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Georgia Contracts Questions & Answers
1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for Georgia on
Q: got scammed by electrician - need an advise

I am using LLC to renovate an investment house.

I got scammed by electrician , he is a convicted felon, and he was unable to provide certificate to complete the city inspection as agreed with him.

Since he has financial issues, he asked me to sent the funds for this work to his... View More

James L. Arrasmith
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answered on Mar 6, 2024

When dealing with a situation where you feel scammed, it's understandable to explore all options to recover your funds. In your case, the complicating factor is that the payment was made to the electrician's girlfriend, not directly to the electrician himself. However, if you have a... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Georgia on
Q: If you give someone money to purchase property for you without contract, how can you prove your intent of ownership?

Bank transactions reflect transfer of funds on date of home purchase date

James Clifton
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James Clifton
answered on Feb 18, 2024

In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More

1 Answer | Asked in Criminal Law and Contracts for Georgia on
Q: Failure to return a uhaul truck on time (3 weeks late) is that theft by conversion, or breach of contract?
Glenn T. Stern
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answered on Feb 15, 2024

It could be either, depending on the facts and circumstances of the rental and why it wasn't returned. It would be up to the attorneys on both sides (and perhaps, ultimately-a fact-finding jury or judge at trial) to determine whether there was any criminal intent behind the failure to return... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Georgia on
Q: If a person puts up a cash bond 2 release inmate until court, changes mind & doesn't want 2 B responsible any longer,

hires bail Recovery person 2 return inmate. Recovery man gets inmate 2 jail & releases inmate or let's inmate escape, has he fulfilled his obligation or broken contract. He took $ as if he completed job. Was that illegal?

James L. Arrasmith
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answered on Feb 5, 2024

In this situation, if a person initially pays a cash bond to release an inmate and later changes their mind, they may seek the services of a bail recovery agent to return the inmate to custody. The bail recovery agent's responsibility is to locate and return the inmate to jail, not to... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: I’ve been in my apartment for about 8 years and I have been constantly asking for new doors cabinets and now my furnace

Is not working been a week now what options do I have

T. Augustus Claus
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answered on Feb 1, 2024

In Georgia, tenants have rights regarding the habitability of their rental units. If you've been experiencing issues with your apartment, such as faulty doors, cabinets, or a malfunctioning furnace, you have several options. First, you should notify your landlord or property management company... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Georgia on
Q: how do you proceed with paperwork for theft of services in a business?

we had a guest stay on property, and did not pay, this balanced accrued overtime for more than 7k. Our company is looking to file a theft of services report and are unsure how to proceed.

T. Augustus Claus
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answered on Jan 11, 2024

To proceed with a theft of services claim in Georgia, you typically follow certain steps. Begin by gathering evidence that clearly establishes the unpaid balance, such as invoices, communication records, or any written agreements. Once you have sufficient documentation, you may want to send a... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Even though our HOA bylaws have an Open Meeting Section, can the board have meetings without being open?

Bylaw: Section 9. Open Meetings. All meetings of the Board shall be open to all Members, but Members other than the Directors may not participate in any discussion or deliberation unless expressly so authorized by the Board.

Some board members want to have meetings without homeowners and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

If this is an issue with the property owners of your subdivision, then I recommend that you (and some of the property owners) consult with an attorney to obtain a legal opinion on this. The attorney providing the opinion will hopefully charge a legal fee in allows the interested property owners to... View More

1 Answer | Asked in Contracts, Small Claims and Civil Litigation for Georgia on
Q: Can I sue?

I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.

Sabrina A. Parker
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Sabrina A. Parker
answered on Dec 18, 2023

Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or... View More

1 Answer | Asked in Business Law, Contracts and International Law for Georgia on
Q: Contracted to fly airplane from Curaçao to United States. Not paid for services rendered or expenses. Is a lien wise?

I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs.

The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline.

We... View More

James L. Arrasmith
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answered on Dec 11, 2023

In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Georgia on
Q: Eviction default on payment plan and writ of possession notice.

I had an eviction filed against me due to late payments, but then signed a written agreement for a payment plan. I defaulted on this payment plan and have only received notice by text about a writ of possession being filed. I received the initial dispossessory notice, but I'm unsure of the... View More

Kent Bailey
Kent Bailey
answered on Mar 28, 2025

More information is needed here to provide an accurate answer. Was the initial dispossessory action dismissed or continued? Did the settlement agreement address anything with regards to default on the payment plan? You have an opportunity to contest the eviction if you have not already... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Can I subpoena a storage facility that auctioned my belongings due to billing errors?

I'm wondering if it's possible to subpoena a former storage facility that auctioned off my belongings. This occurred due to overstated billing over the phone, which I realized too late. I want to recover legal and personal documents that were sold. The facility informed me that my items... View More

Michael W. Horst
Michael W. Horst
answered on Mar 27, 2025

Before you have the ability to subpoena any documents or person, you will first need to file a lawsuit against the storage facility. Once suit has been filed, you are free to engage in discovery including the issuance of subpoenas.

1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Georgia on
Q: Verbal agreement after scratching coworker's car; paid damages, no insurance involved. Any concerns?

After scratching a coworker's bumper while leaving work, I immediately informed them, and we verbally agreed on $400 for the damages, which I paid right then. I didn't notify insurance or the police. I have two coworkers as witnesses to this verbal agreement. I don't have the other... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Georgia attorney could advise best, but your question remains open for a week. Given the amount of the matter, the fact that it appears to be resolved, and that you have witnesses, you might want to simply "let sleeping dogs lie." It's up to you. What you could keep in mind if... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue a dealer for not providing car title for registration in GA?

I purchased a car from a private dealer in Georgia in September 2024, intending it for my mother to drive. However, I cannot legally register the car because the dealer failed to provide the necessary title information to the Department of Revenue (DOR). Despite multiple attempts to resolve the... View More

Kent Bailey
Kent Bailey
answered on Mar 11, 2025

In short, yes you can sue the dealer for failure to deliver title in this situation. I would recommend discussing your options and recourse with an attorney.

1 Answer | Asked in Bankruptcy, Contracts and Criminal Law for Georgia on
Q: What is a beneficial equitable title holder and its rights in a court case?
James L. Arrasmith
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answered on Feb 19, 2025

When you hold beneficial equitable title, you possess the right to use and benefit from property, even though someone else might hold the legal title. This unique position grants you significant standing in court cases, particularly when disputes arise over property rights or trust arrangements.... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: In GA , can I sue the seller of home with a FSBO financed Contract for deed for not having real est. lawyer at closing?

No lawyer at closing, also contract stated how and who to make pymts and owner changed that also w/o notice or amendment to contract. He required after a year for pymts to be made to 3rd party ( now know a Property mgr) who kept insisting I was leasing not purchasing property. Now stating we owe... View More

Anthony M. Avery
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answered on Jan 16, 2025

Contract for Deed is not buying real property. It is a Lease With Option To Purchase. All monies paid are rent unless you exercise the option. You will have to file suit to enforce the Contract. If you lose possession all monies/rentals are forfeited.

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue a RE firm in GA for operating while Admin Dissolved for 14 yrs. I was served for eviction and looked them up.
Anthony M. Avery
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answered on Dec 13, 2024

You should be able to claim the plaintiff does not exist at Court. Hire a GA attorney to defend you. But Court will give them continuance to substitute proper party.

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Georgia on
Q: If I received a formal complaint from a business, is there a way to get a little more time to properly file an answer?

I had a car get stolen and I wasn't notified by the lender that it was recovered, because I could've paid for it then to avoid this. I'd like to respond and say that this feels predatory and try to find an agreement to settle the matter.

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a Georgia attorney, in most settings, the answer is "yes." It could depend on the law firm bringing the action, but most attorneys often grant a first-time request... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Georgia on
Q: Hi I want to get out of my lease with receiving my deposit back my lease isn’t up until Feb 2025 but there are rodents

Infested within the home that I was unaware of I contacted my landlord in March and she told me to by rat traps which I did and since have caught 9 rats and there is something still in the home that’s leaving rat poop and has chewed through the walls . You can hear something moving around in the... View More

Kent Bailey
Kent Bailey
answered on Nov 3, 2024

Given what you have described in your question, it appears that you may qualify for termination of your lease under what is known as a "Constructive Eviction". A review of the terms of the lease would be necessary to advise specifically, however, I recommend that you speak with an... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: If you have storage building in Augusta they cut your lock. If you are 15 days late & take pictures of your stuff
James L. Arrasmith
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answered on Oct 26, 2024

It sounds like you're worried because your storage facility in Georgia cut your lock after you were 15 days late on payment and took pictures of your belongings. In Georgia, storage facilities often have policies that allow them to take certain actions when payments are overdue. Cutting the... View More

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