They are now threatening court if phone is not returned. Do I legally have to give it back.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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... View More
My defendant has a seemingly well-experienced attorney on HOA law
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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.
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
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
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?
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.
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?
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia
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
A heavy voodoo practitioner is making threats to harass, stalk, and harm.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?
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
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
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
I am looking for information on a home inspector / LLC owner.
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
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
