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Georgia Civil Litigation Questions & Answers
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, 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 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.

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

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 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

1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: tenancy in common law says property will be shared equally UNLESS "the contrary appears" how does the contrary appear?

I am 95% owner. the 5% co-owner is not taking true responsibility for the property. he is only causing trouble.

how does the contrary appears clause apply in this law?

if i can prove that he is behaving contrary to the best interest of the property, does that qualify?... View More

Jennifer Pierce
Jennifer Pierce
answered on Jun 5, 2023

If your ownership deed specifies that you have a 95% ownership and the co-owner only has 5%, then that's what you have. If the deed does not set out those percentages, then it is presumed you hold title in 50/50. The co-owner's behavior has no bearing on how much they own.

1 Answer | Asked in Civil Litigation for Georgia on
Q: May a UM/UIM Carrier be subject to default judgment?
Tim Akpinar
Tim Akpinar
answered on Jun 5, 2023

A Georgia attorney could advise best, but your question remains open for four weeks. Additional information would be helpful, such as whether they failed to appear. Since UM practice is governed by specific state laws, at this point, one option is to consult with a local attorney who handles UM... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: What is the Proper Venue for small claims court?

While parked in a parking lot in Fayette County, my car was hit by another vehicle with a driver from Clayton County. Being on private property, no citations were issued, but a police report was done. The other vehicle's insurance has refused to pay for damages. Which is the proper venue for... View More

Michael W. Horst
Michael W. Horst
answered on May 8, 2023

Venue must be placed in the county where the other driver lives. In this case, that venue is Clayton County.

2 Answers | Asked in Contracts and Civil Litigation for Georgia on
Q: If a lawyer is fired by you and he puts lean on the case. Is the lean still good.

He was fired but the case still continued 9 months later is the lean still good.

Michael W. Horst
Michael W. Horst
answered on Apr 30, 2023

Yes. A valid attorney's lien survives indefinitely. In fact, the lien stays on a case until the lien is satisfied or removed by a judge. If you wish to learn further information about attorney liens in Georgia, please check out the applicable statute - O.C.G.A. 15-19-14.

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1 Answer | Asked in Business Formation, Business Law, Car Accidents and Civil Litigation for Georgia on
Q: i am looking into a business running a food /ice cream truck w/ hemp derived edibles.what are steps to take to protectit

i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... View More

1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: I am a widow as of 2018. I recently ended an unhealthy relationship. My mother in law had to p/u my two boys from school

March 24, due to my boyfriend running from law enforcement, and leaving me w a posesion charge. He turned himself in later the same day, and admitted everything was his.My mom in law bonded me outApril 3, a little over a week and now she thinks I should voluntarily sign her temporary guardianship... View More

Regina Irene Edwards
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answered on Apr 16, 2023

Just tell her no. If she sues you for custody, get a lawyer. You probably will need to get your own place with the children.

1 Answer | Asked in Business Law and Civil Litigation for Georgia on
Q: Me and a partner purchased 4 vehicles together. I am now wanting to liquidate the business sell the 4 vehicles

Pay the remaining debt and bills from the business and split the remaining money. How can I go about doing this? We cannot agree

Glenn M. Lyon
Glenn M. Lyon
answered on Mar 23, 2023

I would need more information on the company, ownership percentages, positions, duties, contracts, etc. But generally speaking, you all would have to all agree to properly dissolve the company.

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Business Law and Civil Litigation for Georgia on
Q: I get the Code Section but cannot open the links that would provide the cases interpreting the code section?
Michael W. Horst
Michael W. Horst
answered on Mar 21, 2023

The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:

https://scholar.google.com/scholar?hl=en&as_sdt=4,11

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: Need to Find a lawer to help me with a breach of contract

To keep my mortgage company from take my home with Fraudulent financial transaction Deception.

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. If you're looking for a lawyer, there are sites that act as attorney referral services. The format here is limited to Q & A. There is a tab above, Find a Lawyer. You could use that to supplement your... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Litigation for Georgia on
Q: Neighbor has routed his water in my yard destroying my yard..ii have ask him to stop he states he can do that
James Clifton
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James Clifton
answered on Feb 28, 2023

A property owner may not divert water onto the property of another in a way that causes damage to the property receiving the excess water. Doing so is considered a nuisance and is actionable.

1 Answer | Asked in Civil Litigation and Family Law for Georgia on
Q: Can I sue my soon to be ex husband for causing my family to be homeless?

Hi! I am in desperate need of an attorney. I have already filed for divorce, but need a lawyer who is versed in the ways of a narcissist. I reached out to Georgia Legal Aid for assistance with this, but was denied due to funding. I’m turning to this community because I have limited funds myself,... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Feb 23, 2023

A judge can't order you to find an attorney. You can always choose to represent yourself, legally you have that right. Now the judge may have told you to get an attorney because they may really think you need one. But that's not an order. You don't sue someone for making you... View More

2 Answers | Asked in Civil Litigation and Collections for Georgia on
Q: Good afternoon. Can a rental management company come after me after the consent judgment. There was zero judgement

My sister signed my name for over 10 yrs and management let her. She left 14 k in unpaid rent . I went to court and I guess the management didn’t have proof. There was no judgment . Should I be worried. It was for an eviction.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2023

You were sued, you went to court on a final hearing, Plaintiff had no proof, and the judge did what? Did not enter a judgment against you? If what I described is accurate, the case is over. You cannot be sued again.

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