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Georgia Small Claims Questions & Answers

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 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 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 when I... Read more »

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 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 he... Read more »

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 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 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.

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