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Georgia Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Georgia on
Q: where to file civil suit against a store in cobb cty that lost my $5k machine. They're registered in Augusta.

Due to the store manager's negligence or carelessness they actually gave my machine to another customer and claim they can't get that customer to bring it back. Evidently we both took our matching machines in to be serviced at the same time. They refuse to replace my machine with a new... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 1, 2021

Make sure that you are actually dealing with a c o r p o r a t i o n and not simply a "business." Corporations are actual legal entities that have been registered with the GA Secretary of State. Note that OCGA 14-2-510 addresses actual corporations. Registered with the state. Not just... Read more »

3 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for Georgia on
Q: Can I still file a lawsuit for property damage against insured if their adjuster sent a check that I didn’t agree to?

Hello I put in a claim with at fault insurance for damages to my car, they deny me in 2 days. Almost 2 months later they change it to 60%, I reject it because their client was fully at fault. A year later the person that was driving my car wins his personal injury claim for $25k, six months after I... Read more »

Chris White
Chris White answered on Mar 30, 2021

Call me for a free consultation (434) 660-9701

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1 Answer | Asked in Banking, Civil Litigation and Small Claims for Georgia on
Q: Can you get prosecuted if someone ask you to route their money to your account and you keep it?

My boyfriend was incarcerated and wanted me to bail him out. So he gave me his account info to route to my account. His grandfather actually got him out the day before the money posted and he immediately went and used heroin. Which he promised he wouldn't. So now the money has cleared and is... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Feb 25, 2021

The phrase "If it walks like a duck; it's a duck." certainly applies here. If you truly believed it is okay to keep the money entrusted to you for another purpose, you would not be online asking your question. Of course it doesn't belong to you. What would justify you keeping the money?

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Georgia on
Q: If driver caused bodily harm without insurance, then tries to fight citation with new insurance does driver get a pass?
Michael W. Horst
Michael W. Horst answered on Feb 20, 2021

It is often the case that should an uninsured driver appear in Court and show proof that subsequent to the accident he obtained insurance, the solicitor will drop the no insurance charge. Of course, it is purely within the discretion of the solicitor if he wishes to drop the charges. The... Read more »

1 Answer | Asked in Small Claims for Georgia on
Q: What can I do this is a serious question the bank has my name and phone number that I took 300 dollars out of a disable

The bank has my name and phone number that I took 300 dollar out of a disable person account but I did not do it but they have my name and phone number she called the law on me and they are investigating it what are the chargers for it I need help

Homer P Jordan IV
Homer P Jordan IV answered on Feb 16, 2021

At this point you haven’t been charged with anything, correct? See what their investigation turns up and if it still points to you and there are charges involved then you could seek the advice of an attorney for your case.

1 Answer | Asked in Contracts and Small Claims for Georgia on
Q: Is a verbal agreement binding if it is unfair?

I was asked to paint a sign by my now former employer. I said I thought I could do it for less than a quarter of what the job was worth but it took a lot longer and was much harder. Then she fired me so I billed her a fair amount. She says I already agreed to the low amount. Did I? She knows the... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 31, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like it would be a difficult matter to resolve in court. As a general premise, contracts have been challenged on the grounds of fairness, raising such issues as unjust enrichment and others. But by and... Read more »

1 Answer | Asked in Banking, Contracts and Small Claims for Georgia on
Q: In the state of Georgia what are some laws and regulations i should know as an investigator helping others?

I am an investigator & I’m trying to know the laws in & out about helping others collecting their unclaimed funds such as the cap % or even smalls thing that can impact me or others while doing it .

Tim Akpinar
Tim Akpinar answered on Dec 26, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. Some GENERAL considerations could include permissible billing methods/fee schedules/fee caps, disclosures, disclaimers, and how Georgia governs/limits agents (attorney or non-attorney) handling such activities. Good... Read more »

1 Answer | Asked in Land Use & Zoning, Consumer Law, Products Liability and Small Claims for Georgia on
Q: What does one do?I purchased 16 14kt yellow gold, ,detachable grill for 1,700 dollars, and its not real or 100% 14kt?
Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter, the least costly route is usually to try to resolve the matter with the company's customer service. If that isn't possible, then you have a few options, such as hiring an attorney to... Read more »

1 Answer | Asked in Animal / Dog Law and Small Claims for Georgia on
Q: How should I go about getting money owed to me? I have contacted the person but they have not responded.

My sister purchased a puppy, unfortunately within a week the puppy was injured. To be clear the puppy was injured at her home in her care. My husband and I visited her home to which we found the puppy limping. Long story short we made an agreement that we would take the puppy off her hands if she... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 24, 2020

You will have to sue her in small claims court.

1 Answer | Asked in Civil Litigation, Criminal Law, Landlord - Tenant and Small Claims for Georgia on
Q: I was jumped by 2 Customers and Employee. Can I sue the company?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Sep 17, 2020

The answer to your question depends on the details surrounding the incident, and without more information, it is difficult to provide you with a definitive answer. For this reason, it is best to contact an attorney who can assist you with the specifics of your circumstances.

We wish you...
Read more »

1 Answer | Asked in Car Accidents and Small Claims for Georgia on
Q: Can I sue my auto detailer for the damage he caused on my vehicle?

I hired a auto detailer back in February and received interior steaming service to my 2014 Toyota Tundra. After the service got completed, I asked the guy if I would need to open windows of the vehicle making sure the seats and carpet get dried completely. He told me it was not necessary.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

if you have comprehensive that may cover the cost of remediation. If you paid him by credit card you should be able to get some more information. The zip code should allow you to figure if he's registered as a busienss. And yes, there are phone books.

1 Answer | Asked in Criminal Law, Probate and Small Claims for Georgia on
Q: My issues are related to probate and estate courts.

It’s extensive, so I would need more space to properly explain the issue.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 1, 2020

It may be best to contact an attorney who can assist you with the specifics of your case.

We will be glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Small Claims for Georgia on
Q: Can someone press charges for theft by deception on me for selling them a phone but can’t get it activated

Because it’s not unlocked but it’s not stolen or anything

Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 20, 2020

A person commits the offense of theft by deception when he or she obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. Given the facts presented, theft by deception would not be appropriate. However, there may be other offenses... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Georgia on
Q: Can I call the police on a contractor who doesn't do the job and fail to return my payment 6 months later.

My wife hired a contractor to pain the house, he collected $1000 deposit and handwritten me a contract. Months past and he doesn't do the job and refuse to pay back my deposit, finally a check but it bounced. Can I call the police on him for fraud? What other legal steps I need to do?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Apr 9, 2020

It is a civil matter. It is best to pursue a case against the contractor in your county court.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Small Claims for Georgia on
Q: My father has been sued in the small claims court in GA for an overdue credit card debt. I want to pay it off, but how?
Anitra Walker
Anitra Walker answered on Mar 16, 2020

With your father's authorization, you can simply contact the plaintiff's attorney to inform them you would like to pay off the debt. The plaintiff is always open to receiving the full balance. If you choose to pay the full balance prior to the deadline for filing an answer to the... Read more »

1 Answer | Asked in Small Claims, Contracts and Criminal Law for Georgia on
Q: Nearly three years ago, my sibling agreed to put a vehicle in their name, i make payments. They refinanced w/o my knowin

I haven't any receipts of this other than bank transactions to them, insurance the whole time, dozens of witnesses.

The contract stated there would be 36 fixed payments of $X, however, about 12 months in, I was requested to bring the vehcile to the finance comany for an inspection.... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 22, 2020

It is best to contact an attorney. Your best recourse may be to sue for breach of contract. Contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Last year I consigned for a car with my ex. She agreee to pay the monthly car note on it. She ended up totalling it

She has said through text messages numerous times that she was going to set up payment arrangements to pay the rest off. She still owes about 6000 and has not set any arrangements. I am having to try to pay it off so it does not continue to affect my credit. She has recently moved to Michigan. I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

Yes, you are able to file a civil suit against her for breach of contract. It may be best to contact an attorney who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Consumer Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: Besides a lawyer who can call you contact to make your HOA comply with records requests? I'm 100 disabled veteran.

I can't afford a lawyer, but I believe alot of stuff is going on. And HOA won't comply with requests.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 9, 2020

Given your circumstances, it may be best to contact Atlanta Legal Aid or Georgia Legal Services. Both of these organizations provide legal representation at no cost to individuals who are low income.

Thank you for your service to our country!

I wish you well.

-The Upshaw...
Read more »

1 Answer | Asked in Small Claims for Georgia on
Q: How do I find a lawyer for a auto dispute
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

More information is needed to assist you. We are glad to help you. Contact us soon. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Rights, Identity Theft, Small Claims and Animal / Dog Law for Georgia on
Q: I have two puppies,they got out of the fence & are trapped at my neighbors house because they have them what can i do?

I couldnt find my puppies when they got loose but i can hear them whining at my neighbors,and everytime i call for them its like they take them inside,and they have pitbulls so i dont know what to do,what can i do about them keeping my puppies? Or if they dont give them back?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

Have you called the police? If you have and they classified it as a civil matter, you will need to sue your neighbors for taking your property. It is best to contact an attorney as soon as possible for the safety and well-being of your puppies.

We are certainly glad to assist you. Contact...
Read more »

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