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Georgia Contracts Questions & Answers
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 Contracts and Collections 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

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

1 Answer | Asked in Consumer Law, Contracts, Antitrust and Collections for Georgia on
Q: Me and a guy agreed work on my car and returm i would help him work on his car now he wants 200 and want give me my car

My car is in peices not running now he's being a jerk and i dont want to work with him no more but now he has my car lock inside a bulding and want give it to me unless i give h 200 buckscan he do this to me

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a difficult situation. If you had an agreement with the other person to trade services, but now they are demanding money and holding your car, it could be a breach of the original deal. It may not be legal for them to withhold your car, especially if you didn’t agree... View More

1 Answer | Asked in Contracts, Internet Law and Real Estate Law for Georgia on
Q: the student apartment complex he signed a lease for through the internet is not what was advertised. Does he have rights

In the slums not a safe neighborhood and one of the roommates are out on bond for sexual assault. Can he break the lease?

James L. Arrasmith
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answered on Aug 31, 2024

You have the right to expect that the apartment you leased matches what was advertised to you. If the apartment is in a significantly different condition or in an unsafe neighborhood, you might be able to argue that the landlord has violated the terms of the lease by misrepresenting the property.... View More

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia on
Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More

James L. Arrasmith
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answered on Aug 15, 2024

When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More

1 Answer | Asked in Legal Malpractice, Bankruptcy and Contracts for Georgia on
Q: A judge ruled against me for contempt of court, while I waswithout legal representation, for an legal fees equity claim.

I haven't had steady work since the case against me by my former attorney was filed in 2022. But she still said I waswillingly failing to pay attorney fees. The attorney already committed legal malpractice by failing to protect my interest protected by Georgia statutory law.

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're dealing with a complex situation involving legal representation and a contempt ruling. Since you were without representation during the hearing, you might have grounds to challenge the ruling based on the lack of a fair opportunity to present your case. It’s crucial to... View More

1 Answer | Asked in Contracts and Business Law for Georgia on
Q: I have breach of Contract/Account in Gwinneett County, Atlanta, GA. I wnat to know what's the law for Breach of Contract
Kent Bailey
Kent Bailey
answered on Jul 13, 2024

A breach of contract occurs when one party to the agreement fails to fulfill their legal obligation as defined by the terms contained within the contract. More information is needed to fully advise on your situation. I would recommend speaking with an attorney.

1 Answer | Asked in Contracts and Criminal Law for Georgia on
Q: I need to domesticate a judgment from AL to GA can you help?

Judgment was ordered by default the creditor was a no show at the hearing

Joel Gary Selik
Joel Gary Selik
answered on Jun 20, 2024

Find an attorney to domesticate and collect the judgment using this search tool https://www.justia.com/lawyers

1 Answer | Asked in Contracts and Tax Law for Georgia on
Q: Do motel still remove sales after a certain amount of time? In georgia
James L. Arrasmith
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answered on Jun 9, 2024

In Georgia, motels, like other lodging establishments, must adhere to state laws regarding the handling of guest property. If you are referring to the removal or disposal of unclaimed property (such as items left behind by guests), motels generally have policies in place for handling these items.... View More

1 Answer | Asked in Consumer Law and Contracts for Georgia on
Q: Can I sue a car dealership for selling me a vehicle they did not fix?

A car dealership sold me a vehicle that needed a part replaced. The part was never replaced and the sales lady told me to come pick my vehicle up. I spoke to the manager and he told me it was bad communication between the teams. I have had to put thousands of dollars toward fixing my vehicle... View More

Michael L. Thompson
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answered on Feb 12, 2024

Your claim is not a product liability case, which applies when a manufacturer sends out a vehicle with a flawed or dangerous problem, like air bags that blow metal shards into the driver's face. Your issue is a contact issue. You can either hire an attorney or see if the small claims court for... View More

1 Answer | Asked in Contracts for Georgia on
Q: on file it states a sheriff served me directly, but i was not served directly i live 2 hours away

just wondering if i have a fighting chance

T. Augustus Claus
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answered on Dec 20, 2023

If the court documents state that a sheriff served you directly, but you were not actually served and live two hours away, you may have grounds to challenge the service of process. In Georgia, proper service is crucial for the court to have jurisdiction over your case. You can raise this issue with... View More

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We've been in a rent to own house for about 6-7 months now, we got it as is and the landlord lied about what was needed.

Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More

Anthony M. Avery
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answered on Nov 27, 2023

You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.

1 Answer | Asked in Contracts for Georgia on
Q: Hello! I am in a pawn contract that is being broken by 1 cent, can I get out this contract?
Tim Akpinar
Tim Akpinar
answered on Nov 12, 2023

A Georgia attorney could advise best, but your question remains open for four weeks. An attorney would probably have questions about the underlying contract and the facts of the situation. But as a general matter, the other side might argue that one cent is an insignificant and unjustifiable basis... View More

2 Answers | Asked in Contracts, Business Law and Collections for Georgia on
Q: Lawncare company has serviced our yard for 18 months after we cancelled verbally. Now they are threatening to sue.

We have a verbal arrangement with a local lawncare company. When they were servicing our yard, they ran over our irrigation system twice. on the second time the crew stopped and i told them we need to pause service until the boss comes out to discuss, i spoke with him and he mentioned he would come... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2023

Possibly. You would have to prove you canceled the service, and convince the court that you believed 18 months of lawn service was merely a gesture of goodwill. See an attorney for an assessment of your defense. Try working it out.

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