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Georgia Consumer Law Questions & Answers
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
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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... View 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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Estate Planning, Consumer Law, Copyright and Criminal Law for Georgia on
Q: Can I use e plurubus Unum as name for my brand as long as it don’t contain the logo
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 1, 2019

You should check if it is registered already.

If it is not, you may get it, depending on what it is used for.

Most government names, brands, documents, etc. are not registered.

They may have security protection, but unless that is the case, or are other requirements for...
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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Georgia on
Q: My mother was arrested for a small shoplifting crime and its her first offense. Will it stay forever and be jailed? GA

My mother was convicted of shoplifting of a SMALL item and was around $5 or $2. We paid bail yesterday and have court on May. Will she be jailed as this is her first offense? Or, can we keep her out as we already gave the jail money?

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 27, 2019

Make sure she goes to all her court dates. Her attorney will be able to take all the facts into consideration and get the best resolution. Make sure she goes to every single court date though.

1 Answer | Asked in Consumer Law, Criminal Law and Small Claims for Georgia on
Q: A person bought me a vehicle for $2,500 by using a credit card the bill of sale and title are in my name they also paid

They also paid $1,000 by credit card for my license to be reinstated we dont have a written agreement on when or how to pay the money back i dont have the money to pay and he is wanting to have me arrested can i get into trouble is this a criminal or civil matter

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 27, 2019

You had an oral contract, he can file suit or petition the court for an arrest warrant. He will be able to provide the court with his evidence and you will have to defend your position. It may be best to see if he will take a payment plan before it gets really bad and you will have to pay the loan,... View More

1 Answer | Asked in Consumer Law, Family Law, Civil Rights and Health Care Law for Georgia on
Q: How can someone negotiate a excessive transportation charge for a involuntary 10-13 committal to a psychiatric facility?

Involuntarily committed by a physician under a 10-13 for a suicide attempt. After stabilization in an ICU one must be evaluated by an authorized psychiatric facility. The closest bed space was apparently 85 miles away. The Sheriff's Office was called to transport, but apparently could not, so... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 7, 2019

You may want to consult with an attorney who can review the facts of the case in detail and present you with any options you may have. Without seeing the paperwork involved or knowing all the details it is difficult to provide a response. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Insurance Bad Faith for Georgia on
Q: Insurance Agent's dishonest conduct & practices

My question is a little complicated. This has to do with a State Farm Insurance Agent who owns his own agency and is allowing his son to commit theft and fraud out of his agency/office. What is the best way to go about reporting this?

David Edward Boyle
David Edward Boyle
answered on Jan 28, 2019

You can always file a police report to file a complaint about the crime. You can also contact the corporate office of State Farm and make them aware of it.

1 Answer | Asked in Consumer Law and Small Claims for Georgia on
Q: I filed BK-7 to protect my vehicle from repossession, the BK-7 was discharged but I filed an Adversary and need to sue.

First American Title of Georgia will not release my vehicle because I filed an Adversary to the BK-7 and I was informed by the judge that I need an attorney and I may be in the wrong court to file a lawsuit against First American Title to have my car returned and the missing valuables that were... View More

Seth Meyerson
Seth Meyerson
answered on Nov 12, 2018

Probably not.

1 Answer | Asked in Consumer Law for Georgia on
Q: How do I file a class action lawsuit against Norwegian Cruise Lines
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2018

A starting point could be to consult with a law firm that handles class action cases. They would likely want to examine the ticket, as cruise lines in general could include terms and conditions that govern or limit the manner in which claimants may bring legal action.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Georgia on
Q: Can a dealership say financing wasnt approved, report the car stolen & not give the chance to find other financing

All paperwork signed, bailment agreement exists but only gives dealer right to repossess/rights of secured party. 3 weeks since purchase of the car with pre-approved loan. Heard nothing during that time, then suddenly threatened to report car stolen if not returned and then received a “Thank you... View More

David Edward Boyle
David Edward Boyle
answered on Sep 28, 2018

If they report the car stolen and you get arrested instead of the dealer going through the repossession route then you will have a fantastic lawsuit. Keep making the monthly payments.

1 Answer | Asked in Bankruptcy and Consumer Law for Georgia on
Q: Can a collector/creditor sue you for a debt they bought? State of Georgia Current creditor: Barclays Bank Delaware

Original creditor: Citibank

Last payment 6/23/08

Charge off date 3/30/09

Is this now past the statue of limitations?

Timothy Denison
Timothy Denison
answered on Aug 24, 2018

Yes.

2 Answers | Asked in Child Support, Consumer Law, Divorce and Small Claims for Georgia on
Q: Im the divorce decree I am to collect an amount for child support and a different amount for childcare.

Childsupport enforcement could only collect the childsupport part. Im still owed the Child care portion. Is there anything I can do?

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2018

Yes, if the other side hasn't paid, then you can file for contempt against him in Superior Court.

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1 Answer | Asked in Bankruptcy and Consumer Law for Georgia on
Q: Debt collector suing me but didn't include a signed contract for proof. Can this be thrown out because of that?

Being sued by Portfolio Recovery Associates for $2849 for credit card debt. Amount seems wrong. Exhibits they included were just two old statements, generic terms and conditions and generic bill of sale that doesn't specify my account as being included in the sale. No signed contract included.... View More

Timothy Denison
Timothy Denison
answered on Jun 28, 2018

The lack of a signed contract does not preclude the creditor from filing suit to collect the debt. Many times the contract is lost or destroyed but the creditor can still prove his case by circumstantial evidence, such as statements, payments, mailing address, etc.

1 Answer | Asked in Bankruptcy and Consumer Law for Georgia on
Q: Can I still be sued for debt with no signed contract or specific BOS included in complaint?

Being sued by Portfolio Recovery Associates for $2849 for credit card debt. I don't think the amount is correct. Exhibits they included were just two old statements, generic terms and conditions and generic bill of sale that doesn't specify my account as being included in the sale. No... View More

Timothy Denison
Timothy Denison
answered on Jun 26, 2018

Yes. You can still be sued. Deny everything in your answer and then you can hem you can negotiate the amount.

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