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Georgia Small Claims Questions & Answers
1 Answer | Asked in Traffic Tickets, Environmental, Municipal Law and Small Claims for Georgia on
Q: In park with friend after hours. No sex, drugs, or alcohol involved. What is the typical fine cost/penalty? Thank you

Got ticket for “in park after closing.” I want to know about how much I’ll have to pay (or if I can get it dismissed or something) and if this is a “serious” offense that would mess up jobs and criminal background checks and whatnot. All help is appreciated, Thank You.

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Apr 2, 2018

Call the court and ask them the fine amount. SInce you weren't arrested, you won't have an arrest record for this.

1 Answer | Asked in Family Law, Child Custody, Child Support and Small Claims for Georgia on
Q: Is my father in contempt to court order for his child support/ custody ?

He was suppose to put $50.00 a month into a savings account for me when I turned 18 I was suppose to have access to it. But needless to say he never opened one for me. I really need this mory to go to college, I am a single mom with two girls. Can me and my mother take him to court and how? We... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Mar 20, 2018

You need to obtain a copy of the order and take it to an attorney to discuss. Such an arrangement would be unusual, and the court order needs to do a good job describing it for you to have a potential action.

1 Answer | Asked in Estate Planning, Family Law, Probate and Small Claims for Georgia on
Q: My husband died 2 years ago, he had a storage unit of his personal belongings, I pay monthly but can't get the access in

If I let go the storage unit and let them put in auction, can his only son sue me for the items in his storage unit? His son didn't want to have anything to do with his father's personal belongings in that storage unit but his son also refuses to sign the letter of testamentary in order... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Mar 14, 2018

If you haven't been named the administrator/executor of the estate then you have no obligation to the estate. That said, you can probate the estate even if the son won't sign. You just need to get him served with the papers by sheriff or private process server. I'd encourage you... View More

1 Answer | Asked in Criminal Law, Small Claims and Libel & Slander for Georgia on
Q: can i sue the local news for lieing and making a story up causing me to lose my job
Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 25, 2018

Consult with an attorney who handles slander/libel/defamation cases. You have directed this question to criminal defense attorneys.

1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Q: Can i press charges on a 7yr old credit card fraud?
Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 22, 2018

More information is needed.

1 Answer | Asked in Identity Theft and Small Claims for Georgia on
Q: If you check your credit score and a different name other than yours pop up and two addresses for that person.

What do i do? Can i sue them especially if i know that person.

David Humphreys
David Humphreys
answered on Nov 16, 2017

your problem is likely with the credit reporting agency. You need a consultation with a lawyer who handles cases under the Fair Credit Reporting Act.

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Georgia on
Q: My employee had his car window busted by a lawn company working for the city. They are denying any liability towards it.

It happened between 8:30 and 10, there's no doubt the window wasn't broken before then.

We filed a police report and surveillence was found that showed no one else came near the car during that time but the guy weed eating the grass.

The police report also shows that... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

No punitives. Cost of repair. Send it to the guy if he was a contractor and whoever employed him. If a city or borough employee send it to them and comply with the "municipal claims" act. Then if they deny, go to small claims.

Optionally, have the car insurance cover and let them...
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1 Answer | Asked in Criminal Law and Small Claims for Georgia on
Q: I need to know what type of attorney is best for my problem.

I recently had 2 atvs and an enclosed trailer stolen. One of the atvs was recovered and impounded after an accident. So I picked it up at the impound and am in the process of fixing the damage. I'm wanting to try to get some of my money back on impound fees and for all the parts I'm... View More

William C. Head
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answered on Aug 13, 2017

Your insurance company should be the one paying, if this was a theft case. Their job is to make you whole, minus any deductible.

Very few civil litigation lawyers would be wiling to go after the tow people or police, so don't think you will find someone for that job.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We are renting a house in St. Mary's GA. We were called yesterday by Magnolia Rental that our house was foreclosed.

We just paid our rent. They said it went to the homeowner ad we couldn't get it back. We meet with Magnolia Rental at 12 today. We have only been here 5 months. Please Help!!!! We also got 2 foreclosure notices in the mail in the past 2 weeks ad we turned those into Magnolia ad asked about... View More

William C. Head
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answered on Aug 4, 2017

You should call the District Attorney, about possible Fraud charges against the owner. He took your money, already knowing that he was not able to pay the bank. Cannot assist you to stay in the property, if he no longer is the owner.

1 Answer | Asked in Constitutional Law, Small Claims, Criminal Law and Juvenile Law for Georgia on
Q: definition of arson? and is burning a broken bench at a house we rented considered arson, enough to be convicted or no?

It was in Georgia and also would that go under vandalization or what.

William C. Head
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answered on Jul 23, 2017

As with most criminal charges, the law is written like a large blanket, far too large to allow any misconduct to escape being covered. The word "structure" will be a key part of this case, and how that may be shown to have been part of a building or porch.

Your criminal defense...
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1 Answer | Asked in Small Claims and Criminal Law for Georgia on
Q: In Athens, GA what are the laws on pawning/selling a stolen item.

For Instance, If person A allows person B to sell/pawn something knowing it is stolen, who would get in trouble if the owner of said property wanted to press charges? Person B who sold/pawned it? Person A who knew it was stolen, or both A and B?

William C. Head
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answered on Jul 1, 2017

Both can be in trouble. Both need SEPARATE attorneys. Why? Because the prosecutor will likely offer one a deal to help the State prosecute the other. Same criminal lawyer cannot represent both.

1 Answer | Asked in Contracts, Small Claims, Family Law and Real Estate Law for Georgia on
Q: I would like to know what type of lawyer I should contact/ what type of law my case falls under?

I need to know what kind of lawyer I should contact. I was in a long-term (2006- 2016), cohabiting relationship. I also worked for 5 years at my ex’s office. He was a doctor. We were in a committed relationship. He provided a good life, was very busy on his own, and maintaining our household... View More

Regina Irene Edwards
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answered on Jun 5, 2017

A family law attorney can help you with this. You can file a partition of property in order to get what you are owed from the house and your belongings.

1 Answer | Asked in Small Claims for Georgia on
Q: Pd non-relative funeral exp with oral and written "ok" agmnt by NOK i would be pd when ins $ came in. Chances of win?

I charged the FL funeral home expense of a non-relative, close friend, so his body could be flown to Ohio for burial. 21 yr old next of kin (NOK) who lives in Georgia, and not present in FL at time of his father's death, agreed with verbal and written "OKs" in text that he would pay... View More

Brian Lehman
Brian Lehman
answered on Jan 19, 2017

I don't know any lawyer who will tell you the chances on any case -- or at least good, experienced lawyer. Here is how to maximize your chances, however.

Note that in Georgia, it is a magistrate court, not small claims: http://consumer.georgia.gov/consumer-topics/magistrate-court...
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1 Answer | Asked in Car Accidents and Small Claims for Georgia on
Q: How to file small claims suit in Georgia when not living in Georgia?

While in Georgia on vacation - we live in Indiana - the hood of our car was damaged by someone else. As we were pulling off the road to park and go to a creek, a family's keys hit our car hood and damaged it - They were throwing the keys. The father said he would pay for the repair and is... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

You could run it through your company and let them go after him for the money and deductible.

Otherwise, you file suit in the small claims court for the area where it happened. You will need to go down for the hearing.

If you haven't already, send him a polite letter requesting...
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1 Answer | Asked in Contracts, Products Liability, Intellectual Property and Small Claims for Georgia on
Q: Some of my art was in a gallery, only to later find out the owner's bf destroyed it in a fit of rage. Is she liable?

I entered my art in the gallery nearly a year ago, and while there was no written contract, there was a verbal agreement that 100% of the profit would go to me. (I do have proof of her telling me this several times)

She and her then Boyfriend apparently got into a fight (the gallery was... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

Usually the Gallery owner is,unless she had you sign some form of release.

1 Answer | Asked in Small Claims for Georgia on
Q: I rented curb forms to someone who refuses to return them. What attorney do I need?

I rented curb forms in the month of May, 2015 for one week. He has not returned them. I have called him,he assured me that he was bringing them back on a certain day. He did not. Should I send him a certified letter first?

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

A contracts or business lawyer can assist. They can review your agreement and advise. A letter from your lawyer may be a good idea.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Small Claims for Georgia on
Q: I lived with a man He paid off my car no mention of repayment. I thought it was a gift. What kind of lawyer do I need

The reason I moved out my daughter found out some bad news on the internet and made me leave him. I had already made up my mind to leave but he gets violent so easily I was afraid of him.The small claims was filed in crossville tn I live in Cairo Ga. Where will court be held

Rachel Lea Hunter
Rachel Lea Hunter
answered on Jul 11, 2014

Small claims will be held in Grady County in Cairo.

You need to file an answer within 30 days after you received the summons and complaint/statement of claim.

Here is the answer form:

http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2010-...
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1 Answer | Asked in Small Claims for Georgia on
Q: I paid for a trip to Jamaica. Person invited agreed to come and did not show up. Can I sue them?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 18, 2013

For what? Was there an agreement that the invited person would pay for half the trip? Did they put down any kind of deposit to show this if there was no written agreement? Unless you can show some duty to pay then I don't see that you are entitled to recover anything but then I don't... View More

1 Answer | Asked in Small Claims for Georgia on
Q: Can I sue my former attorney in small claims court to reimburse my retainer? Did nothing I terminated $7500
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 21, 2013

Try contacting the state bar and going through its fee arbitration program.

http://www.gabar.org/committeesprogramssections/programs/feearbitration.cfm

1 Answer | Asked in Small Claims for Georgia on
Q: In rockdale cty GA., small claims do i have to pay to subpoena A HOSTILE WITNESS?
Paula J. Mcgill
Paula J. Mcgill
answered on Feb 9, 2013

It all depends.

Under OCAG 24-10-24:

The witness fee shall be $25.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance; but, when a witness...
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