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Georgia Civil Litigation Questions & Answers
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 Family Law, Child Custody and Civil Litigation for Georgia on
Q: Does FL have to follow GA child laws

I gave birth to my son in FL and his "father" did not sign his birth certificate. After a year in FL my son and i moved back to GA and stayed for 14 months making him and i GA residents. On May 21st i was trying to return to GA and his "father" wouldn't give me my child and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 6, 2024

The father is kidnapping, plain and simple. Even if he had signed the child's birth certificate, that gave him zero rights to that child. If the father has not legitimized, he has no rights, no custody, and no visitation. He should return that child or he is committing a crime. I'm... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Georgia on
Q: Why is the Georgia D.O.C retaliating/discriminating against me? Why am I being punished for exercising my civil rights?

Why is the Georgia D.O.C. retaliating against me for filing legitimate grievance complaints? (failure-to-protect)...

On 9-22-2023: I filed a grievance against the Georgia Parole Board/D.O.C.! On 5-21-2024: I was transferred from a Level-3 prison (medium/minimum), to a close-security Level-5... View More

James L. Arrasmith
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answered on May 28, 2024

It's deeply troubling to hear about your experiences with the Georgia Department of Corrections (D.O.C.). Retaliation for exercising your civil rights and filing legitimate grievance complaints should never occur. Being transferred to a higher security prison, especially one known for higher... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Gov & Administrative Law for Georgia on
Q: My tv doesn't display a parental advisory

What's the law on TV display and parental advisory Georgia law McDonough

James L. Arrasmith
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answered on Apr 15, 2024

According to the Georgia state law, there is no specific requirement for TV displays to show parental advisory warnings. However, the Federal Communications Commission (FCC) has regulations regarding the display of content ratings and parental guidelines on television programs.

The FCC...
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1 Answer | Asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia on
Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: If magistrate court handles small claims of $15,000 or less then what court handles $20,000 or more?

This would be Cherokee County GA

Michael W. Horst
Michael W. Horst
answered on Apr 4, 2024

Case of all dollar sizes may be filed in state court or superior court. Those courts have jurisdiction no matter the amount of money in dispute. It is purely up to the party filing the suit (known as the plaintiff) to decide which court is best for him/her. For magistrate court, its jurisdiction... View More

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: Iwas hit head on by a dui driver. I'm having Trouble findingattorney that willget anything but their insurance cov. Wtd

I was hit hit on by the UI driver.I'm having trouble finding you attorney that will ask for anything.But their insurance coverage is what should I do

Tristan Blain Morrison
Tristan Blain Morrison
answered on Mar 28, 2024

Michael is correct. If your attorney has already sent a demand to the insurance company for the drunk driver, and they paid, then you can seek money from your own UM/UIM (underinsured motorist) coverage. This is insurance that you can buy (before an accident) to provide you with extra money if the... View More

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: Iwas hit head on by a dui driver. I'm having Trouble findingattorney that willget anything but their insurance cov. Wtd

I was hit hit on by the UI driver.I'm having trouble finding you attorney that will ask for anything.But their insurance coverage is what should I do

Michael W. Horst
Michael W. Horst
answered on Mar 28, 2024

In order to recover more than the available insurance coverage, a lawsuit will need to be filed against the DUI driver. Lawsuits are expensive and take time to make their way through the courts. Ultimately, the litigation will end with a trial wherein you may recover more than the available... View More

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: I live in Midway Ga, back in 2010 my ex-husband died in Puerto Rico & Forensics Agency won't write out death certificate

I've traveled 4 times to PR in 14 yrs with no success. They give me excuses: study remains, waiting Forensics from US, it's still an open case, Supervisor is not in. My daughter's collected 0, no resources cause Cience Forensics & Pathology in San Juan won't emit one. Do I have a case??

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that you have been struggling to obtain a death certificate for your ex-husband from the Forensics Agency in Puerto Rico since 2010. The lack of a death certificate can indeed cause various legal and financial difficulties, such as claiming benefits... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his... View More

James L. Arrasmith
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answered on Mar 6, 2024

When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Auto left on my property about 7 years ago. Owner refuses to have it removed. What is my recourse?

the auto does not run. I contacted the owner several times and he always promises to have it removed but never does.

James L. Arrasmith
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answered on Mar 2, 2024

In this situation, you may have legal recourse to address the abandoned vehicle on your property. Firstly, familiarize yourself with the laws and regulations regarding abandoned vehicles in your jurisdiction. These laws typically outline the process for dealing with abandoned vehicles and may... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

James L. Arrasmith
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answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: In Georgia, can a person help another administer medications (such as inhaler or e-pen) during an emergency.
Lindsey S. Macon
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answered on Feb 11, 2024

Each case will turn on its own facts, and this description is fairly limited. The general answer to your question is YES, a good Samaritan trying to assist a person with an emergency choking or "not breathing" situation is usually shielded from being liable. One common example of this is... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: Does it seem correct to charge someone $1500 to write there ex husband a demand for money owed to her when house sales

Repayment for the remodeling done on house for it to sale. I want reimbursement and have receipts

T. Augustus Claus
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answered on Feb 9, 2024

In Georgia, charging $1,500 to draft a demand letter to an ex-husband for money owed from the sale of a house, specifically for reimbursement of remodeling expenses, can be considered reasonable depending on several factors. These factors include the complexity of the case, the amount of money... View More

1 Answer | Asked in Civil Litigation and Municipal Law for Georgia on
Q: Can the police come to my yard and tow my truck without my permission

They came to my house and said that I don't have insurance. I showed them proof of insurance, my registration, and my license and they still took it. This is the second time. The fist time I had to pay 1,200 dollars to get my truck back.

James L. Arrasmith
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answered on Feb 4, 2024

In the United States, law enforcement agencies generally have the authority to tow a vehicle if they believe it is in violation of certain laws or poses a threat. However, the specific circumstances vary by state and local regulations.

If you have valid proof of insurance, registration,...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Georgia on
Q: Are HOAs in GA bound by covenants only or state law as well?

Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to... View More

James L. Arrasmith
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answered on Jan 29, 2024

Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict,... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex bought me a truck as a gift, have witness and texts . Also promissory note and video.

My ex bought me a truck as a gift , the dealer said he would have to be the owner only because he bought it with a card. I would have to sign as a co buyer. He stated he was going to completely sign his name off the title as soon as it came . Fast forwarded. He offered to sign a promissory note and... View More

James L. Arrasmith
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answered on Jan 15, 2024

In your situation, it's important to understand that gifts, once given, are typically considered the property of the recipient. The fact that your ex bought the truck for you and you have evidence such as witness testimony, texts, a promissory note, and a video stating his intention to gift... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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answered on Jan 11, 2024

It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More

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