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Georgia Small Claims Questions & Answers
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 »

1 Answer | Asked in Small Claims for Georgia on
Q: Can legal action be taking against uber if I was charged a fee for a ride the driver canceled ??

I ordered a uber the driver came and as I was getting into the car he said that he accepted the ride my accident and that he was not taking it and canceled it made me get out. Uber then charges me a cancellation fee. I contacted them and told them I should not have to pay for a ride I did not take... Read more »

Anitra Walker
Anitra Walker answered on Oct 19, 2019

It does not appear you should have to pay a cancellation fee if you did not cancel the ride and the ride was not canceled because of something that you did. When you explained the situation to Uber, what was Uber’s reason for not refunding you the money? Was anyone with you when you attempted... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

1 Answer | Asked in Small Claims for Georgia on
Q: He sent texts threatening to kill her. So the police arrested him this morning at 9:00am My son is sick
Tim Akpinar
Tim Akpinar answered on Sep 16, 2019

This isn't a small claims court matter; it is a criminal matter. You must speak with a criminal defense attorney without delay - either one you find on this site, one you find on your own, or one the court might possibly be able to appoint for your son based on financial situation.

Tim Akpinar

1 Answer | Asked in Civil Rights, Small Claims, Criminal Law and Securities Law for Georgia on
Q: My girlfriend is 15 and I’m 16 we both want her to come to my house out of her county

Her parents don’t know am I breaking any laws, she’ll only be there for 1 day

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2019

This is not a securities law question; nor is it a small claims question; nor is it a civil rights question; so that only leaves criminal law--which is what you both may learn about very soon if you continue of the path you are taking.

2 Answers | Asked in Divorce, Family Law and Small Claims for Georgia on
Q: What action can I take to get my cellphone back from my ex and compensation for the service plan as well

My wife left over a year ago. Shortly after I allowed her to use the phone and now she refuses to return it. I've paid a years worth of service and a monthly lease payment on the phone. It's a galaxy note 9 not a cheap phone.

Regina Irene Edwards
Regina Irene Edwards answered on Aug 14, 2019

If you are still married, you have no recourse. The phone is marital property and she has every right to use it. She is not going to have to pay for the service, either. If you wish to end the marriage and separate finances, you need to file for divorce.

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1 Answer | Asked in Small Claims for Georgia on
Q: Is any cash you give to someone considered "a gift" in Georgia? Even if you have a verbal contract and text agreements?

Let me say up front - I understand I should have done this differently.

My boyfriend at the time got dropped from the NFL, his mom passed away, he had horrible spending habits and got his car repoed. Under agreements made through text & verbally - he agreed to pay me any money back... Read more »

Samantha A Holloway
Samantha A Holloway answered on Aug 13, 2019

A verbal agreement can be enforceable. However, without additional information, I do not know if the verbal agreement that you had with your ex is enforceable. I would suggest that you consult with an attorney.

It is relatively inexpensive to file a case in small claims court and it is...
Read more »

1 Answer | Asked in Small Claims for Georgia on
Q: I bought a can of libbys sliced pineapples. Inside of can did not have protective coating inside. Completely rusted.

The juice was rusty too. I ate one slice before I realized. Horrible stomach pain for 2 days. What should I do?

Tim Akpinar
Tim Akpinar answered on Aug 4, 2019

I'm sorry about your painful experience. As a general matter, these types of cases can be tough because the damages are transient and passing in nature. Attorneys tend to be more reluctant in accepting them than the more traditional types of physical injury cases.

Save the can, the...
Read more »

1 Answer | Asked in Contracts and Small Claims for Georgia on
Q: In GA, if you loan someone in cash & have text evidence that it was a loan, can you take to court if they don't repay?

I helped my ex- boyfriend after being dropped from the NFL by giving him numerous small lump sums adding to $3500. There was no written contract, but agreements through text messages & constant asking about repayment. I also let him stay at my apartment, took his dog in, let him use my car so... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 9, 2019

Yes, you can take your ex to small claims court; however, stick to the evidence you have (like text messages) and do not overplay "the back story" or try to play the "poor pitiful me" routine in court.

1 Answer | Asked in Banking, Identity Theft, Legal Malpractice and Small Claims for Georgia on
Q: Am I responsible to pay my bank money when I was given a fraudulent loan and I used the money before the check bounced?

The person who deposited the check in my account forged my signature. The loan was for $901.70.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

Yes. Why? Because you are the only person who has (or had) the $901.70. Surely you do not expect any bank on this planet to eat money just because you accepted a fraudulent check? No; they are making you eat your own money.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Georgia on
Q: How do I counter claim a retaliatory eviction for withholding rent due to recent flood and windows not working leaks in
Paula J. Mcgill
Paula J. Mcgill answered on May 14, 2019

If the landlord has filed a dispossessory, you file your answer and counterclaim at the same time.

The counterclaim would include any repairs you made, the decreased value of your lease, property loss, personal injuries (if any), mental distress, inconvenience, and for wrongful eviction....
Read more »

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