COVID-19 Georgia Q&A by Practice Area

  • Admiralty / Maritime
  • Adoption
  • Agricultural Law
  • Animal / Dog Law
  • Antitrust
  • Appeals / Appellate Law
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  • Banking
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  • Cannabis & Marijuana Law
  • Car Accidents
  • Child Custody
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  • Federal Crimes
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  • Gov & Administrative Law
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  • Health Care Law
  • Identity Theft
  • Insurance Bad Faith
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Internet Law
  • Juvenile Law
  • Land Use & Zoning
  • Landlord - Tenant
  • Legal Malpractice
  • Lemon Law
  • Libel & Slander
  • Medical Malpractice
  • Mergers & Acquisitions
  • Military Law
  • Municipal Law
  • Native American Law
  • Nursing Home Abuse
  • Patents (Intellectual Property)
  • Probate
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  • Securities Law
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  • Small Claims
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  • Trademark
  • Uncategorized
  • White Collar Crime
  • Wrongful Death

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COVID-19 Georgia Questions & Answers
1 Answer | Asked in Child Custody, Gov & Administrative Law and Tax Law for Georgia on
Q: The December 2020 stimulus checks, Will the state of Georgia garnish those relief funds due to child support arrears?

If those funds are intended for the relief of the financial burdens of the American populus, incurred due to COVID-19. If the state plans to cannibalize those funds, How is this "help" going to due anymore than the last so called "help" for those who we're struggling Pre-COVID?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 29, 2020

Yes, the state will take the funds and give them to the custodial parent for child support arrears. The state isn't cannibalizing the funds. The money is owed for child support that should have been paid previously, so that is where the money is going - to help the child.

1 Answer | Asked in Car Accidents for Georgia on
Q: When a claim has been submitted how long is the review process if other party was given a citation?

Insurance company is state farm

Tim Akpinar
Tim Akpinar answered on Dec 4, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. It could depend on the citation. If it was for something administrative, it could be insignificant. If it was for an operational violation such as "following too closely" or "failure to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: If someone was sentenced to the RSAT program but they're not shipping due to COVID can they file a motion for less time

My friend was sentenced to the RSAT program on 10/20 but they're not shipping anyone off due to COVID. He wants to know can he file a motion of modification. Since his time doesn't start until he gets there.

Tracy S. Reeves Jr.
Tracy S. Reeves Jr. answered on Nov 18, 2020

You would need a valid, legal reason to file a motion for modification of sentence. If the reason is that the sentence will be longer than anticipated, it likely will not be granted. There is often a waiting list for RSAT and most people wait for months to get a bed in the program. If the RSAT... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Georgia on
Q: If an individual has been in jail for 90 days and hasn't been indicted or granted bond,the judge is in violation of wha?
Jermario L Davis
Jermario L Davis answered on Oct 26, 2020

The statute that you are referring to is o.c.g.a. 17-7-50....if true, the judge would be required to set a reasonable bond upon petition by the Defendant. There are exceptions if the state intends to seek the death penalty. Specifically, the state can seek additional time (90 more days) to... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Had corona employer said It was okay to quarantine came back said they hired new person and can’t afford me .

My boss gave me corona and I had to quarantine and they said everything was fine I go to go back today and they tell me they have been training a new guy and said they can’t afford to pay both of us

Rhiannon Herbert
Rhiannon Herbert answered on Oct 7, 2020

Depending on the circumstances, you may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. The ADA protects qualified individuals with disabilities from discrimination such as termination based on a disability. However, COVID-19 may... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My lease is up in one day. Can i be put out?

Due to a hold up from covid19 my new house will be ready in 2-3 weeks. I have 2 children so I don’t want to be homeless.

Paula J. Mcgill
Paula J. Mcgill answered on Aug 27, 2020

If you a residential tenant, you are not kicked out if you hold over.

You will have to pay any rent or fees as a hold over tenant.

If the landlord wants you out the following steps must be taken:

(1) demand to vacate;

(2) file dispossessory affidavit in court;...
Read more »

1 Answer | Asked in Consumer Law for Georgia on
Q: How can stores require that I wear a mask with these laws in place. How can I do this without breaking the law.
Paula J. Mcgill
Paula J. Mcgill answered on Aug 20, 2020

Stores are private property. They can require customers to wear certain things to enter their store.

Before the pandemic, you saw on certain store doors, "NO SHOES, NO SHIRT, NO SERVICE" It's the same concept.

2 Answers | Asked in Child Custody and Family Law for Georgia on
Q: I have main custody tho its joint custody our child is 2 the mother barley calls him when she haves 3 times atleast a

D

V. Joy Edwards
V. Joy Edwards answered on Jul 31, 2020

Very difficult. Terminating another parent’s rights is not something the Judges do often unless it’s in regards to an adoption. It would be easier getting an order to limit her visitation.

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1 Answer | Asked in Civil Litigation for Georgia on
Q: Should I be worried about my case taking so long
Michael W. Horst
Michael W. Horst answered on Jul 14, 2020

Without knowing the specifics of your case, the likely answer is probably not. Cases take time. The average case which does not go to litigation takes 9-12 months to resolve. For cases which go to litigation, it is not uncommon for the case to take more than two years to resolve. Of course, the... Read more »

3 Answers | Asked in Family Law for Georgia on
Q: My son lives in Utah and has a Final Visitation Order in place from GA. It states his daughter can travel to UT from GA

when she turns age 6, which will be this July. Mother is denying travel/visitation to UT due to Coronavirus. Can she do this?

Mike Branum
Mike Branum answered on Jul 6, 2020

I agree with Mr. Wood. I would also consider the additional complications which the panic over corona has created. I have not had to worry about unaccompanied minor air travel for a few years now. I have zero idea how the current situation has changed airline policies regarding UMs. The changes to... Read more »

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1 Answer | Asked in Animal / Dog Law for Georgia on
Q: Am I in the wrong regarding my dog and property?

I have a temporary neighbor, or at least I believe she's just moved in with her family that lives half of a mile down our dirt road due to COVID-19. Anyway, she walks everyday and has called authorities about my dogs. The thing is, they walk to a light pole in front of our property and our... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 2, 2020

You can’t really stop someone from calling the police. If the police haven’t done anything and haven’t issued you a ticket or summons, then you might just have to deal with it until she gets tired of calling with no results. If you have been issued a ticket or a summons, then you’ll want to... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I'm interested in knowing how COVID19 can be used in a habeas corpus motion. For an offender who has completed majority.
David Edward Boyle
David Edward Boyle answered on Jun 1, 2020

I am assuming you are trying to obtain release of a inmate based upon the recent COVID pandemic. Habeas is not the correct vehicle to use. If the person is in custody and you are seeking an early release then the parole board would be the entity you would contact to show the health risks that the... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: My job has told me I have to come back, and stopped my unemployment. I have severe asthma and allergies

I have the dr note saying I'm high risk. Job said I can go on unpaid leave. I told them shelter in place was through june 12th, they basically said I was a liar.

Kyle Anderson
Kyle Anderson answered on May 28, 2020

Hi, you can request a reasonable accommodation for your severe asthma in light of the risks associated with covid-19. You and the employer will need to engage in an interactive process to determine a reasonable accommodation that won't pose an undue hardship on the business. If unpaid leave or... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Can landlord's file eviction on you during the CoVID 19 pandemic
Paula J. Mcgill
Paula J. Mcgill answered on Apr 26, 2020

A landlord can file a dispossessory in court. However, the courts are closed for civil matters until May 13. Therefore, a hearing on a case that is filed this month is unlikely to be heard before the end of May or the beginning of June.

However, the size of your county will have an...
Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: State of Georgia, may I file on Monday, personal injury statue of limitation ends on the Sat. They'reSelf Insured/Good

( History:January 2018 radiation for lung cancer). Incident April 2018 I suffered swollen left foot/left fracture scapular Spring2019 brain aneurysm discovered also evidence of cancer Oct2019, Stroke 2019 Jan2020COPD

Michael W. Horst
Michael W. Horst answered on Apr 20, 2020

If the last day for a statute of limitation falls on a Saturday or a Sunday, you have through the following Monday. Of course, because of the current pandemic facing Georgia (and the world), the Honorable Harold D. Melton, Chief Justice of the Supreme Court of Georgia, extended the statute of... Read more »

3 Answers | Asked in Criminal Law and Family Law for Georgia on
Q: Court ordered visitation of my daughter.

I tried to pick up my daughter for my court ordered visitation for Spring Break/Easter. Her mother refused to give her to me, citing the Corona virus. However, she allowed her other child to go with that child’s father. We asked City of Griffin police to step in and help us. They went and talked... Read more »

Michael D. Barber Jr.
Michael D. Barber Jr. answered on Apr 5, 2020

You need to file a motion for contempt with the court. Most courts are still enforcing provisions for custody through the covid 19 infection. You could also file other motions as well. Unfortunately because of the nature of these actions it isn't technically criminal.

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2 Answers | Asked in Child Custody for Georgia on
Q: During the current pandemc, does fther have rights to come to my house demanding our child to go with him on a Saturday?

Me and my childs father are not nor ever have been married and we do not have any court order custody. Our child resides with me yearly with mostly Friday nights and Saturday days with her father. During the current pandemic, does he have rights to come to my house demanding our child to go with... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Apr 4, 2020

If there is no custody order in place, he has no legal right to visitation. However, if there is no concern of danger with dad, I would not use the pandemic to now cut off visitation that he has historically been exercising. If you do so, he will likely be motivated to now file a legitimation... Read more »

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: our lease is ending soon our landlord is trying to sell it because of the coronavirus effects. we have never been late

is this legal

Paula J. Mcgill
Paula J. Mcgill answered on Mar 24, 2020

Yes, it's legal

He does not have to renew your lease.

However, check the lease to see if he has a deadline to give you formal notice if nonrenewal.

Also, if the landlord sells the house before the lease is up, the new owner will take subject to the lease. That means...
Read more »

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