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Georgia Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Georgia on
Q: What is ligon v bartis
Michael W. Horst
Michael W. Horst
answered on Sep 21, 2023

Ligon v. Bartis involved a personal injury matter which ultimately made its way to the Georgia Court of Appeals - twice.

The first decision was handed down in 2000. The case cite is Ligon v. Bartis, 243 Ga. App. 328, 530 S.E.2d 773 (2000). The issue at hand pertained to a motion to...
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1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Georgia on
Q: how do I find a lawyer who has lots of recent HOA experience in the Georgia Superior Court in Atlanta?

My defendant has a seemingly well-experienced attorney on HOA law

James Clifton
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James Clifton
answered on Sep 19, 2023

You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Georgia on
Q: My license is suspended in Georgia under the rights and responsibilities act, does this suspension expire

They have been suspended 15 years on a judgment I never even received notice on and they want me to pay a private attorney to get my license back

T. Augustus Claus
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answered on Sep 7, 2023

In Georgia, driver's license suspensions can occur for various reasons, including failure to address certain legal obligations or fines. If your license is suspended under the Rights and Responsibilities Act, it's essential to understand the specific circumstances leading to the... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Litigation for Georgia on
Q: Lawsuit after false TPO?

My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...

I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.

The divorce was concluded 2 years... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.

3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Collections for Georgia on
Q: I have a title loan and I'm halfway paying it. The interest rate is 59%. Is that rate illegal?
T. Augustus Claus
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answered on Sep 4, 2023

Georgia has strict regulations on title loans. Interest rates for title loans in Georgia are capped at 25% per month (which is roughly equivalent to 300% annually). Therefore, if your title loan has an interest rate of 59%, it would likely be considered illegal under Georgia law.

2 Answers | Asked in Business Formation, Civil Litigation and Collections for Georgia on
Q: A promissory not that hasn’t been paid was due 7/21/2020 what can I do
T. Augustus Claus
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answered on Aug 28, 2023

If you have a promissory note that was due on 7/21/2020 and has not been paid, you have several options to consider. First, you could try reaching out to the debtor to remind them of the outstanding payment and discuss the situation. It's possible that there might have been a misunderstanding... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Georgia on
Q: We have a court order. My ex is refusing to return my son during what is rightfully my time. If my ex isn’t with my son

We have a court order. My ex is refusing to return my son during what is rightfully my time. If my ex isn’t with my son, can I get him?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 21, 2023

You should speak directly with an attorney. Because we cannot advise you to simply go pick up the child without knowing where and from whom, as the situation could pose a danger. You could involve the police and have them meet you to pick up the minor child with a copy of your court order. But... View More

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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1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Georgia on
Q: Handling a holdover tenant in GA. Can we disconnect internet or is that considered a utility? Best advice for removal

.

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could try reposting and adding Landlord-Tenant as a category. Some questions remain unanswered, but you might have better chances of a reply with the new heading. Good luck

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 Civil Litigation for Georgia on
Q: My ex moved out and took one of my dogs. I purchased the dog only. I filled a civil complaint asking for an injunction.

Should it be pretty clean and cut since I purchased and provided his medical care?

T. Augustus Claus
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answered on Jul 3, 2023

In a civil complaint seeking an injunction to recover possession of a dog, the court will consider various factors, including proof of ownership. If you have clear evidence that you purchased the dog and have been providing its medical care, it can strengthen your case

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 Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.

Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: Doing the 2020 COVID 19 Life Storage in Columbus Georgia stole or the employee Weekend of July 3,2020 during this time
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

A Georgia attorney could advise best, but your post remains open for two weeks. It looks like part of the question may have gotten left off. Good luck

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