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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: What technology do lawyers use to communicate with clients, present evidence to clients, and update them in real time?

We're developing commercial technology to absolutely remove or reduce legal paperwork, real time effortless evidence and detail updates between client/lawyer cases, real-time rapid case communication between lawyer/client. Overall simplifying client/ lawyer interaction and courtroom litigation.

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Nationwide, the tried and trusted methods are phone, email, and regular mail. However, law firms can operate differently from one another in terms of embracing technology. There are offices that still use faxes,... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Georgia on
Q: How long does one have to file a whistleblower suit against a government agency?

In the State of GA - How long does one have to file a whistleblower suit against a government agency?

Kimberly Grant
Kimberly Grant
answered on Jun 20, 2022

A whistleblower action must be brought within 6 years after the date the violation was committed.

Kim

1 Answer | Asked in Civil Litigation for Georgia on
Q: I was molested in 1989 at age 5 by my, at the time, 15 yr old cousin. Can he pay for his crimes or is it too late?

I never said anything or pressed charges because I didn’t want to burden my aunt and uncle and I was ashamed. I always figured it was too late to do something. When I found out that there was another victim and that the offender is still infatuated with children per his Facebook page, I felt the... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 9, 2022

In the civil context, because the abuse occurred before July 1, 2015, you would have had to file a civil lawsuit on or before your 23rd birthday. See O.C.G.A. section 9-3-33.1. Thus, any civil claim will likely be time barred.

In the criminal context, prosecution would have had to occur...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: Hello. Cam a lawyer please help me.with my case? I want to sue but do not have funds to pay up front. God Bless.

Hello. On 1-3-2022 I was pull over for non-working brake lights (pre-video evidence,they work) 12 broken ribs and lung collapsed and multiple dog bites as well as getting hit by the officers and they admitted to striking in police report. I need help please.

Kimberly Grant
Kimberly Grant
answered on Jun 8, 2022

An attorney probably needs to know more about the facts, before they can agree to represent you. They will want to know if you complied with the police requests or if you were the aggressor. They would likely want to know if you were under the influence of any medications at the time. There are... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Georgia on
Q: What type of attorney should I seek for housing discrimination that is not a protected class under the fair housing law?

I was discriminated against in Georgia based on source of income but this class is not protected under the fair housing law in GA. Is it a personal injury attorney I should seek?

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Personal injury attorneys tend to deal more with physical injury matters involving insurance. You could search for attorneys with experience in civil rights and housing discrimination. It looks like you're... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: My brother was hit by a car running from cops. Can the officers be held liable for injuries caused by this incident

The officers didn't radio it in or try to stop the hit and run

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 30, 2022

This question brings up Qualified Immunity, which is a defense under which cops are immune from civil suits for violating constitutional (i.e. arguably your brother's 4th amendment unreasonable seizure right and possibly an excessive force claim) and statutory rights in the course of... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I was storing an antique coffee table (amongst other things) in my ex father in laws basement.

when i recovered my property the table was not there, he gave it to his stepson and they will not return it what can i do?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 28, 2022

Honestly? Probably chalk this up to an experience to learn from. When you no longer had the family connection ("ex" father-in-law) you should have removed everything from the house immediately. You could sue them of course, but then you would only get the table if you won. On the... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Hi, I fired an attorney and the attorney falsely represented me two months later at a deposition I never knew about.

The attorney lied on me in the deposition and it hurt my civil case in which I was a victim of a car accident. He has had a close relationship with the opposing counsel the whole time and left me hanging since I didn't take a low ball offer. After firing the attorney, the lawyer then lied to... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to attorneys to discuss the file and figure out its disposition in terms of the motion you describe and other issues. It would be difficult for attorneys here to reach... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Partner Financed vehicle, allowed me to make payments for 8 months. Without reason, came and reclaimed vehicle.

Refuses to return the vehicle and continue to deal, and refuses to give me any money back that have been paid into the vehicle. It was financed in their name. Verbal agreement on me keeping the vehicle and making payments.

Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

Since there is no written contract about the essential terms of you all's verbal agreement, then much more information will be needed to better answer your question. Whether there are any written communications (text messages, emails, etc.) that indicate an understanding between you all. I... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: My in-laws live on my property and share my well. I turned the water off to their home. Can I legally do this?
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 24, 2022

If they are considered tenants, no. That would be a wrongful eviction. It is also a criminal violation.

If you want your in-laws gone, give them notice to vacate in accordance with the law. If they don't leave, file for an eviction.

1 Answer | Asked in Civil Litigation for Georgia on
Q: Does the one party consent law allow me to record my wifes conversations I am not a party to.

Can I set up a voice activated recorder to hear what she says when I'm not around.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jan 31, 2022

The One Party Consent rule means that at least one (1) person to the conversation must know of the conversation being recorded. If only two (2) people are involved in the conversation, then one of the two must know of the conversation being recorded. Given that you won't be a party to the... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Litigation for Georgia on
Q: If I paid a retainer in 2020 and atty didn’t tell me she rep the def prev. Will she have to pay it back?
Robbie Levin
Robbie Levin
answered on Jan 25, 2022

You should discuss it with your attorney.

1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Is it illegal to serve process on a 15 year old?
Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: How do I file for a motion for dismissal of civil claim? Plaintiff has lied. Contract give us both same responsibility

He has filed a claim as if he had o responsibility, even tho our contract says different

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

Without more information on the circumstances surrounding the dispute, a complete answer cannot be given. However, filing a motion to dismiss can be done for a variety of reasons and is case specific. Therefore, It is highly recommended that you contact an attorney that specializes in civil suits.... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: How does the lemon law work for used vehicles

We (My wife and I) purchased a vehicle from a dealer and when we bought it the check engine light was not on. We bought the vehicle in TN and drove it to Ga. Before purchasing the vehicle we told the salesmen we needed emissions done in our state. He told us that her does not due emissions. We got... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 13, 2021

The GA Lemon Law will not help you here. The GA law is available only on brand new vehicles. Also, as you bought the vehicle in TN, you must look to the TN law(s) for your remedy if one is available.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: How do I answer a complaint?

A contract was signed and broken. A new contract was made, and implemented with automatic payments, then I received a summons.

Glenn M. Lyon
Glenn M. Lyon
answered on Dec 8, 2021

Generally, you must file an answer with the court within 30 days of when the summons and complaint were officially served on you. As far as what to include in your answer, that is certainly too complicated for an online Q&A forum. Retain a litigation attorney and they will advise you on how... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Civil Litigation for Georgia on
Q: If my license was suspended, 20 years ago due to failure to pay a judgement, how long can they keep the suspension?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 18, 2021

I WOULD ASSUME FOREVER. IF THE LICENSE IS SUSPENDED, YOU WILL HAVE TO APPLY FOR A NEW ONE. WHENEVER YOU APPLY, THE ARREARAGE WILL COME UP AND LIKELY DENY YOUR APPLICATION. PLEASE NOTE THOUGH, I AM PRETTY MUCH GUESSING AS TO YOUR ACTUAL SITUATION. TO PROTECT YOURSELF, YOU SHOULD MEET WITH AN... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 18, 2021

IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: I wanted to ask if a mobile that has only the steps attached, no wheels and axles is it affixed or personal property ?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 18, 2021

If the axle for trailer has been removed and the trailer is now "seated," it is considered to be real property (like land, house, etc.) and no longer personal property. You did not provide many facts in your question. Accordingly, you should meet with a real estate attorney to confirm... Read more »

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