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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Am I required to provide defendant with copies of my evidence if they defaulted?

I have an upcoming default hearing in the Fulton County Magistrate Court this September, the hearing will be done via zoom and I want to submit my evidence electronically to the Court. The Defendant failed to answer the complaint or move to open default nearly 4 months after being served leading me... View More

Michael W. Horst
Michael W. Horst
answered on Sep 9, 2024

At the default hearing you will tender your evidence to the Court. If the defendant appears at the hearing, he will be able to review the evidence at the same time you tender it to the Court. However, under no circumstances do you have to provide your evidence to the defendant prior to the... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: If I live here in GA, but my issue resides in FL, what state do I need to talk to a lawyer for my issue?
Michael W. Horst
Michael W. Horst
answered on Sep 7, 2024

Without more information as to the type of legal issue you are having, it is very difficult to answer your question. However, generally speaking, the state where the legal issue arises is going to be the state where the issue should be resolved. Accordingly, I suggest you contact a lawyer in... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: his habeas corpus he's went through his evidence hearing and his claim are improper communication with judge\jury\baliff

Can this claim be able to get some justice?

James L. Arrasmith
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answered on Jul 28, 2024

It's possible for a claim of improper communication with a judge, jury, or bailiff to get justice, but it depends on the specifics of the case. If there's substantial evidence proving such misconduct, it could lead to a favorable outcome. This might involve a new trial or even a dismissal... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Georgia on
Q: Arrested for dui in nov. spent 24 hours in jail. Bonded out. Never saw judge. Arrested again dui in march. Totally sober

Spent 24 hours in jail. Bonded out. Saw no judge warrant issued next day spent 24 hours in jail released with scram saw no judge 4 months later still no judge?? Are my due process rights and civil rights violated?

James L. Arrasmith
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answered on Jul 27, 2024

It's understandable to feel concerned about the situation. Your due process rights include the right to a timely hearing, and the fact that you haven't seen a judge despite multiple arrests could raise questions about whether these rights are being upheld.

Each state's laws...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: There is a conflict of interest and appearance of impropriety at the Georgia Parole Board!!!

Republicans seem to be aggressively fighting "Fani Willis" on this front. However, shouldn't they equally be challenging the Georgia Parole Board? There is no way, (2) former D.A.'s and a former sheriff can be fair and impartial. It's important for the justice system to... View More

James L. Arrasmith
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answered on Apr 14, 2024

You raise some important concerns about potential conflicts of interest and the appearance of impropriety with the current composition of the Georgia Parole Board. It's a complex issue that deserves careful consideration.

Having former district attorneys and law enforcement officials...
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1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: can i find out if a lawsuit was fillied in my behafe in georgia,in fedral court.somewhere around 7 years ago or earlyer.

my name is daniel henderson,my sister may be on it her name is shelley olson or my mother donna elmore

Michael W. Horst
Michael W. Horst
answered on Mar 26, 2024

Yes. All federal court cases may be found on-line through a system known as Pacer. Here is the link:

https://pacer.login.uscourts.gov/csologin/login.jsf?court_id=00idx

You will likely be required to create a log in and password.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Georgia on
Q: Isn't it unethical to appoint former district attorney's to the Georgia Parole Board? They can't be fair and impartial!

Who are the most powerful/influential ppl in Georgia? Some may say the Governor, other's may think the Attorney General! Dynamic's reveal the sheriff has power to arrest, the prosecutor has power to charge/prosecute/convict and the judge has power to sentence. Why do the parole board have... View More

James L. Arrasmith
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answered on Mar 19, 2024

Your concerns regarding the composition of the Georgia Parole Board and the implications of appointing former district attorneys to such positions are understandable. The fear that these individuals might not remain impartial due to their previous roles is a legitimate concern. Transparency,... View More

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Georgia on
Q: How do I go about suing my insurance agency for bad faith? Having difficulty finding a lawyer who handles this type

I was emailed that my policy was canceled for non-payment. After I sent then the docs showing it was paid in full months in advanced they realized the mistake on there end. Days later I was given other excuses. This caused my business to loose contracts, other funds, registration expired, revoked... View More

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It can be difficult to find counsel for bad faith claims. They aren't always clear-cut and they could involve conflicting testimony and versions of events. Law firms recognize the amount of attorney time that a... View More

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: I won a default judgment. What steps should I take to collect if its even possible?

A renovation contractor is in default and I want to collect. Can I go after his wife also in this instance since she advertises for him? I don't want to throw good money at bad money so I need to know if they have anything that can be liened on to make him/them pay. And Im unsure about that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 26, 2024

There are many actions that could be taken. If you have bank information do a levy. Do a judgment debtor exam. Lien his property. Shins to take depend on what we know about the debtor.

1 Answer | Asked in Family Law and Civil Litigation for Georgia on
Q: My postnuptial was set aside because of Defendant's lies. How can I get my post nuptial back in.

There was a ruling for the change in facts and circumstances. The plaintiff was arrested and wasn't able to go back home for over a year the defendant has paid the bills for the home. However the funds was not explain to the court that it was money stolen from the plaintiff.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 16, 2024

It would appear that these questions are inquiries you should make directly with your attorney. Because it would appear that you had an attorney who was representing you in this case.

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for Georgia on
Q: Clayton County, GA. I want to collect a judgement. FiFa already filed. What should I file for post-judgement discovery?

I won a judgement in Magistrate court in Clayton County, Georgia. I have filed the FiFa. I am trying to figure out what I need to file for post-judgement discovery so I can garnish wages, bank accounts, and property. I have read that I will need the defendant to disclose this information in... View More

Sabrina A. Parker
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Sabrina A. Parker
answered on Jan 2, 2024

You can file Post Judgment Interrogatories to Defendant and Request for Production of Documents.

1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Georgia on
Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?

During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s)... View More

James L. Arrasmith
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answered on Nov 5, 2023

While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Tax Law for Georgia on
Q: Is there a U S Code similar to O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letter?

I don't write letters often to Federal Agencies, however, wen I do, they almost always go unanswered for several months, or several years or in most cases - never. Just trying to get a feel for a viable defense if they come back one day down the road. Thanks.

Michael W. Horst
Michael W. Horst
answered on Nov 1, 2023

No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: If lease says I need to give a 60 day notice to vacate can I submit a 30 day notice to vacate?

The landlord gave us a 60 day notice to vacate which would extend our rental lease by 10 days after we verbally informed them we wouldn’t be extending. Can I submit a 30 day notice to vacate and refuse to pay the extended lease?

Glenn M. Lyon
Glenn M. Lyon
answered on Oct 27, 2023

It depends on the terms of your lease.

1 Answer | Asked in Civil Litigation and Civil Rights for Georgia on
Q: Questions concerning a writ of habeous corpus

The first question ask for Name, county, and court that entered the judgement of conviction under attack. I don't know what name they are referring to.

James L. Arrasmith
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answered on Oct 26, 2023

In the context of a writ of habeas corpus, when the form asks for the "Name," it typically refers to the name of the petitioner or the individual who was convicted and is challenging their detention or imprisonment. This would be the name of the person who believes they are being... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: What happens if I don’t contact the Sheriff after leaving notice on my door.

There has been a civil case filed against me in which I am the Defendant being sued. The Sheriff made an attempt to serve me but I wasn’t home so they left a notice. What happens if I ignore the notice would they try again or would they say I avoided service or both?

Michael W. Horst
Michael W. Horst
answered on Oct 11, 2023

If you ignore the notice, you are making the sheriff's job more difficult but you are only delaying, not permanently avoiding, service. The sheriff will be back again to serve you and it is likely only a matter of time until he catches you at home.

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Georgia on
Q: Can a guardian ad litem be requested under the O.C.G.A SECTION 9-11-17
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 10, 2023

The court can appoint a GAL if they see that one is necessary. A party can also petition for a GAL to be assigned to the case. Then the court will determine if they are going to appoint one at that time or not. But if one of the parties is requesting that a GAL be assigned, be mindful that one... View More

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Georgia on
Q: In the state of Georgia, can a text message be used as a legally bound contract?

This "agreement" would be related to payments being made to grandparents for a child's vacation by the child's biological and primary custody mother.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 6, 2023

A party is legally bound by a court order with regard to domestic matters. Text messages and emails that are not reflected in a court order parties do not legally have to follow, that is, again, in matters involving child support, child custody & visitation.

2 Answers | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Georgia on
Q: Is it too late to sue the Stretch Zone for causing my S1 Joint Dysfunction?

I went to the Stretch Zone due to feeling like I needed to be stretched or aligned in March 2023. I informed him that I had one hip higher than the other. He adjusted me and then pulled both legs simultaneously. This left me feeling lopsided and within 2-3 days I felt extreme pain in my lower... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

The deadline for most medical malpractice in California is 1 year. This defendant is not likely a health care provider and the deadline would be two years.

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1 Answer | Asked in Civil Litigation, Family Law and Gov & Administrative Law for Georgia on
Q: , is there something I can find in in GA law that stated that for name change only marriage certificate is required?

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

T. Augustus Claus
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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.

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