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Georgia Small Claims Questions & Answers
1 Answer | Asked in Small Claims and Consumer Law for Georgia on
Q: Hi, I live in GA. Is a warranty valid if you never received it?

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?

John Michael Frick
John Michael Frick
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...
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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

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.

Jennifer Pierce
Jennifer Pierce
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

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1 Answer | Asked in Small Claims for Georgia on
Q: What St.Louis Magistrate Court form is used to place a Georgia Mag. Ct. judgement on the Defendant's St. Louis bank
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

3 Answers | Asked in Civil Litigation and Small Claims for Georgia on
Q: I’m being sued for small claims amount on documents state I owe the plaintif $2,491.00 for money I took from his busines

Plaintiff states while working for his business I (Took) money from his business

N'kia (NLN)
N'kia (NLN)
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...
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1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: I want to sue someone but don’t have money for a lawyer
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Small Claims for Georgia on
Q: My friend owes me lump sum money and now she is refusing to pay it back what can I do as a legal side
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: I was stuck in an elevator at a Marriott hotel for almost a hour with 4 other people that I didn’t know. Should I sue?

It was during DragonCon and I had only been there for 10 minutes. I was going up to the room and the elevator went down and stop real hard. One guy in the elevator said this was the second time it happened he was on it the first time. We were stuck in between floors. It was extremely hot in there... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You may have a claim for negligent infliction of emotional distress. Some states have the impact rule which requires that there be a physical injury in order to recover for emotional distress. You should retain counsel to investigate if you have a viable claim.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Georgia on
Q: Who has recent experience in Ga. Superior court re: HOA dispute
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Divorce and Small Claims for Georgia on
Q: My truck is in my girlfriend's name and she is making me leave but I payed every payment thru her account for my truck

I need my truck or I will lose my job all I want is my truck

Regina Irene Edwards
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Regina Irene Edwards
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.

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

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.

Jennifer Pierce
Jennifer Pierce
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.

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

1 Answer | Asked in Bankruptcy, Small Claims and Contracts for Georgia on
Q: Should I accept the debt I was served with or say no and go to court? I need the easiest/cheapest way through this.

Hello, I was served with papers on May 23rd which started my 30 days to respond from Prestige Financial. I had filed bankruptcy, Ch. 7 in April 2021 and got a car through Prestige. They were 1 of many people that sent me letters about getting a car because I filed bankruptcy. I'm a married... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2023

Determine whether you view the debt first. If you don’t, challenge it in court. If you do, try and negotiate a payment plan or lump sum payment to resolve. Consular sn attorney who can help you choose the right path.

1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

1 Answer | Asked in Divorce, Collections and Small Claims for Georgia on
Q: if I bought something under someone's else line of credit but I paid for it. Can I take it when I move out?

I am getting divorced. I want to take the air conditioner but they are refusing because it was bought under their credit but I paid for it in full. Would I be legally allowed to take the item?

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 30, 2022

This is personal property that is marital property and must be determine in the terms of your divorce, either by agreement or by a judge's order.

1 Answer | Asked in Contracts, Family Law and Small Claims for Georgia on
Q: Can I file a case in small claims court if one parent will not split the medical cost?

I have a CS order that state medical cost are to be split 50/50. I am looking for a judgement for repayment.

Homer P Jordan IV
Homer P Jordan IV
answered on May 2, 2022

You may be able to do that. Contact your local court to inquire about the process.

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 8, 2022

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Small Claims for Georgia on
Q: I was asked to go talk to a detective about the allegations that i stole jewelry. How can I maintain my innocence.

The prosecutors have no evidence besides the fact that I knew where the key was. (Under the front door mat)

They said I pawned it off. I have never been to any pawn shops ever.

Can I ask the detective to swab for fingerprints because I know I never touched it?

The... View More

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

You need to contact a criminal attorney immediately.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: What do I do

Ex is suing me for items of furniture that belongs to me claiming it belongs to him and for items that have never been in my home and even a cat that he took me to adopt because I rejected him the other day when he came back to my house and I told him to leave or I would call the police

Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Most people in your situation meet with an attorney who can defend them against the lawsuit.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: OK I want to file suit on the state of Georgia for violation of my constitutional rights for self defense laws
Michael D. Birchmore
Michael D. Birchmore
answered on Oct 13, 2021

Okay? Did you have a question to ask us?

1 Answer | Asked in Banking, Identity Theft and Small Claims for Georgia on
Q: If someone was arrested for using my card and I want to drop the charges will the arresting officer obligee

FINANCIAL CARD FRAUD 16-9-33

The woman charged was tricked into using it under instruction of her boyfriend who was responsible for finding my wallet

Cory D. Raines
Cory D. Raines
answered on Oct 3, 2021

This depends on several factors. However, contacting the prosecutor's office and letting them know that you don't want her to be charged is a first step. You can request to fill out a non-prosecution affidavit, but ultimately it is up to the prosecution to determine if they will dismiss... View More

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