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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: Can I file suit on an officer who discharged his firearm in my vehicle unlawfully?

I was charged with aggravated assault on an officer and locked up for 3 months until the charges were dismissed due to lack of prosecution

Michael D. Birchmore
Michael D. Birchmore answered on Sep 14, 2021

Can you? Sure. Would you win? Not likely. Still, speak with an attorney if you believe you need to pursue it.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Securities Law for Georgia on
Q: I have a levy on my house in Georgia by a person I have never entered into a contract with. Can I file a restraining

To prevent anymore interference on his part to make him stop interfering in my contract that he has already made a mess of. He was told in Dec2020 that he is not part of our real estate contract and not to attempt to speak on our buyers behalf. I do not know this person and he has now levied my... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 5, 2021

Restraining him won't resolve the lien. Meet with an attorney to discuss the actual situation and allow the attorney to ask questions. Only in this way will you find a way through your problems.

2 Answers | Asked in Criminal Law and Civil Litigation for Georgia on
Q: My son (14 yrs) got an Xbox from a friend of his. I got rid of it. I'm I going to jail?

Xbox is not allowed at my house. I gave my son everyday for a week to give it back or get rid of it. He refused and 1st said he bought it then it was given to him. I contacted the police they said I had the right to get rid of anything that I feel is not good for my child. When he plays he gets... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 25, 2021

It seems like the child gave your child a gift and you threw it away. However, hiring an attorney is more expensive than an xbox, so if you want the problem over and behind you, buy a new xbox and give it to the child's mother.

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1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: Can an adult do a religious exempt form for college in GA?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 5, 2021

Your question makes no sense. What are you wanting to do? What concerns you about getting what you want? You must explain your situation so that we can understand the context and substance of your question/concern. Try stating your question again and add more information this time.

1 Answer | Asked in Civil Litigation for Georgia on
Q: After you file a response and counterclaim in custody dispute in Georgia what is the law on when a hearing is supposed

To be held?

Michael D. Birchmore
Michael D. Birchmore answered on Jul 27, 2021

The Court will set the time for all the hearings in a case. If you are a proper party to the case, you will receive notice of the hearing.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Can my ex husband sue me for theft over a phone plan we had together?

When we were married we shared a phone plan. He made all the payments. When I left I took the phone I had and switched my number over to a new phone. Now he threatens me with suing me because I took the phone and also won’t pay him $659 for the phone itself. Can he do that?

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

This issue should have been resolved through the divorce.

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Where can I find extensive information on writ of habeas corpus. Everything I found so far is directing me to West law

I don't need West law. I need other resources not just scanty information and cases. Thanks

Michael D. Birchmore
Michael D. Birchmore answered on Jul 15, 2021

I'm not really sure what to tell you. Westlaw basically has a monopoly on all written material regarding legal issues. You might try reading the United States Code (Federal statutes). Still, statutes are interpreted by the courts on a daily basis. As courts write opinions (rulings), the... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Landlord - Tenant for Georgia on
Q: In a dispossess proceeding against me for a house I own. No notice. plaintiff won. entered illegally w/o sheriff

Eviction my property in Ga. No landlord tenant relatioinship. Person entred my house illegally, broke locks removed all belongings[2 story home ownd for 60+years family] Indiv. placed stuff in storage. I wasn't there, and dont know what was removed. Never seen storage unit. Also removed a... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 28, 2021

Wow. Sounds like you're into it. Did you have a question for us? You gave us a story; not a question. We can only answer questions that you put to us.

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex harasses both my family and I and is now stalking me.

My ex will call my family and I (we all have him blocked) via blocking his phone number at all hours of the night. We have been separated a year now. He also stalked all my profiles on every platform trying to reach out to me until I blocked him. NOW all of my accounts passwords are trying to be... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 24, 2021

You might consider requesting a temporary restraining (protective) order. These are the same thing and are typically referred to as a TPO or TRO depending on the person. Check with the Magistrate court in your county.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: My neighbor has surveillance on my home 24/7 and posts his videos to Facebook inaccurate information to make me look bad

My neighbor uses his security camera as surveillance on my home 24/7 and he uses his video 2 post to Facebook inaccurate information to make me look bad and harass me on social media the video that he posted on Facebook on June 13th 2021 I have downloaded and I have the post where he was harassing... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 15, 2021

It would be difficult to impossible to tell you whether what he does is improper or not. One would probably need to see the camera in question and how it is "aimed." It could be that he is simply trying to keep his property safer. As to suing him, what are your damages? How have you... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Georgia on
Q: Do you intervenors have a right to continue case of defendant kills himself.

Modification of custody filed in District in which I was divorced two hours away from where me and my daughter currently live. Defendants parents intervened & got his visitation. Defendant killed himself. I still have to drive and pick up my daughter from her grandparents four hours round-trip... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 14, 2021

Meet with a family law attorney to map out your course going forward.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Police came to my residence w a search warrant I was never shown or given a copy of. Is this legal to do?

The residence in question has a different address than what they said was on the warrant. So this is 2 part questions. Are they required to show u the warrant and hand u a copy. And 2. The residence they seized drugs in was different than one on the warrant I never saw. Are these things legal and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

These are questions that your defense attorney will address with you. I believe I know what you are thinking and why you are asking this question. If I am right, then the arguments that will need to be made will be argued later, down the road. The many facts that are so important are not known... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: When it says 60 days from day of seizure....does that mean just 60 calendar days or business days??
Michael D. Birchmore
Michael D. Birchmore answered on Jun 11, 2021

60 CALENDAR DAYS.

AFTER THE 60TH DAY, IT WILL OCCUR WITH OR WITHOUT NOTICE.

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Georgia on
Q: Can a licensed none consensual towing co. Tag and tow for expired registration. In the state of Georgia
Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Very sorry, but your question makes no sense. Please restate it and provide actual details the next time.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I signed a partnership agreement to start a new company. How do I back out before it gets started?

I signed a agreement to start a company. Nothing has been filed/registered/, the business does not yet exist. How do I back out of the agreement? I no longer have the financial assets to start one. My “partner” claims he signed the agreement thinking it was an already existing company. However... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 3, 2021

Honestly? Anytime a person engages in drafting their own legal documents without the aid of an experienced attorney, that person has made a mistake. You should meet with a business attorney now to see what, if anything, you are now facing that will be harmful to you and whether it can be... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... Read more »

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 14, 2021

I’m so sorry to hear about your situation. What county is your case in? You may have to ask for a continuance. I’m happy to discuss the situation with you and see if we can assist at the hearing on Monday.

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