there anything I can do to help him ? Like write a letter or something to the judge

My bf was arrested after cops told us "eight people seen him pull my hair and was willing to write statements" however is was pitch Black and honestly did not pull my hair or touch me in any way he is charged with simple battery at the moment but does say charges pending and they said... View More

Joshua Schiffer
Joshua Schiffer
answered on Jan 19, 2025

Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Georgia on
Q: Termination of Child Support Order

If I voluntary put myself on child support and haven't spoken nor seen my child over five years plus contact the other parent every week to speak to our child and she/he doesn't answer and just want to just collect child support payments without having to co-parenting; Am I able to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

You aren't able to just cancel a child support order once you petition the court for one. Only the court can dismiss an order of support and that typically happens when the child has aged out of child support, been adopted, or if it is determined you are not the biological father. You are... View More

1 Answer | Asked in Foreclosure for Georgia on
Q: How much can a mortgagor's Agent charge as the fee to collect surplus funds?
James Clifton
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James Clifton
answered on Jan 16, 2025

Do not, under any circumstance, sign a contract with a non-attorney for surplus funds recovery in Georgia. Many of these "mortgagor's agents" are unscrupulous and prey upon vulnerable people who have just been foreclosed. These "agents" then turn around and hire an attorney... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Can I carry at 19 using a out of state ccw permit

If I get a out of state ccw permit from a state that allows carry under the age of 21 can I then carry in GA as a 19 y/o?

Glenn T. Stern
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answered on Jan 13, 2025

No. Georgia is a constitutional carry state, which means you do not even need a permit to carry a concealed firearm if you're over 21 and otherwise allowed to have a firearm.

That being so, if you have a concealed carry permit from another state, reciprocity would mean that Georgia...
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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: So my fiancé was pull over in camden county last year in November 19 2024. He went to court they denied his first bond.

These are his changes. Improper Lane Change/Failure to Maintain Lane

Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine. I wanna know what they gonna do like he need a lawyer bad to help us

Glenn T. Stern
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answered on Jan 12, 2025

He did not get a bond because of the trafficking charge. Magistrate courts are not authorized to give a bond for someone charged with trafficking because only a Superior court can issue a bond on those cases. Practically speaking, a bond motion that needs to be filed on his behalf and then... View More

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1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I as the victim modify the bond so my spouse can come home?
Joshua Schiffer
Joshua Schiffer
answered on Jan 12, 2025

If the defendant has a lawyer, try to facilitate with them as it sounds like a simple bond modification is what you need and they will be able to file for it.

If you want to go ahead by yourself, you can petition the court independent of the case for a bond modification, but that is very...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: If I get my baby daddy locked up for the 2nd time for domestic violence and I have a video of me beating on him and lied

What should I do

Joshua Schiffer
Joshua Schiffer
answered on Jan 12, 2025

First stop is to talk with a qualified lawyer so you can explore your options as a putative victim who may have also acted in a criminally improper manner. A defense attorney must keep your conversation CONFIDENTIAL, and that is how you will be able to find the best pathway. I cant recommend... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can you get a bond with a felony? What happens if you already out on a first offender misdemeanor bond and get a felony?

First misdemeanor marijuana charge and the felony charge is a pill.

Glenn T. Stern
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answered on Jan 12, 2025

Sure-under those circumstances you "can" get a bond. There's nothing in the law that says the court cannot give you a bond under those circumstances. However, if the prosecutor/court knows or finds out that you picked up a new felony charge while out on misdemeanor probation, they... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: We have two pieces of property, one in my name and one in me and my husbands name. I'm trying to get away from him.

I don't want him trying to move in with me or coming down there to harass me and my son. I don't want him coming into the house or coming down to the house to harass me constantly. The properties were attained after marriage.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

The only way you can keep someone away from property that the court may consider to be marital property is if the court gives you an order giving you exclusive use and possession of the home or if you obtain a restraining order. And the only way for you to get that order giving you possession of... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Civil Rights and Domestic Violence for Georgia on
Q: I have had a social worker show up at my house on allegations of domestic violence, dirty home, and drug use.

I did deny her when she asked to come inside and speak with me. I told her that I was more than willing to cooperate but I just had gotten off and would like for her come back the next day when I got off at 5.

Joshua Schiffer
Joshua Schiffer
answered on Jan 12, 2025

You are absolutely within your rights to refuse entry, absent a court order, but you need to be prepared to mitigate their conclusions as well as facilitate an inspection.

I STRONGLY advise you to communicate with them through an attorney, or at a minimum with witnesses and video, and...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: If my mother let me borrow her car knowing it had no insurance or valid tag and i got tickets for both, what do i do?

My mother is elderly with memory problems. My older sister handles her finances and affairs. My mother stopped driving and I borrowed her car with her permission a few times. My sister stopped paying the insurance, allowing it to lapse and the registration to become suspended and did not tell... View More

Glenn T. Stern
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answered on Jan 8, 2025

Unfortunately, traffic tickets like "no insurance" are known as "strict liability" offenses. That means that knowledge and/or intent are not elements of the offense. In other words-it does not matter whether you knew a car had insurance-only that you drove the car without... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: I recently got divorced and won sole custody and sole placement.. can I apply for child support and win?

There's a permanent restraining order in place that will be lifted December 2025 the other parent lives in a different state.. it is disability benefits but our bills are more than and I am unable to work the father is a barber in a different state who lies and act like he's unemployed... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 6, 2025

I'm unsure why child support was not adjudicated in your divorce as the divorce should have included child custody, child support and visitation. But you can always apply for child support as long as the child meets the requirements for support. And if you have someone whose income may be... View More

2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How to handle visitation when father is not legitimized?

H

Regina Irene Edwards
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answered on Jan 2, 2025

You do not have to let the child go with the father based on what happened. You can file a case for paternity and child support, and he may choose to counterclaim with a request for parenting time. But speaking with an attorney about establishing a child support case would be the next step.

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2 Answers | Asked in Family Law and Child Custody for Georgia on
Q: How to handle visitation when father is not legitimized?

H

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 6, 2025

The parties can decide their own visitation outside of the courts. But if the father is unable to come to an agreement with the mother on visitation without court intervention, he will have to file an action to legitimize and he can then seek some form of custody & visitation. Child support... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: The other occupants didn't use all medical expenses can I max out the vehicle limit because my injury have more expenses

Got in an auto accident as a passenger, the driver and other passenger received less then ten thousand together, and I've billed 100 thousand over the policy limit but in need of a lot more surgeries have 14 herniated disks,11 can be shown as new damage and ligaments and tendons still damaged... View More

James Clifton
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James Clifton
answered on Jan 1, 2025

The most you can recover individually is $250,000 regardless of how much the other injured parties have used. If you are having trouble getting your expenses reimbursed by the insurance company, you need to engage an attorney to advocate on your behalf. There may be other avenues of recovery to... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Can I take my kids out of state to get away from my abusive husband?

If we go somewhere he can't find us can we establish residence away from him?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

If neither of you have filed for divorce and no standing order has gone into effect prohibiting either parent from removing the children from the court's jurisdiction, then technically either parent is able to travel with the children. However, if you remove the children and hide them from... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: Is not wanting to divorce your spouse a reason for a contestant divorce?

My ex and I have been apart for fourteen years. We just haven’t divorced yet. I have the paperwork to file for divorce myself as a non-contestant divorce with no minor children. The problem is that I can’t get him to meet me and sign them to get them notarized. I didn’t want to pay thousands... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Dec 30, 2024

Nothing. If someone refuses to sign the proper documents then you cannot file an uncontested divorce. You then have a contested divorce. You cannot force your spouse to sign papers they refuse to sign. So you would then file the proper pleadings, and have your spouse legally served. Your... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Is it ok to open a last will and testament that is in a sealed envelope?

My loved one is receiving hospice care and is nearing the end of her life. She told the family where her will was stored before she became incoherent. The will is in a sealed envelope.

James Clifton
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James Clifton
answered on Dec 29, 2024

Yes, it can be opened. Keep the original in a safe place so that it does not get lost or destroyed. Make a copy of the will just in case. If you need assistance interpreting or understanding any of the provisions in the will, schedule a free consultation. The consultation will also prepare you for... View More

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