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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Personal Injury, Car Accidents and Insurance Defense for Georgia on
Q: How should I be handling this? Getting my own attorney or going through the auto insurance company?

I was driving my spouse’s company car and was involved in an accident 22 months ago. I had permission to drive the car and was told by a company representative that as a spouse I was covered by the automotive insurance policy because my spouse also uses the vehicle for personal use. Yesterday I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

It is best to consult an attorney versus going through the insurance company. An attorney will work to protect your interests, and the insurance company’s primary objective is to protect their own interests.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: HOW DO I GET HELP FOR MY MOTHER WHO HAS HAD A STROKE & WAS SLAMMED & INJURED BY OFFICERS WHILE CUFFED BEHIND HER BACK.

TOOK PLACE IN TALBOTTON, GA BUT, I LIVE IN COLUMBUS. I REALLY NEED HELP. SHE HAS HAD SURGERY DUE TO WHAT HAPPENED.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 3, 2019

Your circumstance is unfortunate and concerning. It is best to consult an attorney who can go over the specifics of your case and discuss your options. Help is available.

We are glad to assist you. Contact us whenever you are ready. I wish you well.

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: Help! Company leasing to college kids said it’s unbreakable!?

I’m a college student who got a sublease to cover for me while I moved out of Athens to Atalanta for work. My contract said you can’t buy out of the lease or transfer it over to someone else and they don’t have a clause for if a tenant were to get hurt or move they said it’s not going to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

More information is needed to provide you with an accurate answer. It is best to consult an attorney who can review your lease and provide you with a more tailored response. We are glad to assist you. Contact us soon!

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: What to file for fraudulent SERVICE to allow to counterclaim on SMALL CLAIMS case (6/28) scheduled for default on 12/26?

Small claims case is scheduled for default hearing on 12/26, AFFIDAVIT OF SERVICE filed 07/01 appears to be fraudulent. What to file to remove default and allow to counterclaim? Defendant learned about the case after 30+15 days ellapsed, filed on 10/16 Opposition to "Request for Default Judgement"... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

You need to contact an attorney As Soon As Possible. More information is needed to provide you with an accurate answer. There are defenses available to you.

We are glad to assist you. Contact us today. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: If a solar installers abandons the job and the system did not pass inspection what can you do?

Paid $21000 dollars a year ago.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

More information is needed to provide you with an accurate answer. Much of what is available to you is going to depend heavily on the contract you would have signed with the company. It is best to consult an attorney who can review your contract and offer you a more tailored response.

We...
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3 Answers | Asked in Civil Litigation, Civil Rights, Family Law and Divorce for Georgia on
Q: What document do I need to submit to court to close a civil case after the judge has spoken on it and not dismiss it?

The judge has spoken on a civil contempt case and the case shows open and not closed. Child support enforcement cannot move forward with their case because the civil contempt case shows open. I don’t want to dismiss the case only close it.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

Your attorney should have prepared an order for the judge to sign. If you were not represented by an attorney, the judge should have given instructions. It is best to contact an attorney who can go over the specifics of your case and advise you on your next best steps.

We are glad to assist...
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1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Georgia on
Q: what is the law in rabun county for abandoned vehicles and houses on uncared for land?

@ 573 david drive this house is a nuisance and so is the vehicle parked at or in the right away for months now. just need some direction

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

The best practice in this case is to contact Code Enforcement.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

Your HOA’s bylaws and covenants should provide guidance on this matter. If it does not contain the information, it may be best to speak with an attorney about the specifics of your case.

We have expanded our practice area, and we are glad to assist you. Call us today.

-The Upshaw...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: I was demoted from a Operations Manager to a security guard. What are my options thur the eyes of the Law.

Nothing written to me removed because I was told I was not Branch Manager Material by the Branch Manager through Cotprate.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 15, 2019

Without more details about your case, it is difficult to understand and answer your question. It is best to consult an attorney who will be able to review your specific facts and provide you legal counsel.

We are glad to assist you.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 14, 2019

It is best to refer to your covenants and/or bylaws; it should contain the rules about this topic. If your covenants and/bylaws do not contain the information, it may be best to consult an attorney who can assist you with the specifics of your case.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: My husband left 4 years ago to work he has a Michigan drivers license he has an apartment in Michigan and has stayed the

Last 4 years we own a home I’m georgia where I reside I don’t work who is entitled to the home him or I my name is not on the deed but I have lived here for 5 years

Paula J. Mcgill
Paula J. Mcgill answered on Nov 5, 2019

The answer is too long for this type of forum.

However, if he bought the house during the marriage it is very likely you have equity in the property.

If he bought before you were married, you may still be entitled to an equitable share of the property.

Moreover, if you have...
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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: if a guest refuses to sign a lease, what should I do to get them evicted

Ex gf does not want to leave and does not want to sign lease rental agreement (month to month). what are my options? she has called the cops because I had to break in my basement (keys locked inside) and she has destroyed some of my personal property.

Anitra Walker
Anitra Walker answered on Sep 26, 2019

Although your ex-girlfriend has not signed an actual lease, because she is living in the property, a tenancy at will has been created. You will need to give her a 60-day notice to leave. If she remains after the 60th day, you can file a dispossessory (eviction proceeding) in the county in which... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: I was drugged and raped in foster home. I was ignored by child protection services what are my legal rights to justice

I reported the abuse to Cherokee County Georgia's child protection services caseworker. Who ignored it. I ran away short time later in fear for my safety because the caseworker told the foster parent I told her about the abuse,which got worse because of that. I was punished and thrown in juvenile... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

Foster parents are considered state employees for purposes of the Georgia State Tort Claims Act. OCGA § 50–21–22(7). However, OCGA § 50-21-24, provides that, "The state shall have no liability for losses resulting from: ... (7) Assault, battery, false imprisonment, false arrest, malicious... Read more »

2 Answers | Asked in Civil Litigation and Criminal Law for Georgia on
Q: I live in Walker County,twice in three weeks a police officer has knocked on my door. How can I find out why?

Is there a way to check for a warrant without calling the PD?

William Jaksa
William Jaksa answered on Sep 17, 2019

Check with the local courthouse and see if there is an outstanding or open warrant? The best way is to call the police or retainer a lawyer to make the call for you.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for Georgia on
Q: Can I file a claim for being incarcerated for a fraudulent indictment

Will a attorney take my case if I have strong grounds for a law suit claim

Gary Kollin
Gary Kollin answered on Aug 31, 2019

Only one way to find out. Consult a lawyer directly

1 Answer | Asked in Federal Crimes, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: If a child is drugged and raped by foster parent and neglected ignored and overlooked by child protection services and

My name is Daniel Huertas and I really need your help for the past 20 plus years the Cherokee county Georgia courts and CPS have violated neglected and ignored my rights Not only am I a sexual abuse surviver drugged and sexually abused by a Cherokee county Georgia foster parent Sherri Jo Wilkes in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You have a case but you also have a statute of limitations issue. Contact the Ga. Trial Lawyers Assn and ask for the names of attorneys who have or are handling priest abuse cases.

They know the exceptions to statute of limitations but suing the state is always an issue because of...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Georgia on
Q: Need legal documentation

I need to submit a Motion to Reopen Chapter 7 case that has been discharged over a year to Vacate a Judgement lien on property that had a judgement on before I filed Chapter 13. I converted over to chapter 7 after the POA matter came up again and had it listed in my bankruptcy. The amount they... Read more »

Timothy Denison
Timothy Denison answered on Aug 14, 2019

You will have to file it in the bankruptcy action in which the discharge was granted.

1 Answer | Asked in Civil Litigation for Georgia on
Q: My mother in law passed away and my brother in law was her power of attorney. He has not probated. How do we do this?

How do we probate the will. He did not even notify siblings of the death. He has removed everything from her house. How do we get answers to my mother in laws estate?

Tim Akpinar
Tim Akpinar answered on Aug 9, 2019

I'm very sorry for your loss. You could try reposting your question in the Probate and Estate Planning sections where an attorney who is knowledgeable in this area could have a better chance of noticing it. It was probably overlooked all this time in the Civil Litigation section. Good luck... Read more »

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