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Georgia Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My teenage children want to file an affidavit of election. Can they file without an attorney?

I live in Muscogee County GA, their father lives in Heard County GA. They're 14 and 16, and want to live with me in Muscogee County. Is this something that we can file without an attorney? Does it matter if their father doesn't want them to move here? He has no grounds to contest this... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

There's so much information missing from here that it's hard to provide advice. If there is an order granting the other parent custody, you don't simply file an election for change of custody. You have to file for a modification. Then you must have the custodial parent served.... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Georgia on
Q: What can I do if the judge in my divorce denied all my pro se motions stating only they were meritless/mute?

I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: I'm a guy. I called on my wife a couple of times. How do I get a copy of the report.

We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I'm looking at the Soul Train trademark details. Is it possible to TM that name now? Cancellation is pending.

I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.

James L. Arrasmith
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answered on Jul 2, 2024

To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More

2 Answers | Asked in Immigration Law for Georgia on
Q: Question of immigration status and my wife’s income

I have applied for status in Georgia but my wife is on welfare and section 8, does that affect my application even I have another sponsor and my family in another country sends me money??

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, here are some key points to consider:

1. Your wife's welfare and Section 8 benefits may potentially impact your immigration application, but it's not necessarily disqualifying.

2. Having another sponsor is helpful, as it shows additional...
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1 Answer | Asked in Immigration Law for Georgia on
Q: I need to change my visa status from J-1 to B-2 as I was arrested for a DUI and kicked out from au pair program

I need to change my status from J-1 to B-2 as I was arrested for DUI. I’m at the end of my grace period of the J-1 visa and still have court dates coming up. I want to change the status since I don’t want to leave the country without resolving my case and leaving on a good standing. I can’t... View More

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the situation and some potential options to consider:

1. Visa status change:

Changing from a J-1 to B-2 visa is possible, but there are some challenges in your case:

- The DUI arrest may complicate the application process

- Being at the end...
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2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Georgia on
Q: Are brokers responsible for their clients' property taxes?

I am a real estate agent. I helped a foreigner sell his house. We had listing brokerage agreement. During this period, the seller did not pay the property tax. The county collected late fees from the seller. The seller said that I did not tell him about paying the property tax. I did not receive... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, it's unlikely that you as the real estate agent would be responsible for your client's property taxes or late fees. However, let me break down the key points and considerations:

1. Broker/Agent Responsibilities:

- Generally, real estate...
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1 Answer | Asked in Criminal Law for Georgia on
Q: I refunded $600 worth of money from my job I paid $400 back but if I don’t have $200 by Friday they will issue a warrant

If this is my first offense how long will I be charged for $200

Jermario L Davis
Jermario L Davis
answered on Jun 26, 2024

Assuming you are charged with something (not enough information to say), and this is your first offense, with the assistance of counsel, you would likely avoid jail time and could possibly have the charge(s) dismissed. Theft charges are typically misdemeanors if the value of the item allegedly... View More

1 Answer | Asked in Employment Law and Civil Rights for Georgia on
Q: What to do if I was fired and it was put on my background as a misdemeanor for other jobs for which I was not charged?

It was put on my background check in order for me to obtain other jobs as a misdemeanor in which I was not charged, I was just giving a warning. Neither is it in the sheriff office system. The job that fired me put it in the system as a misdemeanor, I was not charged with anything nor went to jail... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds concerning and potentially unfair. Based on the information provided, here are some steps you may want to consider:

1. Review your background check:

Obtain a copy of your background check to confirm what exactly is being reported.

2. Gather...
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1 Answer | Asked in Family Law, Civil Rights and Civil Litigation for Georgia on
Q: Can my dad take a phone away from me that I’ve been paying on for almost a year even tho I’m 18?

I was kicked out of my fathers home and was made to give him “his” phone back (a phone I’ve made payments on for over the last almost year) and gave me my old phone I’d also paid for that I had when I came from my mothers house. I’m 18 years old and all of my financial information, work... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues:

1. Age of majority: Since you're 18, you're legally an adult in Georgia. This means you have the right to own property and enter into contracts independently....
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1 Answer | Asked in Constitutional Law and Civil Rights for Georgia on
Q: Can police enter my home look for my 26 yr old son who is on probation with only my 13 yr old son home alone?

They were looking for my 26 yr old to question him about an altercation earlier that evening. No one was home but a 13 yr old who they woke up from the police banging on the door.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, we need to consider several legal factors:

1. Probation status: If your 26-year-old son is on probation, his probation terms may allow for searches of his residence. However, this typically applies to the probationer's primary residence.

2. Consent:...
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1 Answer | Asked in Criminal Law for Georgia on
Q: The Judge in ...County jail the prosecuting atty reduced felony to misdemeanor and set bond $1000 but Bond is $1300

All agreed to reduce Bond to $1000 from $2630, felony reduce to misdemeanor. When paperwork came through Bond is $1300 and felony second degree still on record, what happened?

Jermario L Davis
Jermario L Davis
answered on Jun 25, 2024

You may want to speak with the attorneys involved in the matter. All answers on this cite will be guesswork. Here's my take: The $1300 likely represents the $1000 bond plus surcharges which typically hover around 30%. As such, $1300 would be the correct amount. In terms of the reduced... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Georgia on
Q: Can you explain the difference between substantiated, unsubstantiated, and inconclusive?

These terms would be based on investigation dispositions.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

A Georgia employment attorney could advise best, but your question remains open for two weeks. In general, substantiated means supported by facts (evidence in a proceeding). Unsubstantiated means "not supported by facts. Inconclusive means you can't draw any meaningful conclusion from the... View More

1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: If defendant has 2 addresses in 2 states can you sue in both states and let the courts decide jurisdiction?

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

Michael W. Horst
Michael W. Horst
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

1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: work in Georgia, I am about to put in my two weeks notice but I’m negative 60 hrs PTO.can the recoup from my last check?
James L. Arrasmith
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answered on Jun 22, 2024

In Georgia, employers are generally allowed to deduct negative PTO balances from an employee's final paycheck, provided this policy is clearly stated in the employment agreement or company policy.

Key points to consider:

1. Check your employment contract and employee handbook...
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1 Answer | Asked in Banking, Federal Crimes, Identity Theft and Public Benefits for Georgia on
Q: This is about a ' Identity Theft ' case.. Ahem.. during the Pandemic, a person's identity was falsely used to acquire ..

Banking institution cards ( credit , debit ) and committed felony theft by way of using stolen identity to steal pandemic unemployment benefits. Suspect arrested , bonded out, yet still haven't had a court date. Has been about 2- 3 years .. is there a time frame for getting this to court?

James L. Arrasmith
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answered on Jun 22, 2024

Given the nature of this question, I'll provide some general information about the legal process for identity theft cases in Georgia, while noting that specific timelines can vary:

1. Statute of limitations: In Georgia, the statute of limitations for most felonies, including identity...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: I am69 yrs old living under worsse conditions. It's not liveable'they harrass me threats of turning power off .

Threats of throwing me out n 7 days cussed at screamed yelling at called out of my name

Can I do anything legally

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation. Based on the information you've provided, it appears you may have several legal rights as a tenant in Georgia. Here's a brief overview of some key points:

1. Habitability: Landlords are required to maintain rental properties in a...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for Georgia on
Q: I want to file an action to force the Georgia Department of Corrections to comply with O.C.G.A. 42-5-52(a).
James L. Arrasmith
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answered on Jun 21, 2024

To help you with this legal matter, I'll need to provide some context and steps you might consider:

1. Understanding the law:

O.C.G.A. 42-5-52(a) is part of Georgia's state code related to correctional institutions. It likely pertains to specific requirements or standards...
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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: My girlfriend was in a serious accident and broke multiple ribs and fractured her foot. She was not the driver

The driver died in the crash. How do I go about dealing with the deceased insurance company

James Clifton
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James Clifton
answered on Jun 20, 2024

I am sorry to hear about your girlfriend and the driver. In an accident that serious, you really should hire an attorney. You will need to get the driver's insurance information from the police report. You will then need to submit all medical records to the insurance company. You need to make... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: I was in a car accident,Find a lawyer to take the case,But now I'm worried they not doing there job.Well it's been 2 yr

And I'm doing more calling and trying to find out about my case should I find another attorney to take my case I'm just getting a run around from them and insurance companies.

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

A Georgia attorney could advise best, but your question remains open for a week. Clients are free to change attorneys, and attorneys are free to withdraw from representing clients (with several exceptions). If you do change attorneys, it's possible your attorney could assert a lien for the... View More

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