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Georgia Civil Litigation Questions & Answers

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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1 Answer | Asked in Civil Litigation, Traffic Tickets, Criminal Law and Immigration Law for Georgia on

Q: Will a Attorney who specializes in ticket law be all I need to represent me in court although I am a non citizen?

What are the types of Attorney someone in my shoes would need for a no license ? Someone with no prior record, could I represent myself by committing guilt by paying ticket? As a non citizen is it a bad idea to agree to charges will that put me at risk?

Kelli Y Allen answered on Feb 27, 2019

Your status does not affect the criminal proceedings, but might bring you to the attention of law enforcement who could start removal proceedings. Hire a criminal defense attorney to discuss the best way to handle the ticket. If you are brought to the attention of ICE and are referred to... Read more »

3 Answers | Asked in Family Law, Child Custody and Civil Litigation for Georgia on

Q: How do i file a 9-15-14? Can i file against attorney and/or client?

Ellaretha Coleman answered on Feb 27, 2019

In order to prevail on a 9-15-14 claim, you need to be incurring attorney's fees. If you are represented by counsel, you need to discuss whether this is a viable option for you with them. If you are not represented by counsel and believe that the other party has either brought a frivolous claim... Read more »

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

Q: If an office enter a home without a search warrant or probable casue, could he testify and be witness

This office took everything to his advantage there were no arrested nor charges against the defendant. It was the officer whom testified was the only witness

...

David Edward Boyle answered on Feb 4, 2019

Yes, he can always testify. Whether the search was illegal such that the results of it can be suppressed are a different inquiry. I would encourage you to hire a lawyer.

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

Q: A police report was filed against me, accusing me of yelling and causing a scene. It is false. What should I do?

A business vehicle (vendor for a wedding) was driving erratically through a local public outdoor museum and almost hit my young children. I approached the vehicle and told them to slow down, as they were driving on a pedestrian only area. They told me they weren’t going that fast and nobody was... Read more »

David Edward Boyle answered on Jan 17, 2019

The police report is merely a statement of what the driver told the police. If no charges are being sought against you there is nothing to do.

3 Answers | Asked in Child Support, Civil Litigation and Family Law for Georgia on

Q: Can I sue the Division of Human Services Child support for slander, not giving customer service?

Lying, not giving information in a timely manner, not returning money, not registering a case in a timely manner false imprisonment.

Regina Irene Edwards answered on Dec 5, 2018

No, you cannot sue them.

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

Q: What is the penalty for illegally dumping in a business’s dumpster? First time offense

Ecleynne Mercy answered on Nov 28, 2018

OCGA 16-7-52 makes it unlawful for any person to intentionally dump egregious litter unless authorized to do so by law or by a duly issued permit.

Under 16-7-53, egregious littering is punishable either as a misdemeanor of a high and aggravated nature or as a felony depending upon type of...
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2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Libel & Slander for Georgia on

Q: If I purchase a car through an auction house and contract with the company to install screens only and:

specifically told him to ensure the company did not put excess miles on my car and he lied to me for over 5 months that the work was being done then finally deliver the car with over 6 thousand miles and maintenance oil and filter light, can I sue them? Who would be good at this at a reasonable... Read more »

William Head answered on Nov 28, 2018

Not the type of case we handle.

Sorry.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on

Q: What options does a losing party have if a Motion to Dismiss was granted based on a claim not raised in the pleadings?

The court made a decision based on the pleadings. Neither party requested a judgment on the pleadings, nor was a hearing scheduled. There was no trial. A Motion to Dismiss was granted based on an issue that was not raised by the opposing party, therefore there was not an opportunity given to defend... Read more »

Regina Irene Edwards answered on Nov 7, 2018

All Motions are to be decided without a hearing unless one is specifically requested, or it's a specific type of motion. If a Motion to Dismiss was filed, and there was no response, then the judge is entitled to grant the Motion and dismiss the case. Most times, it is possible to refile the case,... Read more »

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2 Answers | Asked in Civil Litigation and Family Law for Georgia on

Q: Is a Motion for New Trial proper for a judgment on the pleadings? Is there a law that allows or prevents it?

Regina Irene Edwards answered on Nov 7, 2018

There is no way to answer your question without reviewing the judgment. You should consult with an experienced family law attorney so he or she can review your documents and give you specific advice.

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1 Answer | Asked in Contracts and Civil Litigation for Georgia on

Q: Are all parties' signatures required for an Interpleader case to be filed?

Is there any time limit between the parties signing an interpleader notice to the court and the filing of the document?

Thomas A. Grossman answered on Nov 5, 2018

Assuming that a lawsuit has already been filed, and the plaintiff and defendant have both filed their respective papers (a Complaint and an Answer), and assuming that you are the person who wants to interplead into the action, I am pretty sure that you would have to prepare papers as an... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Health Care Law and Wrongful Death for Georgia on

Q: I am trying to find Georgia law stating that a patient having suicidal ideation cannot be forced to be transported

What is the Georgia law about a person being suicidal. I have been told that we in Ems in Georgia cannot force a suicidal patient to be transported to hospital for evaluation.

David Edward Boyle answered on Nov 2, 2018

A person can be involuntary committed by a medical facility if they are an imminent threat of committing harm to themselves or others.

3 Answers | Asked in Civil Litigation for Georgia on

Q: Can I file a Motion myself even if I already have an attorney? Will my document be valid? The deadline is near.

I haven't heard back from my lawyer and there is a deadline around the corner. Can I file a Motion for Reconsideration for my case?

P. Justin Thrailkill answered on Oct 31, 2018

No, you cannot file if you have an attorney. You need to speak with your attorney or terminate that attorney and then file.

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2 Answers | Asked in Civil Litigation for Georgia on

Q: How much notice (time) must a Plaintiff's Attorney give a Pro se defendant to appear at a deposition?

Is a Plaintiff's Attorney obligated to speak to a Defendant Pro se

Ellaretha Coleman answered on Oct 31, 2018

The rules only require reasonable notice. There is no prescribed timeline of how much notice is required.

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1 Answer | Asked in Civil Litigation for Georgia on

Q: GENERALLY SPEAKING (no case), What filings can toll the time for filing notice of appeal in superior court Georgia?

Ellaretha Coleman answered on Oct 28, 2018

A Motion for New Trial if timely filed, may toll the time for filing an appeal.

1 Answer | Asked in Civil Litigation for Georgia on

Q: Generally speaking, What filings can toll the time for filing notice of appeal in superior court Georgia?

Ellaretha Coleman answered on Oct 26, 2018

That will depend on the circumstances of your case. You should sit down with an experienced attorney to discuss your options for an appeal and whether or not it is possible to toll your time for filing an appeal.

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

Q: I got this charge never got any trouble with the law, would I go to jail for this?

Drug related object in the car with me

Gary Kollin answered on Oct 19, 2018

What charge is it?

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2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Personal Injury for Georgia on

Q: I have a merit badge for Law for Scouts. Can you please tell me what the duties and responsibilities of an attorney are

Gary Kollin answered on Oct 16, 2018

When I was growing up we had a place called a library where there were books, periodicals, encyclopedias and the like.

When we wanted to learn about a subject we would read instead of asking someone to work for us.

Today we do not have to go to the library. We have the internet...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Civil Litigation for Georgia on

Q: Have the follow up question below (Roy)

Thx! We signed an agreement for a amount ageed upon. Now i got a modification form. Our ageement was filed in civil court. We had no time frame stated. Can CS make me break that contract and participate in the new modification order as if the prior agreement doesn't exist?

Regina Irene Edwards answered on Oct 14, 2018

Your question is too specific to be answered. I don't know where the agreement was filed, if there is a valid order, or if child support enforcement still has your case. You should gather all of your paperwork and consult with a family law attorney so they can give you advice about your case.... Read more »

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