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Georgia Civil Litigation Questions & Answers

1 Answer | Asked in Federal Crimes, Personal Injury, Civil Litigation and Civil Rights for Georgia on

Q: If a child is drugged and raped by foster parent and neglected ignored and overlooked by child protection services and

My name is Daniel Huertas and I really need your help for the past 20 plus years the Cherokee county Georgia courts and CPS have violated neglected and ignored my rights Not only am I a sexual abuse surviver drugged and sexually abused by a Cherokee county Georgia foster parent Sherri Jo Wilkes in... Read more »

Peter N. Munsing answered on Aug 24, 2019

You have a case but you also have a statute of limitations issue. Contact the Ga. Trial Lawyers Assn and ask for the names of attorneys who have or are handling priest abuse cases.

They know the exceptions to statute of limitations but suing the state is always an issue because of...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Georgia on

Q: Need legal documentation

I need to submit a Motion to Reopen Chapter 7 case that has been discharged over a year to Vacate a Judgement lien on property that had a judgement on before I filed Chapter 13. I converted over to chapter 7 after the POA matter came up again and had it listed in my bankruptcy. The amount they... Read more »

Timothy Denison answered on Aug 14, 2019

You will have to file it in the bankruptcy action in which the discharge was granted.

1 Answer | Asked in Civil Litigation for Georgia on

Q: My mother in law passed away and my brother in law was her power of attorney. He has not probated. How do we do this?

How do we probate the will. He did not even notify siblings of the death. He has removed everything from her house. How do we get answers to my mother in laws estate?

Tim Akpinar answered on Aug 9, 2019

I'm very sorry for your loss. You could try reposting your question in the Probate and Estate Planning sections where an attorney who is knowledgeable in this area could have a better chance of noticing it. It was probably overlooked all this time in the Civil Litigation section. Good luck... 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 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 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 final decree... Read more »

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 and... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Georgia on

Q: If I have a ring that was sold without my knowledge.

My mom's ring was lost and construction workers found it. Without knowing they took it home cleaned it up and sold it. I learned of this on social media. One of the guys wives made contact with buyer who agreed to sell it back. Also was told ring was much more valueble after having it appraised.... Read more »

Brandon Alexander Thomas answered on Jul 13, 2019

It is only a crime to buy stolen items if a person 'knew or should have known' the item was stolen. The crime is called Theft by Recieving.

1 Answer | Asked in Business Formation and Civil Litigation for Georgia on

Q: I took my son into a haircutting service and They called him autistic (which he is not).

She had NO right to call my 2 year old son autistic and I feel like justice needs to be served. I have one witness for when I spoke to the manager who refused to give the corporate HR phone number and my son IS NOT autistic. Even if he was it ISNT her place to diagnose my son at a hair salon. This... Read more »

D. Mathew Blackburn answered on Jul 12, 2019

The phone number for customer service is 1 (800) 473-2825.

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Civil Litigation for Georgia on

Q: I live in an HOA Iam enduring harassment and nuisance behavior. My HOA won't help

This lady and her family bring her dogs to my home to do their business specifically in my yard even after I've asked them to stop.

Paula J. Mcgill answered on Jul 8, 2019

You can bring a civil action against her for nuisance and trespass.

If you haven't already done so, send a cease and desist letter or hire an attorney to do it. You can use that letter in court if she continues her behavior.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on

Q: Has the law changed o.c.g.a.9-14-43 the first time I understood it to say to be filed in the county I lived .

That didn't work. Judge told me to send it to the county of my conviction.i did ,now it was sent back . stating file it in the county I was incarcerated in. Who is right?

Ecleynne Mercy answered on Jul 1, 2019

The Habeas petition must be filed in the superior court of the county in which the petitioner is being detained (in prison).

Ga. Code Ann. § 9-14-43 (West)

1 Answer | Asked in Civil Litigation for Georgia on

Q: Lawyer of person I am sueing filled a discovery with court I didn’t received. I have a proof that I was out of country

They said it was delivered to me to answer but I have proof I was flying inn that day from Europe and was at home late at night. Is it falsifying documents form that lawyer side ? Can I use it to show how unethical defendant it ?

Paula J. Mcgill answered on Jun 24, 2019

How did the attorney say it was served, hand delivery, mail, etc.?

If the attorney said it was hand delivered to you and not to your address, you will be able to dispute it by showing you were out of the country. Demand the attorney show how it was served.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on

Q: I got a ride from a friend in 2017 to go buy me a car and we were pulled over they searched the car a found drugs weapon

The took money from me and I had nothing to do with what they found they sent a letter pursuant to ocga 9-16-11(b) so just this past Monday the driver of the car went to court and told the truth that i didn’t know anything about what was in his car how can I get my money back

Ecleynne Mercy answered on May 20, 2019

After the law enforcement takes your property, the State must file a civil forfeiture complaint against you, with notice. You then have 30 days to file an answer to the complaint. Once your answer has been filed, a hearing will be scheduled within 60 days. It is important to timely file an answer... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on

Q: It's day one of moving into my new rent house and I'm seeing roaches. Is it the landlord's responsibility or mine?

Bruce Alexander Minnick answered on May 20, 2019

It depends on the terms expressed in your written lease. Most apartment buildings provide pest control, while most stand-alone homes, townhomes and duplexes do not. Read your lease.

1 Answer | Asked in Civil Litigation for Georgia on

Q: In what professions is an expert required by georgia law

Tim Akpinar answered on May 9, 2019

Your question remains open for four weeks and is really something on which a Georgia attorney could provide the most meaningful input, in terms of Georgia law governing procedure and evidence. However, as a general matter throughout all jurisdictions, the use of experts is usually dictated by the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Georgia on

Q: I allowed a friend stay with my family for 6 months with the verbal understanding. She has left her belongings. Help

She has the key and alarm key fob for my home. Her belongings are taking up space. We have no written lease. She refuses to return phone calls or text messages. We have no way to communicate with her. How do we get her out of our home?

Bruce Alexander Minnick answered on May 1, 2019

Verbal understandings regarding anything to do with real property--including rent--are unenforceable; neither she nor you is bound by whatever was agreed. However, to protect yourself I would change all the locks and start legal eviction proceedings.

1 Answer | Asked in Civil Litigation for Georgia on

Q: How much money can an HOA charge a homeowner per month for pets exceeding a weight limit?

My HOA charges $150/ month, and I believe this is far too much. They argue that the fee is high because they are trying urge owners to give the pet away rather than agree to pay the fee. But I love my dog as part of my family and am not willing to get rid of her just because she weighs 18 lbs... Read more »

Samantha A Holloway answered on Apr 30, 2019

HOA regulations are set by the HOA bylaws. If you believe that the fee is excessive, research the bylaws and figure out how the bylaws are changed. Typically, it is done via majority vote of the homeowners.

2 Answers | Asked in Civil Litigation for Georgia on

Q: If I was serviced with a statement of claim and I refused to sign did I waive my rights to make an answer within 30 days

Can the plaintiff seek judgment and proceed to garnish my pay since I refused service

Bruce Alexander Minnick answered on Apr 30, 2019

There are way too many non-lawyers who still believe that they can get out of something merely by "refusing to sign" for something that is very important--to the other side. Rather than asking id you can still answer, you should spend your time answering and preparing for trial.

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on

Q: I was given a Breast Pump and the person that had given it to me is now trying to sue.

I did talk to the investigators at the sheriffs department and they said there is no case due to the fact that it was given, and that I had no obligation to even return the other items, but that I did to end the conflict. They had told me that there is no law on items that were given as the fact... Read more »

Ecleynne Mercy answered on Apr 29, 2019

If it was truly a gift and you have evidence of that then you should be good. Just know she can proceed in filing actions against you, however that does not mean she will be successful. Just because you have proof doesn't protect you from having to deal with it though. Now if she keeps harassing... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on

Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust

Bruce Alexander Minnick answered on Apr 8, 2019

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Georgia on

Q: Judgement filed against me in GA license suspended. Filed chapter 7 what to do now?

Accident was in 2009. Judgment in 2012. When my chapter 7 is discharged this month do i just take my papers to the DDS or will i need an attorney

Timothy Denison answered on Mar 25, 2019

Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.

2 Answers | Asked in Divorce, Personal Injury and Civil Litigation for Georgia on

Q: If messages were illegally obtained and sent to another party, would that other party be liable under this code?

A couple is going through a divorce. Husband broke into her Apple Watch and took pics of messages showing evidence of affair and sent messages to others. My question is are the other parties subject to this same rule (16-11-62) as they did not intentionally obtain the messages themselves.

Regina Irene Edwards answered on Mar 13, 2019

There isn't enough information to answer such a specific question. In general, evidence that is obtained in violation of the law cannot be used in court.

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