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Georgia Contracts Questions & Answers
1 Answer | Asked in Contracts for Georgia on
Q: Hey I’m financing a car and I’ve had it now for 3 months all my payments been on time

Today I called and told them to add it with my next payment because I didn’t get paid all my hours just to kind of keep them out of my business and he told me to bring in a check stub to prove it...I think that’s my personal business and I shouldn’t have to prove a point to them.Whats your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

My "thought on the topic" is a correct legal (and practical) opinion: You are going to lose your car unless you stop playing silly games with the dealer who sold you the car.

1 Answer | Asked in Contracts for Georgia on
Q: I asked to file a motion to compel all responses instead of default judgement when writing interrogatories to defendant

Defendant filed to respond. Can I ask for default judgement?

Anitra Walker
Anitra Walker answered on Oct 9, 2019

From your question, it sounds as if you have filed a lawsuit against another party and have served them with interrogatories but they have not responded, and you are now inquiring as to whether you can ask for a default judgment. Generally, a default judgment is granted to the plaintiff when the... Read more »

2 Answers | Asked in Contracts and Construction Law for Georgia on
Q: what justifies a termination of a contract between two contractors after work has already been preformed mid project

Also have only been partially paid. And this is a verbal contract but i have substancial physical and mathematical evidence to prove my litigation. This is for a residental paint job about half complete

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

A Georgia attorney could address your question in the best possible manner because your remedies could involve elements of Georgia law. But your question remains open for two weeks. As a general manner, without regard to jurisdiction, such justification could be governed by the terms of the... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Georgia on
Q: if a guest refuses to sign a lease, what should I do to get them evicted

Ex gf does not want to leave and does not want to sign lease rental agreement (month to month). what are my options? she has called the cops because I had to break in my basement (keys locked inside) and she has destroyed some of my personal property.

Anitra Walker
Anitra Walker answered on Sep 26, 2019

Although your ex-girlfriend has not signed an actual lease, because she is living in the property, a tenancy at will has been created. You will need to give her a 60-day notice to leave. If she remains after the 60th day, you can file a dispossessory (eviction proceeding) in the county in which... Read more »

1 Answer | Asked in Business Law and Contracts for Georgia on
Q: The company I owned and the d/b/a sued by a very good attorney for less than 100,000.

my only income is my social security - can that be garnished?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

No.

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, levy or other withholdings by the federal government, except:

To enforce child support and alimony obligations under Section 459 of the Social Security Act (42 U.S.C....
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1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I was served billybob, Inc., d/b/a grading and myname am I required to have an atty?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 11, 2019

To answer under your own name no, you have a constitutional right to defend yourself.

For the company yes, unless you're a GA licensed attorney you cannot defend the company. In certain circumstances the Court can waive that requirement. I would call the Clerk and ask.

Having said...
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1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Georgia on
Q: violation of privacy in a apartment I am being apartment I am being electronic harassed will to pay for investigator

Spyware on for 7 months as I write I hear them closing up sounds like flooring and my refrigerator goes off when the beeping start but now it’s back on and u can hear the person following me from room to room

Gary Kollin
Gary Kollin answered on Sep 5, 2019

Have you recorded any of this?

1 Answer | Asked in Contracts, Family Law and Insurance Bad Faith for Georgia on
Q: Can I use my step mother for withholding my father's life insurance if he verbally acknowledgements to give his kids to?

Can I use my step mother for withholding my father's life insurance if he had now I'll but he told his mother,father and siblings? Could we use these as witnesses?

Homer P Jordan IV
Homer P Jordan IV answered on Aug 16, 2019

You should consult with an attorney who can review the facts of your case in detail and provide you with the options. We would need more information on the facts to provide you with guidance. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

2 Answers | Asked in Contracts and Business Law for Georgia on
Q: I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. See below

I signed a non compete. That only says, I will not compete with the guy in the state of GA for 2 years. It does not say what the competitive services are. He breached the contract by not paying the full amount by $96. The full amount was to be paid in 90 days, in 3 installments. He shorted me the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 15, 2019

Without reviewing the contract in its entirety it's impossible to predict what may happen if he tries to enforce the agreement.

Generally one person breaching does not void the entire contract and does not mean that another person's breach cannot be acted against.

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1 Answer | Asked in Contracts for Georgia on
Q: I financed a car in 2014 but stopped making payments on it in 2016 when it stopped working. Can they sue for whats owed?

The car was picked up by the original loan company once I notified them I was not paying on a car that doesn’t work. Now the original company has sold my loan to this new company and they are filing suit against me trying to garnish my wages.

Warren V. Norred
Warren V. Norred answered on Aug 1, 2019

Sure. You owed money for a thing and then stopped paying for it. Typically, they can sue within four years.

Make sure that you get credit for the repaired value of the car, minus the cost to repair, as part of your debt.

You might also make a deal with the new company to pay a...
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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.

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Georgia on
Q: I was over paid by my job 30000$ at the time I was in financial hurricane and used the money this was2017 2019 arrested

For theft by taking I recieved a letter saying pay 15k 1rst month 10k 2 month and 5k 3rd month I was fired ant last 2week checks was took

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 31, 2019

That's interesting but you haven't actually asked a question.

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1 Answer | Asked in Contracts for Georgia on
Q: do I have to make payments on a car I have the title for?

I bought the car from a used car lot, i have a lien on it,I have not paid it off, but somehow I received the title and it's in my name and the title states that there is no liens.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

This very unusual situation is one that will test your honesty; and the choice you make may lead to down a very long winding road to the bottom of a legal ditch where you will be wishing you made a different choice. Since I believe you already know the right thing to do I will end by wishing you... Read more »

2 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: Can a proposed consent order be changed by the opposing party after a final hearing was had for a divorce settlement?

The opposing counsel refuses to accept the counteroffer/proposed order defendant sent to them. He refused because the "language" is not written in legalese but their client has already agreed to the counteroffer. Is this considered unethical of the opposing attorney to deny an agreement his client... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jul 25, 2019

Without seeing the facts of this case, I would say that if a final hearing has take place then it is a settled case. However, the person may be able to file for a modification. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options.... Read more »

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3 Answers | Asked in Divorce, Family Law and Contracts for Georgia on
Q: Is there a deadline for parties to submit a consent final order to the judge for approval in a divorce case?

Both parties are in agreement of the contents but opposing partys' attorney is not in agreement of how the agreement is written - says order text MUST match exact text from agreement given to the court - although the proposed order drafted by opposing attorney has been altered without consent.... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 25, 2019

This is not a general question, but a very specific one that no one can answer on this forum. In general, the oral agreement should match the written agreement. Without proof of the oral agreement, you may have an issue. You need to consult with an attorney.

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3 Answers | Asked in Contracts, Divorce and Family Law for Georgia on
Q: Hello. Is there a deadline to submit a divorce settlement agreement to a judge for approval in Georgia?

I dismissed my attorney from my case and am now pro se. My ex still has an attorney. We are not at odds and have an agreement. We went to a hearing where we just said we had an agreement. His attorney later sends me our agreement with added clauses (not agreed to during hearing) - telling me i have... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 22, 2019

You do have issues if his attorney is adding things you do not agree with. You need to seek counsel yourself to resolve this. It's not working out trying to do it on your own.

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1 Answer | Asked in Contracts for Georgia on
Q: My mother in law is 74 years old and hired a man to build a fence here in thomaston Georgia. He took $500 from her cash

He never returned to do the job. Isn't that a felony offense for defrauding the elderly?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Report this to the local police.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: Can I go after the franchisor if an officer of my corp. fraudulently encumbered my business?

This action arises from the findings of the court AFTER A Divorce case: Wife (an officer only) alters corp docs, tax returns, shares, etc. of my business and then executes a franchise agrmnt as "100% shareholder" with big company - third party w/o my knowledge. (all clearly stated in final decree... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 14, 2019

You can try but it's going to be difficult and without all the facts, which you should not reveal on a firum, it's impossible to say whether it would be worth pursuing. I would suggest that you look for an attorney to help you go through the documents and gather any evidence that exists and... Read more »

2 Answers | Asked in Contracts, Divorce and Family Law for Georgia on
Q: Can I have the settlement agreement updated to reflect changes to certain words being used?

I recently had a final hearing - we are in full agreement. The agreement needed to be altered with pen to correct what my lawyer did not send to the other party as I fired my counsel before the hearing. We signed the settlement with corrections but was not signed in front of notary as there is a... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Jul 11, 2019

You can request those changes, but the changes you have given above have no legal consequence in the enforcement or application of the settlement agreement. The terms in the current agreement are often used in divorce cases for ease of reference.

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1 Answer | Asked in Contracts and Small Claims for Georgia on
Q: In GA, if you loan someone in cash & have text evidence that it was a loan, can you take to court if they don't repay?

I helped my ex- boyfriend after being dropped from the NFL by giving him numerous small lump sums adding to $3500. There was no written contract, but agreements through text messages & constant asking about repayment. I also let him stay at my apartment, took his dog in, let him use my car so he... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 9, 2019

Yes, you can take your ex to small claims court; however, stick to the evidence you have (like text messages) and do not overplay "the back story" or try to play the "poor pitiful me" routine in court.

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