Get free answers to your Civil Litigation legal questions from lawyers in your area.
Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to... View More
answered on Jan 29, 2024
Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict,... View More
My ex bought me a truck as a gift , the dealer said he would have to be the owner only because he bought it with a card. I would have to sign as a co buyer. He stated he was going to completely sign his name off the title as soon as it came . Fast forwarded. He offered to sign a promissory note and... View More
answered on Jan 15, 2024
In your situation, it's important to understand that gifts, once given, are typically considered the property of the recipient. The fact that your ex bought the truck for you and you have evidence such as witness testimony, texts, a promissory note, and a video stating his intention to gift... View More
we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.
answered on Jan 11, 2024
To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More
Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?
answered on Jan 11, 2024
In your situation, where your cell phone was taken by the police during an arrest and not returned, several legal issues are raised. First, it's important to understand that law enforcement has certain protocols for seizing property during an arrest. However, there should be a clear process... View More
Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?
answered on Jan 11, 2024
It sounds more like the police believe there is evidence of a crime on your phone, and they are holding it to potentially use it against you (or another) for that reason in court. Unless the prosecutors make a motion to forfeit the phone-it should be returned to you at the conclusion of your case.... View More
Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?
answered on Jan 2, 2024
In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can... View More
answered on Jan 2, 2024
It's not up to a defendant to make it easy for the plaintiff to serve them. If they won't provide a home address then you may have to use other resources to locate that address such as a background check, private investigator, skip trace, etc. You could also try and determine their... View More
answered on Jan 1, 2024
If you're trying to serve a defendant who refuses to provide their address, you may need to employ alternative methods of service as allowed by Georgia law. First, consider hiring a professional process server, as they have experience and resources to locate individuals for service of legal... View More
answered on Dec 31, 2023
If you're considering joining the lawsuit against Optima Tax Relief, there are several steps you should take:
Seek Legal Advice: First and foremost, consult with an attorney experienced in class action lawsuits or consumer protection law. They can evaluate your specific situation and... View More
Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?
answered on Dec 23, 2023
In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or... View More
Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself... View More
answered on Dec 21, 2023
In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this,... View More
answered on Dec 19, 2023
Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More
I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.
answered on Dec 18, 2023
Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or... View More
I want to know what grounds do I have as a tenant to fight for my rights against an awful and unfair property management company that preys on low income families?
answered on Nov 24, 2023
Predatory practices by a property management company can take various forms, such as unfair lease terms, excessive fees, or failure to maintain safe and habitable living conditions. As a tenant, you have rights protected under Georgia law and possibly local ordinances.
Firstly, familiarize... View More
Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist
answered on Nov 17, 2023
In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More
I was arrested for a traffic ticket and my kids were with me. My mother wouldn't get them and the lady wouldn't let my friend get em. My stepdaughter and their aunt tried. CPS lady said they had a hearing and daughter and aunt went to the court house and was told there was no hearing. At... View More
answered on Nov 16, 2023
You said that the children were left with you, but it is unclear whether there was an order awarding you custody or guardianship. I think you should speak directly with an attorney so you can provide more details about what rights you have to the minor children, then that attorney can determine... View More
How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?
answered on Nov 15, 2024
If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.
answered on Nov 12, 2024
If you are under 18, you need to have your guardians permission.
What are my options
answered on Nov 5, 2024
You can do post-judgment interrogatories to determine what, if any, assets they may have (i.e. personal property, bank accounts, earnings, etc.) so that you can seize the asset or garnish bank accounts and/or wages to satisfy the judgment.
While in court the da stated I gave consent to search my truck, I don't give consent no matter what. The facts are,, the officer said he could smell weed, I don't smoke nor carry weed, and after his statement he proceeds to open my door and pull me from truck, needless to say he found no... View More
answered on Oct 2, 2024
I'm sorry you're going through this difficult situation. It's important to take immediate steps to protect your rights. Consider finding a new attorney who can review the details of your case and provide a strong defense based on the facts you’ve shared.
Document everything... View More
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