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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for Georgia on
Q: If I rented an apartment... Got approved...moved in... And 3 days later landlord said I have to leave without eviction

Background showed a felony.... Can they do that or will a judge have to order the eviction

Anitra Walker
Anitra Walker answered on Mar 30, 2020

You will need to closely review your lease to determine what type of notice is required by the landlord. If they provide the notice per the lease and you refuse to move then they will have to file a dispossessory action (eviction) in the county in which the property is located.

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Products Liability for Georgia on
Q: Someone opening accounts in my name
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Mar 8, 2020

It may be best to freeze your credit, alert your creditors and if you know who they are, file a police report.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Consumer Law for Georgia on
Q: Can I get a refund on a down payment made for a head stone at a unmarked grave in a Colorado cemetery.

The close family of the man buried there does not want a stone to mark his grave. My wife did not know that at the time and did not know how to contact any close relatives still living. Her mother was the one who wanted the stone marker and it was to be a gift to her.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 6, 2020

You would need to discuss the viability of any claim against a Colorado cemetery or grave marker retailer with an attorney licensed on Colorado.

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1 Answer | Asked in Banking, Consumer Law and Criminal Law for Georgia on
Q: I paid a company with cashiers check in Atl, GA. I received signed paid receipt. Vendor says check was stolen.

I canceled the cashiers check. Before I could pay them, they went to the moving broker and got my debit card information (unauthorized) and charged the amount the next day.

Is that misappropriation of funds or do I just need to reissue? I’m concerned that this is fraud and identity theft.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 20, 2020

It sounds as though the moving broker acted negligently towards you. If you have never authorized them to release your credit/debit card information to this 3rd party, this may be a case of fraudulent use of credit card or another offense. It is best to consult an attorney who can assess the merits... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: Besides a lawyer who can call you contact to make your HOA comply with records requests? I'm 100 disabled veteran.

I can't afford a lawyer, but I believe alot of stuff is going on. And HOA won't comply with requests.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

Given your circumstances, it may be best to contact Atlanta Legal Aid or Georgia Legal Services. Both of these organizations provide legal representation at no cost to individuals who are low income.

Thank you for your service to our country!

I wish you well.

-The Upshaw...
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2 Answers | Asked in Consumer Law, Contracts and Family Law for Georgia on
Q: I'm the primary on an auto loan my boyfriend was the cosigner when we broke up he took the truck as I am the primary

Owner how can I get my truck back he pays late every month

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 30, 2019

More information is needed in order to provide you with a detailed answer. In general, if you are the primary on the loan, meaning it is your name on the loan documents and not his, repayment of the loan is ultimately your responsibility, and he is not entitled to the vehicle. However, if your... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Georgia on
Q: My bankrupt was dismissed I 1/13; however I have been awarded a settlement from a class action law suit. My file is now

My file is now in the office of the bankruptcy trustee... I don’t understand.. the two are not connected.. is there anything I can do? I’m on disability due to multiple medical challenges and would love to have a little bit of light in my life before ... well.. I go

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

It is best to contact a bankruptcy attorney for assistance.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Consumer Law, Family Law and Health Care Law for Georgia on
Q: What are the legal liability obligations limits under Georgia law for guardian of adults related to the wards expenses.

Ward was sent to mental facility from emergency room and the ward's stay exceeded the insurance coverage limit. Is the guardian legally liable for payment of the excess charges under Georgia Law? The hospital transferred the ward to the mental facility. I read under Ga Title 29-2-21 that the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

The statute you referenced is not applicable because the ward is an adult. GA 29-2-21 is about minors only.

That being said, a guardian of an adult ward is not financially responsible for the ward’s expenses; these expenses would be paid for from the ward’s income and assets....
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1 Answer | Asked in Consumer Law for Georgia on
Q: What if A creditor cannot serve you papers? Can your wages still be garnished?
Paula J. Mcgill
Paula J. Mcgill answered on Dec 2, 2019

If the creditor can't serve you in person, he can seek service by publication. If that is granted, you will be deemed served in accordance with the law.

If you don't answer the service by publication, the creditor can seek a default judgment. If the judgment is granted, your...
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1 Answer | Asked in Consumer Law for Georgia on
Q: Who actually owns the vehicle. State of Georgia, or the titled owner?

Online lawyer claims under commerce law, the state owns it n d title only grants use

Joshua Schiffer
Joshua Schiffer answered on Nov 4, 2019

Thats what you get with an "online lawyer." Title is proof of ownership however the title is also something that can be encumbered by a financial instrument.

Google "2010 Georgia Code TITLE 40 - MOTOR VEHICLES AND TRAFFIC CHAPTER 3" and you will find all the law care...
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2 Answers | Asked in Consumer Law for Georgia on
Q: Bit into a zaxbys chicken finger and found a fishing hook inside of it as I chewed it in my mouth. What can be done?

I didnt get hurt but could have.

Anitra Walker
Anitra Walker answered on Oct 28, 2019

Thankfully, you were not injured. Because you did not get hurt, there is no claim for personal injury. Did you immediately notify Zaxby’s that you found a fish hook in your food? More than likely they would be willing to offer you a replacement chicken finger meal.

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1 Answer | Asked in Consumer Law, Business Formation and Intellectual Property for Georgia on
Q: Do I need to file a patent for a mixture of different food ingredient/ready to be mixed stored in a bag or container

This is not a supplement. This is for a type recipe that calls for a mixture of different food components. The idea behind this is to eliminate the prep steps of combining all the separate components. With this, the user will have one single container, that will contain all the necessary items to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You could add Patents as one of your categories. Your question could have a better chance of being seen by a patent attorney. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Employment Law and Products Liability for Georgia on
Q: I was denied a job for taking CBD for my lupus. It was not labeled as having any THC. It did, and I failed my drug test.

Can I do anything about the employer or seller?

Ken Shigley
Ken Shigley answered on Sep 26, 2019

There are not enough facts here.

Re: the seller or manufacturer, determine whether they included warnings about the product potentially causing one to fail a drug test designed to detect marijuana, etc. If so, it's probably on you.

Re: the employer, this is a developing area of...
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1 Answer | Asked in Collections and Consumer Law for Georgia on
Q: Is this legal or “okay” for a credit/debt agency to send passive aggressive letters?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 21, 2019

Yes, as long as they don't threaten criminal action or legal proceedings they're not allowed to take then they can be as passive aggressive as they want.

They also can't be physically aggressive or threatening, like showing up with a biker gang. Real case by the way....
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1 Answer | Asked in Collections and Consumer Law for Georgia on
Q: I co-signed with my son 26 years ago for a wireless phone service. His account is in collection. Am I still liable?

I live in Georgia.

Anitra Walker
Anitra Walker answered on Sep 16, 2019

Generally, a co-signer is jointly and severally liable on an obligation. Therefore the creditor can pursue you, your son, or both of you for the debt. In this case, the statute of limitations is the timeframe in which the creditor would be able to bring an actual lawsuit against you and/or your... Read more »

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: They sold my in laws credit life on their new car loan knowing they were over the age limit of 71. He was 89 and blind.

They sold my in laws credit life on their new car loan knowing they were over the age limit of 71. He was 89 and blind in one eye and almost blind in the other, and she was 79. My father in law passed away the other day and we filed a claim and their now refusing to pay. They sold them that policy... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 1, 2019

Your elderly in-laws run afoul of one of the oldest scams in American history. Call the folks who regulate insurance in the state of Georgia and report this shameful incident.

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Georgia on
Q: I purchased a vehicle yesterday from Toyota and today the engine light came on. Can I return it and my contact be void
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Probably not; but you should take the new car to the dealer for repairs under the warranty--otherwise it may void the warranty. If the dealer discovers some terrible problem, they will either replace it or fix it. None of this has anything to do with the debt you agreed to pay for the new car.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Constitutional Law for Georgia on
Q: How does the DEA determine 'Domicile/Country" of residence???

Edit "I Meant:COUNTY, Not Ctry must live w/in so many miles of Dr. (same one for last 13 yrs). I moved in w/Dad 5 yrs ago, see my Dr. Every 3 mos., and have my meds mailed to me (I can not fill Opiod Rx 40 miles from Dr.) I am vary disabled so driving is difficult. Imy Dad passed 12-20-18, and... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 1, 2019

Federal court jurisdiction, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:

Cases in which the United States is a party;

Cases involving violations of the U.S. Constitution or federal...
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1 Answer | Asked in Bankruptcy and Consumer Law for Georgia on
Q: My mortgage company "Ditech", has entered a chapter 11 bankruptcy. Where should notices to the creditor be sent?

Hi, my mortgage company "Ditech" has entered a chapter 11 bankruptcy. They are involved in a class action lawsuit and I was sent out a "Proof of Claim" form from Epiq Global via mail and email. There is a section on the form asking "where should notices to the creditor be... Read more »

Timothy Denison
Timothy Denison answered on May 31, 2019

Yes. You should file a proof of claim for the value of your entire house. You are the creditor, Ditech is the debtor. I would ask the trustee if he wants payments sent directly to him.

1 Answer | Asked in Consumer Law, Employment Law, Tax Law and Business Law for Georgia on
Q: Registration fees are given to IC. Event changes location & time, IC resigns, does money go to new IC or registers.

Am an IC for a large company. One of my jobs is to collect registration fees. The place where the event is meeting and the date has changed due to some legal issues. I am terminated my contract with the company. The people who have paid the registration fees want their money back, and I would like... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

This is simple: If the checks were payable to you personally you can do (just about) whatever you want with them; and my advice on that point is to return the checks to whoever gave them to you, and document it very well.

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