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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Georgia on
Q: Are HOAs in GA bound by covenants only or state law as well?

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation for Georgia on
Q: My ex bought me a truck as a gift, have witness and texts . Also promissory note and video.

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

James L. Arrasmith
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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

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

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.

T. Augustus Claus
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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

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

James L. Arrasmith
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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

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: If I was arrested in Gwinnett county and I checked In with a cell phone the officers asked me my screen lock and

Searched my phone and then once bailed it was not returned to me nor was any warrant issued. Wouldn’t that be theft?

Glenn T. Stern
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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

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1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Georgia on
Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?

Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?

James L. Arrasmith
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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

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
Alake Colwell Furlow
Alake Colwell Furlow
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

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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Georgia on
Q: How to serve a defendant if defendant refuses to provide address
James L. Arrasmith
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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

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1 Answer | Asked in Tax Law and Civil Litigation for Georgia on
Q: Hoy can i join the lawsuit against Optima Tax Relief?
James L. Arrasmith
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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...
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1 Answer | Asked in Banking and Civil Litigation for Georgia on
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to

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?

James L. Arrasmith
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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

1 Answer | Asked in Communications Law, Landlord - Tenant and Civil Litigation for Georgia on
Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?

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

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Georgia on
Q: Is it possible to over turn a lawsuit judgement?
T. Augustus Claus
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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

1 Answer | Asked in Contracts, Small Claims and Civil Litigation for Georgia on
Q: Can I sue?

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.

Sabrina A. Parker
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Sabrina A. Parker
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

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Landlord - Tenant for Georgia on
Q: What are the basics of predatory practices through a property management company?

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation, Family Law and Social Security for Georgia on
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Georgia on
Q: How to get kids from CPS when you have had no allegations against you.

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

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Probate for Georgia on
Q: THERE IS A WILL. The "no admin required" agreements can't be used when there is will? It's use is now evidence FRAUD????

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?

Anthony M. Avery
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answered on Nov 15, 2024

If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.

1 Answer | Asked in Civil Litigation for Georgia on
Q: is it illegal for my 18 year old friend to put me on her phone plan without my guardian knowing, and me paying for it?
Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
answered on Nov 12, 2024

If you are under 18, you need to have your guardians permission.

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Georgia on
Q: If plaintiff wins a judgment and defendant refuses to pay and appeal is denied and defendant still refuses to pay.

What are my options

Sabrina A. Parker
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Sabrina A. Parker
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.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: Da lied in court

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

James L. Arrasmith
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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...
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