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Georgia Business Law Questions & Answers
1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

Your HOA’s bylaws and covenants should provide guidance on this matter. If it does not contain the information, it may be best to speak with an attorney about the specifics of your case.

We have expanded our practice area, and we are glad to assist you. Call us today.

-The Upshaw...
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1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 14, 2019

It is best to refer to your covenants and/or bylaws; it should contain the rules about this topic. If your covenants and/bylaws do not contain the information, it may be best to consult an attorney who can assist you with the specifics of your case.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law for Georgia on
Q: Why is it unlawful to travel at (60 mph) on Expressways...in A School Bus.. When tansporting Students to & from Activity
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

Prohibitum per se laws make things illegal for no reason other than the dictates of the state.

1 Answer | Asked in Real Estate Law and Business Law for Georgia on
Q: The manager of our company used tenant's deposit to pay loan, then return back to account. Is that serious legal issue?

The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »

1 Answer | Asked in Business Law and Contracts for Georgia on
Q: The company I owned and the d/b/a sued by a very good attorney for less than 100,000.

my only income is my social security - can that be garnished?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

No.

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C....
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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I was served billybob, Inc., d/b/a grading and myname am I required to have an atty?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

To answer under your own name no, you have a constitutional right to defend yourself.

For the company yes, unless you're a GA licensed attorney you cannot defend the company. In certain circumstances the Court can waive that requirement. I would call the Clerk and ask.

Having...
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1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: Are there any laws that prohibit a manager from hiring his spouse It is a private business with seven employees

My manager hired his wife he has never called her a comanager but she makes decisions like he does she did not have to move up the food chain and she is definitely treated differently than the rest of us it is a privately owned business he does not have her clocking in and out as well he has... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 2, 2019

No.

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can new [patented] products limit their legal, public usage if intended for advertising?

Have a product idea, but wondering about some marketing kickbacks, so I'm going to use an example to explain what I mean...

Pretend I invented baseball caps and patent the product. Everyone decides they like them, so people buy and use them. Suddenly, a large corporation wants to put... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

If you have sufficient bargaining power, you can sell your product to individuals with a different deal to different groups.

So you can license one company to get the hats with a logo but you might control that you would be paid to apply to logo to the hat and build the profit margin in....
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1 Answer | Asked in Bankruptcy and Business Law for Georgia on
Q: does a confession of judgment from Miami florida apply in Georgia?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 16, 2019

It depends on how it was drafted. It has to be entered in defendant's resident county. It also depends on what stage the case is at. But generally yes.

2 Answers | Asked in Contracts and Business Law for Georgia on
Q: I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. See below

I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. It does not say what the competitive services are. He breached the contract by not paying the full amount by $96. The full amount was to be paid in 90 days, in 3 installments. He shorted me the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 15, 2019

Without reviewing the contract in its entirety it's impossible to predict what may happen if he tries to enforce the agreement.

Generally one person breaching does not void the entire contract and does not mean that another person's breach cannot be acted against.

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1 Answer | Asked in Business Law for Georgia on
Q: Is it considered “lobbying” to help advertise a business that is trying to get a conditional use permit

Company applied for a conditional use permit to build and operate a disposal facility. Would I be considered a lobbyist if I designed graphic materials for the company?

Tim Akpinar
Tim Akpinar answered on Aug 9, 2019

A Georgia attorney could provide the most reliable authority in terms of how lobbying might be defined by the laws of Georgia. But your question remains open for four weeks. As a general matter, I don't think a reasonable person would see what you're doing here as an artist as lobbying.... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I was over paid by my job 30000$ at the time I was in financial hurricane and used the money this was2017 2019 arrested

For theft by taking I recieved a letter saying pay 15k 1rst month 10k 2 month and 5k 3rd month I was fired ant last 2week checks was took

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 31, 2019

That's interesting but you haven't actually asked a question.

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1 Answer | Asked in Business Formation, Business Law and Car Accidents for Georgia on
Q: Hey I have a question on used tires. Is it illegal to sell dry rotted tires?
Tim Akpinar
Tim Akpinar answered on Jul 17, 2019

From a safety standpoint (and you can find professionals in the transportation and highway safety industry who are better qualified than attorneys to explain this), tires with dry rot can experience catastrophe failure leading to serious injury or death. From a legal standpoint, a Georgia attorney... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: Can I go after the franchisor if an officer of my corp. fraudulently encumbered my business?

This action arises from the findings of the court AFTER A Divorce case: Wife (an officer only) alters corp docs, tax returns, shares, etc. of my business and then executes a franchise agrmnt as "100% shareholder" with big company - third party w/o my knowledge. (all clearly stated in... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 14, 2019

You can try but it's going to be difficult and without all the facts, which you should not reveal on a firum, it's impossible to say whether it would be worth pursuing. I would suggest that you look for an attorney to help you go through the documents and gather any evidence that exists... Read more »

1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on
Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

1 Answer | Asked in Business Law, Contracts and Employment Law for Georgia on
Q: Can an independent contractor file a suit against a company for pay/ charges or do I need to be an employee to do so?

The company Truck Movers has deceptive business practices toward contractors. Changing pay rates after negotiating on a set price & charging us for items that they bill the customer for...Double dipping. Also, the customers have no idea about damages created by the actual company employees... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 8, 2019

Sure; in America anyone can sue anybody for anything at any time (even without a lawyer in small claims court). Winning the lawsuit is another matter. If you decide to sue you should be prepared to pay between $100 and $400 for the filing fee and then pay another hundred bucks or so for service of... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Georgia on
Q: How do I gain sole ownership of an online business that I started with someone else?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

Unless you provide much more information about the business and everything gone before between you and the person who apparently shut you out of the business you started you will not get many answers on this forum.

1 Answer | Asked in Business Formation and Business Law for Georgia on
Q: I want to open a wine subscription business based in Georgia.

I will be shipping wine monthly to subscribers. The wine will come from different wineries/cellars. Is that possible?

Adam Savett
Adam Savett answered on Apr 10, 2019

The answer is probably, but this is NOT a do-it-yourself endeavor.

You should seek a (preferably) Georgia licensed attorney with a specialization in alcohol sales & registration issues. If they have a background in interstate subscription shipping or direct-to-consumer business, then...
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1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on
Q: What's does domestic profit corporation mean?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 5, 2019

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... Read more »

1 Answer | Asked in Business Law for Georgia on
Q: I am in the process of starting a commercial cleaning business LLC. Do I need to obtain the business insurance first

before I apply for the business license

Nicole Theodore
Nicole Theodore answered on Mar 11, 2019

You don’t need to obtain your commercial liability insurance before you file your Articles of Organization with the state, but I would strongly recommend obtaining insurance before you begin accepting jobs/customers. I would recommend starting with filing your articles, getting an EIN, obtaining... Read more »

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