Get free answers to your Civil Litigation legal questions from lawyers in your area.
I am responding to a Motion for Summary Judgment that was given to me 5 days before the pre-trial hearing. I thought the Motion for Summary Judgment needed to be submitted to the court 30 days before the pre-trial hearing. Is this correct?
answered on Mar 14, 2025
Not exactly. Rule 6.6 of the Uniform Superior Court Rules provides "[m]otions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment." The fact that the MSJ was... View More 
My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More
answered on Mar 15, 2025
Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More
I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More
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answered on Mar 6, 2025
You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
answered on Feb 27, 2025
If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More
I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More
answered on Feb 26, 2025
There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More
I am involved in a legal case, and a Florida court has mailed a subpoena to a witness in Georgia to compel their appearance in court. The witness is reluctant to testify, and this subpoena is for a court appearance. Can the Florida court enforce this subpoena in Georgia, or are there specific... View More
answered on Feb 17, 2025
This issue is governed by the Uniform Interstate Depositions and Discovery Act since both Florida and Georgia adopted the law. Please see OCGA §§ 24-13-110 — 24-13-116 and follow it accordingly in order to have Georgia witness appear in court.
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
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
I purchased a product from a business and never received the product. It has been over a year and a half and the project is not completed. We had a verbal agreement
answered on Nov 15, 2024
A Georgia attorney could advise best, but your question remains open for a week. An attorney who handles civil litigation, contracts, or general business matters should be able to handle something like this. You could first send the company a brief letter asking where the product is, and what their... View More
Witness to shootout between patron n police clerk failed to tell 911 there was a gun until after the patron was killed by police in front of me
answered on Nov 11, 2024
Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the... View More
answered on Sep 9, 2024
There are two kinds of subpoenas: (1) a witness subpoena and (2) a subpoena for the production of evidence. Since your question pertains to a private company, I assume you intend to subpoena documents (i.e., evidence). In any case, the subpoena statutes may be found from OCGA 24-13-20 to OCGA... View More
I was kicked out of my fathers home and was made to give him “his” phone back (a phone I’ve made payments on for over the last almost year) and gave me my old phone I’d also paid for that I had when I came from my mothers house. I’m 18 years old and all of my financial information, work... View More
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answered on Jun 26, 2024
This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues:
1. Age of majority: Since you're 18, you're legally an adult in Georgia. This means you have the right to own property and enter into contracts independently.... View More
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.
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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
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
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
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
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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
What's the law on TV display and parental advisory Georgia law McDonough
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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... View More
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
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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
This would be Cherokee County GA
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
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
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
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
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
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.
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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
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