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Georgia Civil Litigation Questions & Answers
3 Answers | Asked in Child Custody and Civil Litigation for Georgia on
Q: I need to file an emergency request for an expedited hearing in Georgia. Does other party need to be served?

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?

Alake Colwell Furlow
Alake Colwell Furlow
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.

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3 Answers | Asked in Child Custody and Civil Litigation for Georgia on
Q: I need to file an emergency request for an expedited hearing in Georgia. Does other party need to be served?

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?

Ellaretha Coleman
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Ellaretha Coleman
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.

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2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Georgia on
Q: Does a 1099c prevent creditors from collecting on a debt via arbitration?
T. Augustus Claus
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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.

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: How do I ask the court to void (for lack of better term) a non valid custody order?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Elder Law for Georgia on
Q: Can someone us a specific power of attorney to convince notary person to that they have power of attorney over their par

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?

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Georgia on
Q: Can my sister legally have the house put in solely her name without consent of other 4 children

My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia

James Clifton
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James Clifton
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

1 Answer | Asked in Civil Litigation and Criminal Law for Georgia on
Q: Are there any laws that protects victims from the threat of witchcraft/voodoo ? If so, can you please disclose them !

A heavy voodoo practitioner is making threats to harass, stalk, and harm.

T. Augustus Claus
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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...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Georgia on
Q: What do you do if people in the court falsified transcript record. And you have proof a recording of the event

But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?

Michael W. Horst
Michael W. Horst
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

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Procedural question O.C.G.A. 33-7-11.

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

James Clifton
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James Clifton
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

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
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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

1 Answer | Asked in Civil Litigation for Georgia on
Q: How do I file a motion to request appointed counsel for a civil case ga
Michael W. Horst
Michael W. Horst
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...
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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for Georgia on
Q: Can you be charged with contempt for violating an ex-parte protective order that has been replaced with a TPO?

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?

Todd B. Kotler
Todd B. Kotler
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

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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for Georgia on
Q: Can you be charged with contempt for violating an ex-parte protective order that has been replaced with a TPO?

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?

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: I live in unincorporated Auburn, GA. The city of Auburn is in Barrow County, but unincorporated Auburn is in Gwinnett

A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?

Michael W. Horst
Michael W. Horst
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

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Litigation for Georgia on
Q: A citation has a code 40-6-272. What is that particular code here in Georgia?

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

Michael W. Horst
Michael W. Horst
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...
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3 Answers | Asked in Civil Litigation and Small Claims for Georgia on
Q: I’m being sued for small claims amount on documents state I owe the plaintif $2,491.00 for money I took from his busines

Plaintiff states while working for his business I (Took) money from his business

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: "why would a judge sign a order nunc pro tunc september22 2022 october 10 2022
Glenn T. Stern
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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

1 Answer | Asked in Civil Litigation for Georgia on
Q: In a civil case can a individual Sue two other individuals in one filing if those other two individuals are not married
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation and Banking for Georgia on
Q: I'm in litigation with Truist bank in federal court. I'm at the stage where discovery motions need to be filed.

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.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: I want to sue someone but don’t have money for a lawyer
Tim Akpinar
Tim Akpinar
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

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