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Georgia Small Claims Questions & Answers
1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: I was stuck in an elevator at a Marriott hotel for almost a hour with 4 other people that I didn’t know. Should I sue?

It was during DragonCon and I had only been there for 10 minutes. I was going up to the room and the elevator went down and stop real hard. One guy in the elevator said this was the second time it happened he was on it the first time. We were stuck in between floors. It was extremely hot in there... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You may have a claim for negligent infliction of emotional distress. Some states have the impact rule which requires that there be a physical injury in order to recover for emotional distress. You should retain counsel to investigate if you have a viable claim.

1 Answer | Asked in Divorce, Collections and Small Claims for Georgia on
Q: if I bought something under someone's else line of credit but I paid for it. Can I take it when I move out?

I am getting divorced. I want to take the air conditioner but they are refusing because it was bought under their credit but I paid for it in full. Would I be legally allowed to take the item?

Regina Irene Edwards
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Regina Irene Edwards
answered on Aug 30, 2022

This is personal property that is marital property and must be determine in the terms of your divorce, either by agreement or by a judge's order.

1 Answer | Asked in Contracts, Family Law and Small Claims for Georgia on
Q: Can I file a case in small claims court if one parent will not split the medical cost?

I have a CS order that state medical cost are to be split 50/50. I am looking for a judgement for repayment.

Homer P Jordan IV
Homer P Jordan IV
answered on May 2, 2022

You may be able to do that. Contact your local court to inquire about the process.

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 8, 2022

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Small Claims for Georgia on
Q: I was asked to go talk to a detective about the allegations that i stole jewelry. How can I maintain my innocence.

The prosecutors have no evidence besides the fact that I knew where the key was. (Under the front door mat)

They said I pawned it off. I have never been to any pawn shops ever.

Can I ask the detective to swab for fingerprints because I know I never touched it?

The... Read more »

Cory D. Raines
Cory D. Raines
answered on Jan 23, 2022

You need to contact a criminal attorney immediately.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: What do I do

Ex is suing me for items of furniture that belongs to me claiming it belongs to him and for items that have never been in my home and even a cat that he took me to adopt because I rejected him the other day when he came back to my house and I told him to leave or I would call the police

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Oct 13, 2021

Most people in your situation meet with an attorney who can defend them against the lawsuit.

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: OK I want to file suit on the state of Georgia for violation of my constitutional rights for self defense laws
Michael D. Birchmore
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Michael D. Birchmore
answered on Oct 13, 2021

Okay? Did you have a question to ask us?

1 Answer | Asked in Banking, Identity Theft and Small Claims for Georgia on
Q: If someone was arrested for using my card and I want to drop the charges will the arresting officer obligee

FINANCIAL CARD FRAUD 16-9-33

The woman charged was tricked into using it under instruction of her boyfriend who was responsible for finding my wallet

Cory D. Raines
Cory D. Raines
answered on Oct 3, 2021

This depends on several factors. However, contacting the prosecutor's office and letting them know that you don't want her to be charged is a first step. You can request to fill out a non-prosecution affidavit, but ultimately it is up to the prosecution to determine if they will dismiss... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Small Claims for Georgia on
Q: How do I serve C T Corporation System in Lawrenceville GA listed as registered agent for property management company?

Property management company currently managing apartment complex in Marietta GA is in violation of tenant lease agreement. Principal address of the business is listed in UT; registered agent is a corporation by the name C T Corporation System in Lawrenceville GA. Gwinnett County sheriff is said to... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Aug 24, 2021

CT Corporation is a company that acts as registered agent for thousands of companies throughout the country. The deputy certainly knows how to serve CT Corp. You are likely drafting your lawsuit pleadings incorrectly. You do not sue CT Corp, you sue the company and serve CT Corp which then gets... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: Can my ex husband sue me for theft over a phone plan we had together?

When we were married we shared a phone plan. He made all the payments. When I left I took the phone I had and switched my number over to a new phone. Now he threatens me with suing me because I took the phone and also won’t pay him $659 for the phone itself. Can he do that?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Jul 25, 2021

This issue should have been resolved through the divorce.

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... Read more »

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
PREMIUM
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
PREMIUM
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 »

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