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Georgia Contracts Questions & Answers
1 Answer | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

1 Answer | Asked in Consumer Law, Lemon Law and Contracts for Georgia on
Q: Can I make a car dealer pay for transmission repair if bought "as is"?

I purchased a car four days ago, and I still owe $293 on it. The car recently stopped working due to a transmission issue. I bought the car "as is" after the dealer assured me verbally that there was nothing wrong with it. When I contacted the dealer, they refused a refund but offered to... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

A vehicle bought on an "as-is" basis will typically be very difficult to enforce any type of recourse as to a defect. That said, if you can prove that the dealer misrepresented the condition of the vehicle and nothing being wrong with it, then you could bring an action against the... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Sued for breach of contract with unlicensed contractor in Georgia.

I am being sued for breach of contract by a contractor, but there was no written contract, and the contractor is not licensed in Georgia. The dispute involves remodeling work for a property I own. I paid the contractor $125,000 based on a verbal agreement about the scope of work, which took place... View More

Kent Bailey
Kent Bailey
answered on Mar 10, 2025

The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... View More

1 Answer | Asked in Business Law, Contracts and Civil Litigation for Georgia on
Q: Truck held by repair shop led to business loss. Legal actions?

I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More

Kent Bailey
Kent Bailey
answered on Feb 26, 2025

There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More

1 Answer | Asked in Contracts and Entertainment / Sports for Georgia on
Q: is it illegal to photograph minors at school sports and sell them to the general public without consent
JJ Poole
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answered on Jan 21, 2025

The legality of photographing minors at school sports events and selling those photographs to the general public without consent can be complex and may vary depending on jurisdiction. However, there are several general principles that can and should be considered:

Expectation of Privacy:...
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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More

2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are...
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1 Answer | Asked in Contracts, Criminal Law, Estate Planning and Elder Law for Georgia on
Q: Is it probate fraud to use the "no admin required" for estates above $15,00.00 in GA? 'it is a "license to steal"

I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More

James Clifton
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James Clifton
answered on Sep 3, 2024

There is no monetary limit on a No Administration Necessary filing. The only requirements are:

1. All heirs must agree to the distribution of the assets of the estate.

2. There are no debts of the estate.

3. If there are debts of the estate all creditors have consented to...
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1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

2 Answers | Asked in Contracts, Family Law, Civil Rights, Juvenile Law and Divorce for Georgia on
Q: If I have stuff in my husband's storage who I am separated from and he changed the code, how can I get my stuff?

My son has valuables in his dad's storage that he has a key to. But my husband changed the code so we couldn't get in. What can we possibly do to get his stuff?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 4, 2024

If the owner will not give you access to the area then you will need a court order to obtain your belongings. Which means when you file for divorce, you address to either the court, or in your agreement, what things you have to obtain from any residence. And the court will determine a date and... View More

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1 Answer | Asked in Consumer Law, Contracts and Business Law for Georgia on
Q: customer wants deposit back after canceling job half way done

Received a 720 dollar deposit that i used to purchase materials ,also worked on site for 5 hrs and off site for 2 hrs , I charge 120hr

irrigation repair

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for a month. I'm sorry this was done to you after your hard work. If push comes to shove and the matter finds its way into court, a local attorney would need to advise of the full range of contract defenses that avail... View More

2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Georgia on
Q: Are brokers responsible for their clients' property taxes?

I am a real estate agent. I helped a foreigner sell his house. We had listing brokerage agreement. During this period, the seller did not pay the property tax. The county collected late fees from the seller. The seller said that I did not tell him about paying the property tax. I did not receive... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, it's unlikely that you as the real estate agent would be responsible for your client's property taxes or late fees. However, let me break down the key points and considerations:

1. Broker/Agent Responsibilities:

- Generally, real estate...
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1 Answer | Asked in Contracts, Estate Planning and Family Law for Georgia on
Q: I'm making a personal loan to my brother for divorce, car, etc. I have and continue to provide financial help to him

He barely meets living expenses so I'll not be repaid in monthly payments. He owns a home and has life insurance. He offered to list me as beneficiary on his life insurance or should we use his home? (he has adequate equity) What kind of legal document/letter do I need to ensure repayment... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 2, 2024

A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.

1 Answer | Asked in Constitutional Law and Contracts for Georgia on
Q: WAIVER AND RELEASE UPON FINAL PAYMENT. The "NOTICE" is 60 days , current law is 90 days. Which date is enforceable?

THE Form that was signed was supplied by the GC in the close-out documents. 60 days is getting close.

James L. Arrasmith
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answered on May 1, 2024

In the situation you've described, where there is a discrepancy between the notice period stated in a document supplied by the general contractor and the current legal requirement, the enforceable date usually defaults to the one that complies with current law. In your case, if the law... View More

2 Answers | Asked in Bankruptcy and Contracts for Georgia on
Q: Ex-husband filed chapter 7 in 2019, but I just found he added me as a creditor and said he didn't know where I lived.

I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.

Timothy Denison
Timothy Denison
answered on Apr 20, 2024

It sounds like you are a creditor bc of the unpaid agreement but that should not affect you getting paid bc domestic and other support obligations are non-dischargeable. You might, however, want to report his fraud regarding where you lived to the US Trustee handling his case.

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2 Answers | Asked in Bankruptcy and Contracts for Georgia on
Q: Ex-husband filed chapter 7 in 2019, but I just found he added me as a creditor and said he didn't know where I lived.

I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.

James L. Arrasmith
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answered on Apr 20, 2024

In your situation, it's important to first clarify the nature of the agreement and the debt involved. If the agreement was for child support or another personal obligation, and he filed bankruptcy, you might still be able to enforce the agreement. Bankruptcy generally does not discharge debts... View More

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1 Answer | Asked in Construction Law and Contracts for Georgia on
Q: What does the phrase "execution" mean in a contract with a contractor?

WE have an insurance claim and our contractor's estimate is far off from the adjuster's, and what the insurance company is willing to pay. The contract states that if it is cancelled 3 days from execution then we owe %1500.00. In this instance. What does "execution" mean?... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. The term execution usually means to complete the formation of the contract by having necessary parties sign. But the term is also used loosely, so that some may argue that it involves carrying out the obligations. It... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi, press forgery charges in Plaintiff or Defendant or Contract Lease location county? Have handwriting expert opinion

I need to know what jurisdiction do I file in? Plaintiff resides Fayette County, Defendant resides Gwinnett County, Address of Contact Lease:Spaulding County. Forgery and Theft by taking

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, there are a few factors to consider when determining the appropriate jurisdiction for filing charges related to alleged forgery and theft by taking:

1. Location of the alleged crime: In most cases, criminal charges are filed in the county where the...
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