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Georgia Small Claims Questions & Answers

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 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....
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1 Answer | Asked in Consumer Law, Criminal Law and Small Claims for Georgia on

Q: A person bought me a vehicle for $2,500 by using a credit card the bill of sale and title are in my name they also paid

They also paid $1,000 by credit card for my license to be reinstated we dont have a written agreement on when or how to pay the money back i dont have the money to pay and he is wanting to have me arrested can i get into trouble is this a criminal or civil matter

Ecleynne Mercy answered on Mar 27, 2019

You had an oral contract, he can file suit or petition the court for an arrest warrant. He will be able to provide the court with his evidence and you will have to defend your position. It may be best to see if he will take a payment plan before it gets really bad and you will have to pay the loan,... Read more »

1 Answer | Asked in Small Claims and Criminal Law for Georgia on

Q: I temporarily loaned my van to an associate, with the agreed stipulation that NO one else was to drive it.

Two weeks later, her husband totaled the van. Can I prosecute him for auto theft?

David Edward Boyle answered on Feb 4, 2019

It is not criminal theft but the other party may be responsible for the damages depending upon the terms of your agreement.

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Georgia on

Q: What is someone tampers with a dispossession notice on my door? I was sent a certified copy 4 days later from her theft.

Police served on 15th, her daughter reported her as the culprit of stealing rhe notice she filed. So i was unaware of the notice until the 19th. I have to repond by 22nd, but ive already responded. Its our home im not on lease but lived there longer than she has. I also have a tpo on her as well... Read more »

David Edward Boyle answered on Jan 22, 2019

I would just respond the dispossessory action and not worry about the notice being stolen.

1 Answer | Asked in Small Claims and Criminal Law for Georgia on

Q: Is publics asstiance fraud a felony

David Edward Boyle answered on Jan 14, 2019

It can be depending on how much money has been unlawfully taken.

3 Answers | Asked in Family Law and Small Claims for Georgia on

Q: I wrote a check to my fiance, for the down payment of a house. The marriage is called off. Do I have any legal grounds?

The house is not in my name. I did not have her sign anything stating that she would pay me back if the wedding doesnt happen. The check was for $4,000.00. Do I have any legal grounds?

Regina Irene Edwards answered on Dec 19, 2018

This sounds like you gave her a $4,000 gift. There probably isn't legal recourse and it's not worth the fees you would incur to try to pursue it.

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1 Answer | Asked in Consumer Law and Small Claims for Georgia on

Q: I filed BK-7 to protect my vehicle from repossession, the BK-7 was discharged but I filed an Adversary and need to sue.

First American Title of Georgia will not release my vehicle because I filed an Adversary to the BK-7 and I was informed by the judge that I need an attorney and I may be in the wrong court to file a lawsuit against First American Title to have my car returned and the missing valuables that were... Read more »

Seth Meyerson answered on Nov 12, 2018

Probably not.

1 Answer | Asked in Divorce and Small Claims for Georgia on

Q: In the state of Georgia is a bill of sale that is signed by both. Is it any good if they never paid you money for it

I signed the bill of sale bc after that she was supposed to pay me. After filling out the bill of sale with all the info and signing it she said she didn't have the money, she was the last one to sign the bill of sale so I got a little upset for doing all that and then she said she has no money, so... Read more »

Regina Irene Edwards answered on Aug 3, 2018

This isn't a divorce question. A bill of sale may be proof of payment, but proof of ownership is done by the title. You should go to the precinct and discuss with the cop's supervisor. If you still have the title and you didn't sign over to her, it's arguable that the truck is yours and should... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Small Claims and White Collar Crime for Georgia on

Q: Someone stole my personal property worth atleaar $3000 actually more and tried to get police involved no help

No help from law because thief is a rat for police. Property was one bedroom home my disabled husband built after his mother gave it to him when his father passed away, and we moved to property and built and we know who stole it and where it is currently located but police won't do anything. My... Read more »

David Edward Boyle answered on Aug 1, 2018

If somebody stole from you file a police report and/or file a civil lawsuit against the person.

1 Answer | Asked in Bankruptcy and Small Claims for Georgia on

Q: Court date is 7/30. Made response to dispossessor proceedings with big errors how can I correct this before Monday?

I requested a court of record hearing trial by jury & required 21 day extensioncome to remedy & charged the agent of Company $1000 a day for continuing with false claim with additional damages. I did not send in the claim with itemized charges for the cost of damages.My mistake I believe was It... Read more »

Timothy Denison answered on Jul 29, 2018

If you have filed bankruptcy, the automatic stay is triggered and stays all proceedings. No need to do anything today, but take a copy of your bankruptcy filing and tell everyone tomorrow at the 7/30 Hearing that you have filed. That should stop the proceedings. You really need an experienced... Read more »

2 Answers | Asked in Child Support, Consumer Law, Divorce and Small Claims for Georgia on

Q: Im the divorce decree I am to collect an amount for child support and a different amount for childcare.

Childsupport enforcement could only collect the childsupport part. Im still owed the Child care portion. Is there anything I can do?

Regina Irene Edwards answered on Jul 29, 2018

Yes, if the other side hasn't paid, then you can file for contempt against him in Superior Court.

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1 Answer | Asked in Products Liability and Small Claims for Georgia on

Q: I got my girlfriend a car she promise to pay the carnote but refuse to pay now I told her to return the vehicle and she

refuse to return the vehicle back to me

Peter N. Munsing answered on Jul 25, 2018

Whose name is the title in? The Registration in? You have got yourself in an awkward situation --best outcome is that you get to sue her for the payments. You need to notify her that she is responsible for maintaining the car, making the payments, and if she doesn't you may make the payments but... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Georgia on

Q: What’s the Max time you can get for 6 charges of Theft by Taking

David Edward Boyle answered on Jul 1, 2018

10 years per charge if felonies, generally although there is a difference depending on the dollar amount of the theft.

1 Answer | Asked in Bankruptcy, Lemon Law and Small Claims for Georgia on

Q: I was served with a lawsuit for debt on a car that was voluntarily repossessed for 9,665.90. How do i negotiate this

I don't want to file bankruptcy because I want to buy a house. The creditor stated I could make them a settlement offer or make monthly installments. Should I have a lawyer negotiate this for me or start at accepting 40% of the debt. The car was only sold for $600 at a private sale. I was served... Read more »

Timothy Denison answered on Jun 14, 2018

Hire an attorney, let him negotiate the debt, pay settlement lump sum.

1 Answer | Asked in Criminal Law and Small Claims for Georgia on

Q: Bought a car, money wired, it was misrepresented, I didn't take possession. Seller has both the car and money. Options?

In more detail: I bought a car, it was a roller (no engine or transmission), wired money for it. Seller is in GA. I am in MA. Person who wired the money (friend) is in NH. I met the seller in Indiana (he needed to go to Chicago) for me to take possession (drove out with a trailer). Car was... Read more »

David Edward Boyle answered on Jun 8, 2018

File a police report in the jurisdiction where the sale took place for theft.

2 Answers | Asked in Criminal Law and Small Claims for Georgia on

Q: A mobile beautician is charging me with theft of services. No service was provided.

Titus Thomas Nichols answered on May 29, 2018

I will need more information before I can try to answer.

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1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Small Claims for Georgia on

Q: Hello, I wanted to know if I could sue a daycare for my son getting lice and having to cut his hair off.

I have a 1 year old son who is in daycare. About 3 weeks ago my son had lice. I called the daycare and made them aware of the situation. My sons nurse informed me that he got the lice from another child in class when i called the daycare i asked had another child had lice. They informed me that... Read more »

Peter N. Munsing answered on May 22, 2018

You would have to show they knew the other kid had lice. But yes, you could make a claim against them. However they may not be happy to have your youth in that daycare, so make alternate daycare plans. Contact a member of the Ga.Trial Lawyers Assn for your county--they give free consults.

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 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... Read more »

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 for me to... Read more »

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 to meet with an... Read more »

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