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Georgia Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation and Family Law for Georgia on
Q: A phone was gifted to me from parents however parents are still making payments on the phone. They now want it back.

They are now threatening court if phone is not returned. Do I legally have to give it back.

James L. Arrasmith
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answered on Sep 24, 2023

If the phone was genuinely given to you as a gift without conditions, it typically becomes your property. However, if they can prove it was provided with conditions or that it was not a genuine gift, they may have a claim to it. To determine the best course of action, you should consider the... View More

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1 Answer | Asked in Civil Litigation, Family Law and Gov & Administrative Law for Georgia on
Q: , is there something I can find in in GA law that stated that for name change only marriage certificate is required?

Name change after marriage, need proof that only marriage certificate is required by Ga law, no court order, is there something in GA law I can use? Requirements in a different country to specify name change

T. Augustus Claus
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answered on Sep 21, 2023

In Georgia, changing your last name after marriage can generally be done using your marriage certificate as legal proof, without the need for a court order. This should be sufficient for changing your name on identification documents like your driver's license and Social Security card.

1 Answer | Asked in Civil Litigation for Georgia on
Q: What is ligon v bartis
Michael W. Horst
Michael W. Horst
answered on Sep 21, 2023

Ligon v. Bartis involved a personal injury matter which ultimately made its way to the Georgia Court of Appeals - twice.

The first decision was handed down in 2000. The case cite is Ligon v. Bartis, 243 Ga. App. 328, 530 S.E.2d 773 (2000). The issue at hand pertained to a motion to...
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1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Georgia on
Q: how do I find a lawyer who has lots of recent HOA experience in the Georgia Superior Court in Atlanta?

My defendant has a seemingly well-experienced attorney on HOA law

James Clifton
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James Clifton
answered on Sep 19, 2023

You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Georgia on
Q: My license is suspended in Georgia under the rights and responsibilities act, does this suspension expire

They have been suspended 15 years on a judgment I never even received notice on and they want me to pay a private attorney to get my license back

T. Augustus Claus
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answered on Sep 7, 2023

In Georgia, driver's license suspensions can occur for various reasons, including failure to address certain legal obligations or fines. If your license is suspended under the Rights and Responsibilities Act, it's essential to understand the specific circumstances leading to the... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Litigation for Georgia on
Q: Lawsuit after false TPO?

My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...

I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.

The divorce was concluded 2 years... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.

3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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2 Answers | Asked in Business Formation, Civil Litigation and Collections for Georgia on
Q: A promissory not that hasn’t been paid was due 7/21/2020 what can I do
T. Augustus Claus
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answered on Aug 28, 2023

If you have a promissory note that was due on 7/21/2020 and has not been paid, you have several options to consider. First, you could try reaching out to the debtor to remind them of the outstanding payment and discuss the situation. It's possible that there might have been a misunderstanding... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: We have a court order. My ex is refusing to return my son during what is rightfully my time. If my ex isn’t with my son

We have a court order. My ex is refusing to return my son during what is rightfully my time. If my ex isn’t with my son, can I get him?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 21, 2023

You should speak directly with an attorney. Because we cannot advise you to simply go pick up the child without knowing where and from whom, as the situation could pose a danger. You could involve the police and have them meet you to pick up the minor child with a copy of your court order. But... View More

3 Answers | Asked in Child Custody and Civil Litigation for Georgia on
Q: I need to file an emergency request for an expedited hearing in Georgia. Does other party need to be served?

I'm filing pro se as this is an extremely time sensitive matter. Do I need to have the other party served as I'm requesting an emergency hearing or will the other party be served at a later time?

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 20, 2023

In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis where the other party does not need to be served prior to the emergency order. But in most cases, you will need to serve the opposing party prior to the matter being heard by the court.

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3 Answers | Asked in Child Custody and Civil Litigation for Georgia on
Q: I need to file an emergency request for an expedited hearing in Georgia. Does other party need to be served?

I'm filing pro se as this is an extremely time sensitive matter. Do I need to have the other party served as I'm requesting an emergency hearing or will the other party be served at a later time?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 21, 2023

Hire an attorney to represent you. A lot of matters will not move forward without proof of service. Not knowing more information about what type of emergency action you have, it is likely that the other party should be properly served before the court will take up the matter.

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2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Georgia on
Q: Does a 1099c prevent creditors from collecting on a debt via arbitration?
T. Augustus Claus
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answered on Aug 17, 2023

Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: How do I ask the court to void (for lack of better term) a non valid custody order?

2012 in PA dad filed for custody. "Settled" outside of court. Order states (in dads writing) mother will have PPC . between age 3-5 father has right to assume PPC. Once child reaches school age, parents will come to new agreement as to whom has PPC. Child lived w/ mom and both moved... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Elder Law for Georgia on
Q: Can someone us a specific power of attorney to convince notary person to that they have power of attorney over their par

Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?

Anthony M. Avery
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answered on Aug 1, 2023

If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Georgia on
Q: Can my sister legally have the house put in solely her name without consent of other 4 children

My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia

James Clifton
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James Clifton
answered on Jul 23, 2023

No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Are there any laws that protects victims from the threat of witchcraft/voodoo ? If so, can you please disclose them !

A heavy voodoo practitioner is making threats to harass, stalk, and harm.

T. Augustus Claus
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answered on Jul 17, 2023

It's important to contact local law enforcement and report any threats or acts of harassment or stalking. They can investigate the situation and take appropriate action based on the evidence and applicable laws in your jurisdiction.

While laws vary from state to state, most...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Georgia on
Q: What do you do if people in the court falsified transcript record. And you have proof a recording of the event

But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?

Michael W. Horst
Michael W. Horst
answered on Jul 9, 2023

Rule 22 of the Uniform Superior Court Rules for the Superior Court is strict in terms of its prohibition of recording devices allowed in court rooms. Generally speaking, recording devices are prohibited unless specifically authorized by the judge. But even assuming your mom was authorized to... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Procedural question O.C.G.A. 33-7-11.

Serve the uninsured/underinsured insurance carrier as though the were a named defendant. Create a summons in the name of the insurance company while leaving them unmentioned in the complaint. They can answer in the name of the driver, owner, or both or in their own name. By answering in their own... View More

James Clifton
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James Clifton
answered on Jul 2, 2023

You would not need to amend the complaint, as the insurance company has entered the case as a matter of right under the law to defend itself and its insured. Unless the insurance company denies that the named defendant is insured by them, the insurance company will typically admit or stipulate to... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: How do I file a motion to request appointed counsel for a civil case ga
Michael W. Horst
Michael W. Horst
answered on May 8, 2023

There is no basis under Georgia law for a judge to appoint counsel in a civil case. It is true that in some criminal cases a judge will appoint an attorney to an accused, but that does not exist in the civil arena.

While a judge cannot appoint counsel in a civil case, that does not mean...
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