I'm filing pro se as this is an extremely time sensitive matter. Do I need to have the other party served as I'm requesting an emergency hearing or will the other party be served at a later time?
answered on Aug 21, 2023
Hire an attorney to represent you. A lot of matters will not move forward without proof of service. Not knowing more information about what type of emergency action you have, it is likely that the other party should be properly served before the court will take up the matter.
I'm filing pro se as this is an extremely time sensitive matter. Do I need to have the other party served as I'm requesting an emergency hearing or will the other party be served at a later time?
answered on Aug 20, 2023
In extremely rare circumstances, a court may hear an emergency matter on an ex parte basis where the other party does not need to be served prior to the emergency order. But in most cases, you will need to serve the opposing party prior to the matter being heard by the court.
answered on Aug 17, 2023
Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.
2012 in PA dad filed for custody. "Settled" outside of court. Order states (in dads writing) mother will have PPC . between age 3-5 father has right to assume PPC. Once child reaches school age, parents will come to new agreement as to whom has PPC. Child lived w/ mom and both moved... View More
answered on Aug 17, 2023
If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that... View More
Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?
answered on Aug 1, 2023
If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More
My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia
answered on Jul 23, 2023
No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to... View More
A heavy voodoo practitioner is making threats to harass, stalk, and harm.
answered on Jul 17, 2023
It's important to contact local law enforcement and report any threats or acts of harassment or stalking. They can investigate the situation and take appropriate action based on the evidence and applicable laws in your jurisdiction.
While laws vary from state to state, most... View More
But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?
answered on Jul 9, 2023
Rule 22 of the Uniform Superior Court Rules for the Superior Court is strict in terms of its prohibition of recording devices allowed in court rooms. Generally speaking, recording devices are prohibited unless specifically authorized by the judge. But even assuming your mom was authorized to... View More
Serve the uninsured/underinsured insurance carrier as though the were a named defendant. Create a summons in the name of the insurance company while leaving them unmentioned in the complaint. They can answer in the name of the driver, owner, or both or in their own name. By answering in their own... View More
answered on Jul 2, 2023
You would not need to amend the complaint, as the insurance company has entered the case as a matter of right under the law to defend itself and its insured. Unless the insurance company denies that the named defendant is insured by them, the insurance company will typically admit or stipulate to... View More
I am looking for information on a home inspector / LLC owner.
answered on May 25, 2023
A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More
answered on May 8, 2023
There is no basis under Georgia law for a judge to appoint counsel in a civil case. It is true that in some criminal cases a judge will appoint an attorney to an accused, but that does not exist in the civil arena.
While a judge cannot appoint counsel in a civil case, that does not mean... View More
At the TPO hearing the ex-parte protective order is supposed to have expired.
3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?
answered on May 5, 2023
I think the more appropriate question to ask is whether it is going to be effective. Additionally, the defendant (respondent) to the now TPO might want to contemplate whether the alleged conduct violates the TPO. It is possible under these facts that such a defendant may file a motion to dismiss... View More
At the TPO hearing the ex-parte protective order is supposed to have expired.
3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?
answered on May 5, 2023
Procedurally that is not going to get very far. Any contempt issue should have been raised in the TPO hearing where the Ex Parte expired, and it would appear the TPO was not granted. So there is a mootness issue on top of everything else.
It would be a bit of a mess, and if the Court... View More
A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?
answered on May 2, 2023
The short answer is yes - you are under the jurisdiction of the Superior Court of Barrow County once sued there. However, the longer answer is that venue is not proper in Barrow County. Venue is proper in Gwinnett County since that is your county of residence. The proper response to being sued... View More
While pulling a UHaul truck into a car wash, I barely made contact with an overhead PVC pipe on a chain that displayed the height 8' 6". It fell to the ground and broke. It was after hours and didn't have pen and paper to leave a note or an after hours number. I knew the car wash... View More
answered on Apr 18, 2023
I am sorry to hear about your situation.
In terms of your charges, O.C.G.A. § 40-6-272 refers to your duty to contact the owner of the car wash after striking the PVC pipe (i.e., a fixture). I am not aware of what statute would apply to a hit and run in your situation. Georgia does... View More
Plaintiff states while working for his business I (Took) money from his business
answered on Apr 2, 2023
You should speak with an attorney about such factors as:
- The other party's claims and your potential defenses to those claims
- Your potential counterclaims and the other party's potential defenses to those claims
- Criminal charges that could result from the... View More
answered on Mar 6, 2023
Normally, an order is effective from the date it is signed and going forward. However, with a nunc pro tunc order, it means that the order signed (here, on October 10, 2022) is not effective from that day, but rather, retroactively effective from a date back in time (from September 22, 2022, in... View More
answered on Feb 15, 2023
A Georgia attorney could answer best, but your question remains open for two weeks. The quick and short answer that generally applies nationwide is that you can in most places, as long as their actions are related to the same transaction, accident, or other occurrence. However, double check with a... View More
Not sure how to format the motions, I may need to file a continuance. Couldn't get an attorney (Consumer Attorney) to take my case so I'm going Pro se.
answered on Feb 13, 2023
The federal litigation bar is somewhat smaller than the state bar. If you intend to represent yourself, you need to be thoroughly familiar with the federal rules of civil procedure and the local rules of the district court in which your case is pending.
While you can lawfully represent... View More
answered on Feb 9, 2023
A Georgia attorney could advise best, but your question remains open for a week. It could depend on what type of matter you have. If an attorney is willing to handle things on a contingency basis, that usually means the legal fee is a percentage of recovery, paid at the end. There is also small... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.