Get free answers to your Small Claims legal questions from lawyers in your area.
In an auto accident personal injury case, can the injured party sue the defendant in small claims court in the counties of 2 different states and attempt to have them served in both states counties if the defendant has addresses in both states and you are unsure which address they live at or is... View More
answered on Jun 24, 2024
There are two separate issues which you have combined in your question: Personal jurisdiction and service. Personal jurisdiction refers to a court's authority to adjudicate the rights and liability of the defendant. In an auto wreck case, a court has personal jurisdiction if the wreck... View More
How long in ga do I have to do the motion to set debt
answered on Jan 5, 2024
If you have a valid legal reason to move the court to set aside the judgment, then you can do it once you find out about the judgment. For example, if you get garnished for a judgment that was obtained without you being served with the underlying suit, then you could file the Motion to Set Aside... View More
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.
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
I had sold my old apple watch that hasn't activation lock with my sister's email because it was her old Apple watch what will happen if I refuse to give this person his money back and we both don't know the password
answered on Nov 17, 2023
Selling an Apple Watch with an activation lock without disclosing this to the buyer could be considered misrepresentation or fraud, particularly if the lock renders the watch unusable. If you refuse to refund the buyer, they may have the right to pursue legal action against you for the return of... View More
I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More
answered on Nov 5, 2023
In preparing to collect on a judgment, it is wise to consider all available legal avenues. Once you obtain a judgment, you can enforce it through garnishment of wages, bank accounts, or by placing a lien on the defendant's property. If the defendant has a history of bankruptcy, it's... View More
I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More
answered on Nov 4, 2023
It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More
Willow point neighborhood at Cobb county Georgia
answered on Oct 17, 2023
No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More
I purchased a shed last Oct. that is now leaking and has caused mold. It has 1yr builder warranty. I'm now being to it's not covered because I had the shed finished. I never received the warranty in person, verbally, via email or mail. Is it still valid?
answered on Sep 19, 2023
Yes. If a Seller gives a warranty on its goods, the warranty is valid and enforceable even if the consumer never read or even received a printed copy.
Under the Magnuson Moss Act, the Seller must make the warranty available upon request. Back in the day, Montgomery Ward Department Store... View More
I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.
answered on Sep 8, 2023
If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More
answered on Aug 23, 2023
To enforce a foreign judgment from a Georgia Magistrate Court in St. Louis, you would typically need to follow the process outlined by the Uniform Enforcement of Foreign Judgments Act (UEFJA) in Missouri. The form you would likely use is called an "Affidavit for Filing Foreign Judgment",... View More
Plaintiff states while working for his business I (Took) money from his business
answered on Apr 2, 2023
You should speak with an attorney about such factors as:
- The other party's claims and your potential defenses to those claims
- Your potential counterclaims and the other party's potential defenses to those claims
- Criminal charges that could result from the... View More
answered on Feb 9, 2023
A Georgia attorney could advise best, but your question remains open for a week. It could depend on what type of matter you have. If an attorney is willing to handle things on a contingency basis, that usually means the legal fee is a percentage of recovery, paid at the end. There is also small... View More
answered on Dec 29, 2022
A Georgia attorney could advise best, but your question remains open for five weeks. Depending on the amount, you could look into small claims court. Nationwide, most civil courts have small claims sections designed for do-it-yourself claimants. Good luck
I paid some but they want whole amount I started with to pay back
answered on Sep 26, 2024
Typically most contracts have an "acceleration clause" that allows them to accelerate the full amount of the loan once you default. You may want to reach out to the assignee (3rd party who purchased account) and see if you can iron out a reasonable payment plan with them.
Or moved it off my property what do I do next
answered on Sep 9, 2024
First, check your local and state laws regarding abandoned property or vehicles, as these can vary significantly. Often, there is a specific process for handling abandoned trailers or personal property left on your land after an eviction. You might need to post a notice on the trailer and send a... View More
I won a judgement in Magistrate court in Clayton County, Georgia. I have filed the FiFa. I am trying to figure out what I need to file for post-judgement discovery so I can garnish wages, bank accounts, and property. I have read that I will need the defendant to disclose this information in... View More
answered on Jan 2, 2024
You can file Post Judgment Interrogatories to Defendant and Request for Production of Documents.
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
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.
answered on Sep 27, 2023
A Georgia attorney could advise best, but your question remains open for a week. It looks like you're searching for an attorney. In addition to your own searches, there's a tab above - Find a Lawyer. There are also attorney referral sections at the websites of many state and local bar... View More
I need my truck or I will lose my job all I want is my truck
answered on Aug 16, 2023
It's not your truck if it's not in your name. You probably need to just buy a new truck or negotiate with her to get her to sign the title over to you in exchange for a payment.
in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.
answered on Jun 30, 2023
If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.
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