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Georgia Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

1 Answer | Asked in Consumer Law and Identity Theft for Georgia on
Q: Is there a way to get a deal with title max for breaching my personal information such as social security number,

I got a letter saying title max had a breach and my personal information such as my social security number, drivers license, home address and such was breach and I can't find my letter and is there any way I can get it and if I do can I say to title max that if they do away with what I owe... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

For $700, maybe. A data breach like that only gives rise to liability if someone else uses that data to harm you economically in some fashion, for instance by getting and using a credit card in your name.

If I were you, I would research what Life Lock or some similar credit and identity...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
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2 Answers | Asked in Consumer Law and Collections for Georgia on
Q: Being sued for a debt from a debt collection agency. Probability of them having original contract?

Being sued for a debt from a debt collection agency. What is the probability that the debt collection agency has the original signed contract from whom they bought the debt? Trying to figure out the probability that they can prove that I own the debt.

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2023

Every company has different procedures that make it so the chances they have it are different. Many can access them easily, others cannot.

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1 Answer | Asked in Consumer Law, Contracts, Employment Law and Workers' Compensation for Georgia on
Q: I currently have a 501c and want to add a LLC to it. What do I have to do?
Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2023

It depends on what you mean by "add the LLC." In many instances, having a non-profit own a for-profit entity is a bad idea and can lead to the non-profit losing its tax exempt status. Discuss with an attorney who deals with non-profits.

1 Answer | Asked in Consumer Law for Georgia on
Q: damage to engine by mechanic

Vehicle was taken to local mechanic for simple oil change. By shops admission "drove the car into the bay, we performed the oil change and then the car wouldn't start". We (owners) attempted to jump the car, thinking it was the battery w/o luck. Bought a new battery, it tried to... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2023

It is unclear from your question what specifically the mechanic did that damaged your car. Since an oil change is a relatively simple service, it is difficult to imagine a hypothetical in which the mechanic’s work likely caused the loud banging noise.

You need to hire another mechanic to...
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1 Answer | Asked in Consumer Law and Criminal Law for Georgia on
Q: individual to do appraisal of valuable photos refuses to return photos. What do I do?

My mom was looking to sell photos that were taken by her mom of famous people, i.e. JFK , Astronauts john Glenn Shepard and their are many. She was to review and appraisal first and then we would go from their as to how much they are worth. She owned a Junk/Antiques and local pawn shop, The... View More

Robbie Levin
Robbie Levin
answered on Feb 1, 2023

If someone refuses to return your property to you, then they are committing a theft. You can call the police. You could also hire an attorney to "politely" ask the person to return the property.

For more information, visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Family Law for Georgia on
Q: I'm in Georgia. I am suing a large Bank as my FBO Trustee. The actual person was incompetent & milked account for 7 year

Refused to release a small portion 5 years ago for a house purchase. Psychological harm, then they invest the money and refused to honor my wishes to take profits and then set it aside for home purchase when the trust would expire 12/31/22. The amount in fees was about 40% of the start amount.... View More

John Michael Frick
John Michael Frick
answered on Dec 30, 2022

I am not a Georgia lawyer and you absolutely should consult a Georgia attorney with your situation. But, ordinarily, things like refusing to honor your wishes to release funds for the mortgage, etc. aren't good claims against a trustee by a beneficiary. A Settlor puts money into a trust for... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Georgia on
Q: Can a title specialist / financial operations manager notarized customer paperwork?

Based on this state law below, can a title specialist / financial operations manager notarized customer paperwork:

It is lawful for a notary who is an employee, officer, director or stockholder of a bank or corporation to take the acknowledgment of any party to any written instrument... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Dec 7, 2022

Certainly. A prohibition would apply be where the Notary Public had some form of ownership interest in the business or the transaction itself.

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: How does one go about getting a debt collector to stop calling the wrong person without giving any personal info?

Please read the whole thing.

Portfolio Recovery has been calling me for over two years trying to find another person. I have told them on more than one occasion that I am not the person they are seeking, that I do not owe this debt, it isn't my debt, and to stop calling me.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 15, 2022

Hire an attorney to write a letter for you. The return address will be the lawyer's.

Block the number on your cell phone.

1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

1 Answer | Asked in Consumer Law for Georgia on
Q: My son received a phone call from a courier service to serve him papers to go to court concerning an old credit card

It was from 2015 and has a lot of added interest and fees and they are saying they are going to garnish his wages. He doesn’t remember ever having this credit card and I am wondering if this is even legal or possible

James W. Hurt Jr.
James W. Hurt Jr.
answered on Jul 14, 2022

If your son resides in Georgia, then the statute of limitations on a credit card debt is 6 years. This debt should be beyond the statute of limitations. His wages cannot be garnished unless and until the debt collector gets a judgment against your son. He would first have to be served with a... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Georgia on
Q: I moved out of an apartment and my landlord is charging me for a stove that caught fire when cleaning team cleaned it

The property management company is charging me for the carpet to be replaced, the walls to be painted, hauling off trash or unwanted items that I moved to the curb for trash pickup...I lived in the apartment for approximately 5 1/2 years. I am asking if these charges are legit? I was under the... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 7, 2022

It is not standard for the landlord to pay for carpet and painting when a tenant moves out.

However, whether you are responsible for a portion of the carpet replacement will depend on the condition of the carpet when you moved in, the condition of the carpet when you moved out, and the...
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1 Answer | Asked in Consumer Law, Personal Injury, Identity Theft and Internet Law for Georgia on
Q: A major US retailer has a bug on their website that exposes customer info. What are my options here?

I’ve contacted the retailer and they took 27 days to respond to my email and they said they opened an investigation. They seem to not be in any rush with this.

I would like to stress that this is a MAJOR US retailer.

Other customers’ information just started popping up into my... View More

Kimberly Grant
Kimberly Grant
answered on Apr 23, 2022

You very well may have a claim for this data breach which could result in compensation to you. A complaint would likely need to be filed against the retailer in order to make sure the flaw in their software is fixed. You should contact a lawyer in Georgia as soon as possible to explore this matter... View More

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: In Georgia, does responding to a collection notice by denying the debt reset the SoL clock for the debt?

Charter has sold an account of someone with my name, but living in a different state, that I've never lived in to collections agencies. I've disputed it multiple times and with all three credit agencies, but several months after dealing with one collections agency, it come back from a... View More

James W. Hurt Jr.
James W. Hurt Jr.
answered on Apr 13, 2022

Disputing the debt will not reset the statute of limitations. You should send a letter disputing the validity of the debt and explain once again that it is not yours and you have never lived in the state where the debt allegedly was incurred.

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 8, 2022

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Child Support for Georgia on
Q: I need to have a lien filed for child support arrears balance exceeding $25k in Cobb County.

Need help finding an attorney that can help get a lien filed against non-custodial parent real estate property in Cobb county, ga. I’m

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 3, 2022

Have you reached out to any Cobb County attorneys to see if they can help you with your case? Start there and have a consultation.

1 Answer | Asked in Consumer Law, Business Law and Collections for Georgia on
Q: Is a "professional parking management" company's fines enforceable? Not through a govt agency but a private company.
Cory D. Raines
Cory D. Raines
answered on Feb 26, 2022

These fines are generally not enforceable like tickets issued by law enforcement agencies. However, failure to pay the fines could result in outstanding balance being sent to a collection agency, which could negatively impact your credit.

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of serv

When a plaintiff uses the Sherriff to serve a defendant and, garnishee, do they still need to file a certificate of service with the court? The court has uploaded the sheriff's entry of service showing the dates the plaintiff and garnishee were served... Just trying to see if I need to... View More

Cory D. Raines
Cory D. Raines
answered on Jan 30, 2022

Good question. Like any other magistrate court claim, when you initially file suit and request the marshal's or sheriff's department to serve the defendant, you are required to fill out a form called the "marshal's entry of service" or something similar to that. Once a... View More

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

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