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Georgia Questions & Answers
2 Answers | Asked in Bankruptcy for Georgia on
Q: How long after filing will I be able to purchase a home? I am reading horror stories of people being told by lawyers

That when you file you’ll be able to get a home in 2 years but I’m being told by people who have been through it already they are 7 years out and they still cannot get a home and having trouble building credit because no one will give them loan or credit card or home etc

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 2, 2024

This question is best directed to any of the lenders out there, each of whom makes a "credit decision" upon loan applications.

Currently, interest rates are high, and the Fed has been tightening the money supply.

My own experience is that, more than usually, lenders, even...
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1 Answer | Asked in Car Accidents for Georgia on
Q: what is the statue of limitation for filing damages after an auto accident?

Can damages be claimed after a settlement has been accepted?

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

A Georgia attorney would need to advise on your question about SOLs, but your question remains open for two weeks. On your second question about claiming damages once settlement has been reached, it could depend on how the other side or their insurance carrier drafts the release. Most insurance... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for Georgia on
Q: I'm making a personal loan to my brother for divorce, car, etc. I have and continue to provide financial help to him

He barely meets living expenses so I'll not be repaid in monthly payments. He owns a home and has life insurance. He offered to list me as beneficiary on his life insurance or should we use his home? (he has adequate equity) What kind of legal document/letter do I need to ensure repayment... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Jun 2, 2024

A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.

Q: Are body cameras legal for a person to wear in georgia

Are body cameras legal for a regular person to wear

Non law enforcement

James L. Arrasmith
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answered on Jun 2, 2024

In Georgia, it is generally legal for a regular person to wear a body camera. However, you need to be mindful of privacy laws and consent requirements. Recording conversations without the consent of at least one party involved can be a violation of Georgia's wiretapping law.

When you...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Georgia on
Q: What do you say or do when the police tried to charge me with trespassing at a hotel room for the wrong eviction
James L. Arrasmith
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answered on Jun 1, 2024

If the police tried to charge you with trespassing at a hotel room due to a wrongful eviction, it's crucial to remain calm and assert your rights. Explain to the police that you believe there has been a mistake regarding your eviction. Provide any documentation or evidence you have, such as a... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Georgia on
Q: I saw a no weapons sign at the braves stadium in Atlanta and it had this code number on it. GA Code § 16-11-127 (2022)

I looked up the code here and to me it seems like it only applies to court houses, jails, places of worship, and nuclear power plants. So I was wondering if this code also applies to ball parks or if this sign is being wrongly applied.

James L. Arrasmith
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answered on Jun 1, 2024

It's understandable to be confused about the application of the Georgia code you mentioned. GA Code § 16-11-127 outlines restrictions on carrying weapons in specific locations, including courthouses, jails, places of worship, and nuclear power plants. However, it also allows private property... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: How do I keep the car my father bought me, without becoming executive of estate.

Hello, my father has passed away. He has a vehicle that is being financed under his business name which is no longer active. Today I attempted to get the tags registered, however I couldn’t because the business is no longer registered. My mother was married to him and I am the son with the same... View More

James Clifton
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James Clifton
answered on Jun 1, 2024

Unfortunately, if your father's estate has debts, property cannot be transferred out of his name without paying the debts. You can try using a T-20 form at the tag office. However, there is section of the T-20 form where you have to swear under oath that the estate has no debts.... View More

1 Answer | Asked in Tax Law for Georgia on
Q: If I buy a home at a tax sale in Georgia will I be able to get the water turned on the day that I buy the house

I do know that that house could be bought back by the original owners for up to one year but I already live on the property and they're denying me water till they speak to the original owner which is passed away but I'm going to purchase the house at the auction will I be able to get the... View More

James L. Arrasmith
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answered on Jun 1, 2024

When you buy a home at a tax sale in Georgia, the process of getting utilities like water turned on can be complicated. Since you mentioned that the original owner has passed away, this adds a layer of difficulty. Typically, utility companies require proof of ownership or authorization from the... View More

3 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: How does general damages apply my case? When it says : it may be recovered for any amount with or without proof

I was involved in a collision caused by a construction company’s trainer and supervisor , who fled the scene without exchanging proper contact information.

I sustained severe injuries, including lumbar stenosis and cauda equina syndrome, resulting in chronic pain, mobility issues, and... View More

Michael W. Horst
Michael W. Horst
answered on May 31, 2024

Definitionally speaking, general damages are those which the law presumes to flow from any tortious (i.e., wrongful) act. There is no formula in calculating them. Ultimately, general damages (frequently referred to pain and suffering) are determined by the enlightened consciousness of fair and... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: How does general damages apply my case? When it says : it may be recovered for any amount with or without proof

I was involved in a collision caused by a construction company’s trainer and supervisor , who fled the scene without exchanging proper contact information.

I sustained severe injuries, including lumbar stenosis and cauda equina syndrome, resulting in chronic pain, mobility issues, and... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on May 31, 2024

Car wreck damages are complicated, and this sounds like a serious wreck. Frankly, you should not be trying to handle it on your own. When I used to work for insurance companies, I saw them bamboozle people like you all the time (i.e. people without a good lawyer). Get an attorney. Get one... View More

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1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia (Bartow County) can someone be arrested ONE WEEK after the crime?!?!
Glenn T. Stern
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answered on May 29, 2024

Absolutely!

For misdemeanors, the state has up to two years from the date of the offense to charge someone with a crime. For felonies (depending on the nature of the crime) that timeline can be anywhere from 4 years from the date of the event to forever. Some charges (like murder) can...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can someone be arrested a week later for a crime someone else is already in jail for?!?!?

Someone was arrested in my aunt's house for meth, they had it on them but once police entered the home they threw onto floor in my cousin's room. That person was arrested for prior charges and that meth charge, exactly a week later they return to my aunt's home and arrest my cousin... View More

Glenn T. Stern
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answered on May 29, 2024

Yes two different people could be arrested for one amount of drugs. The police only need probable cause to arrest someone, which is a very low standard of proof. Whether or not there is enough evidence to convict your cousin for possessing the meth is an entirely different matter. To do that, the... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Is it considering a terroristic threat or a threat if you tell someone you will put voodoo on them or their family
James L. Arrasmith
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answered on May 28, 2024

Making a statement about putting voodoo on someone or their family can be considered a threat, depending on the context and how the recipient perceives it. If the person feels genuinely afraid or intimidated, it could potentially be seen as a threat.

It's important to understand that...
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1 Answer | Asked in Civil Rights and Civil Litigation for Georgia on
Q: Why is the Georgia D.O.C retaliating/discriminating against me? Why am I being punished for exercising my civil rights?

Why is the Georgia D.O.C. retaliating against me for filing legitimate grievance complaints? (failure-to-protect)...

On 9-22-2023: I filed a grievance against the Georgia Parole Board/D.O.C.! On 5-21-2024: I was transferred from a Level-3 prison (medium/minimum), to a close-security Level-5... View More

James L. Arrasmith
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answered on May 28, 2024

It's deeply troubling to hear about your experiences with the Georgia Department of Corrections (D.O.C.). Retaliation for exercising your civil rights and filing legitimate grievance complaints should never occur. Being transferred to a higher security prison, especially one known for higher... View More

1 Answer | Asked in Municipal Law for Georgia on
Q: Can an impound yard sell a vehicle that has a lien on it

Can an impound lot sell a vehicle without running it through the courts

James L. Arrasmith
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answered on May 27, 2024

An impound yard typically cannot sell a vehicle with a lien on it without following specific legal procedures. The impound yard must notify the lienholder of the vehicle's status and give them an opportunity to claim it. This process ensures that the rights of the lienholder are respected.... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: i got a citation for my coworker's weed that he had in his car and his bowl. is there anyway to avoid punishment?

on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More

John Kim
John Kim
answered on May 24, 2024

This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If I'm on bond and not got in any trouble and the DA adds more charges that I was not charged with originally can I be

Arrested again and bond revoked.

John Kim
John Kim
answered on May 24, 2024

It sounds like the DA directly indicted you on additional charges (i.e., you were not arrested on those charges but they are new charges arising out of the same incident). Unfortunately, in that situation, you can be arrested on those new charges. Unless the DA had a specific reason/basis to seek... View More

1 Answer | Asked in Constitutional Law and Personal Injury for Georgia on
Q: my father beat me when i was 16 the police was called but nothing happened to him because he is friends with the officer

i have police report that says it was child abuse medical records saying i have bruising cause by my dad weeks after it happened day by day photos. and because my dad and the police officer talked to the DFCS they turned everything around on my mom they made my mom take therapy at my dad's... View More

James L. Arrasmith
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answered on May 24, 2024

I'm deeply sorry for what you've endured. Given your deadline in June, it's essential to act quickly. Your situation involves potential claims against your father, the police officer, and DFCS for abuse, misconduct, and negligence.

First, gather all your evidence, including...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Georgia on
Q: The HB1105 bill that in Georgia. As being citizens what hold city accountable for as being sanctuary city ?
James L. Arrasmith
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answered on May 24, 2024

House Bill 1105 in Georgia aims to hold cities accountable if they act as sanctuary cities, which means they limit cooperation with federal immigration authorities. As citizens, you have a few ways to ensure your city complies with state laws regarding sanctuary city policies.

First, you...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: I made an offer on a house thru the realtor who has shown us the house. He now wants us to sign a document stating that

he must be our realtor for any other sales in GA. We have put an offer on land last week before our offer on this house. Would he have a right to a commission on this land sale? He states it is GA law re the 120 days for him to represent us. We live in FL. Thanks!

James Clifton
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James Clifton
answered on May 23, 2024

You do not have an obligation to sign any agreement that extends the representation beyond the original agreement. There is no Georgia law regarding length of representation.

Schedule a free consultation to have someone review the paperwork the real estate agent has submitted to you for...
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