Georgia Breach Of Contract Legal Questions

This is a serious legal matter.  Generally, contractors are paid in step payments as the progress takes place.  Here, it sounds that you paid the contractor in advance.   You need to find a local attorney who will file a lawsuit against this contractor.  Not only are out the money you paid the contractor for the incomplete job, but you are now paying expenses for living expenses elsewhere, plus the emotional distress this has caused you.  You need to take legal action as soon as possible.  You are on the side of the angels, not the contractor.... Read More

The fact that the leasing agent changed doesn't appear to be relevant.  What is important is whether your contract (your lease, together with whatever was incorporated into it such as house rules) guaranteed that there would be no animals allowed in the building (arguably, just because your lease prohibits pets doesn't mean that other tenants will not be allowed to have pets.  Also, if I was the landlord, I'd argue that no PETS doesn't mean no service aniimals).  If so, you have a claim for breach of contract, and may have the right to rescind the lease if a court considers the breach material. ... Read More

Yes, although it is more important that he has breached your contract that he would settle the dispute by fixing your car, than it is that he was driving.  If there was no contract, you would have to prove tha the was negligent in order to recover.  However, since the two of you agreed to settle your claim by him fixing your car, his negligence or lack of negligence in driving the car is irrelevant.  You have a settlement agreement; he breached it.... Read More

You don't indicate exactly what type of contract was invovled here, but the Georgia statute of limitations for breach of a written  contract is 6 years from breach; for breach of an oral contract, 4 years.  If this was a contract for the sale of goods it would be governed by the UCC statute of limitations which is 4 years from breach.... Read More

Assuming that the company has no defense to the claim of breach of contract (i.e. do not claim that they have already performed, do not claim that the other side is in breach, do not claim that they were defrauded into entering into the contract, do not claim that performance is excused due to the non-occurrence of a condition precedent, etc. etc. etc.), the company Is "guilty" (not really the right word; this isn't a criminal matter) of breach of contract.... Read More

If these facts are true, a class action lawyer.  If the facts are as you allege, then yes you have a case worth pursuing on a class basis.  I or another attorney would need to see the agreement, the card statements and then investigate.  Feel free to send all over or seek out any attorney handling class actions, consumer fraud.  MLF... Read More

If the hotel made an unconditional offer (i.e. the offer didn't say something like "subject to change anytime before occupancy"), it is bound by it unless it was obviously a mistake.  So, if the hotel accidentally screwed up a decimal point, and made the room rate $2.50, instead of $250, it would be an obvious mistake and it would not be bound.  Otherwise, you have a contract to occupy the room at the offered rate.  As a practical matter, however, the hotel is probably not going to allow you to occupy the room at that rate and you are going to have to sue it, which is a hassle.  Also, if you do compel the hotel to honor their rate, it may retaliate by giving you a bad room, and/or poor service.  You may be better off getting a refund and finding somewhere else to stay.... Read More

I'm sorry to tell you this, but the negative impact on your credit is probably the least of your problems. It is not clear to me whether you refused to pay the time share company, or refused to pay the credit card company after it honored the charges.  Either way, you will be sued for breach of contract.  If you are sued by the time share company, you can attempt to raise the defense of fraud.  It is very difficult to evaluate the merits of this defense from your question, but to the extent that you relied on anything orally that is contradicted by your written agreement, you will have a very tough case, as the writing will control.  For example, if the sales rep told you that the company would pay off your existing timeshare, but the written agreement made no mention of it but did provide, as most contracts do, that the writing constituted the full agreement between the parties, you would have a very tough case.  If you are sued by the credit card company, however, I see no defense, as I believe (but you should look at your agreement to make sure) that the contract with the credit card company will provide that if there is a dispute with a merchant which can't be resolved, it may pay the merchant, you would then have to repay the credit card company and make a claim against the merchant. If you lose your case, a judgment will be entered against you for the amount of the debt, plus interest, court costs (minimal) and possibly (if the contract on which you are sued provides for them, as the credit card contract almost certainly does) attorneys' fees.  If you don't pay the judgment, the creditor will try to collect by garnishing your wages and/or other sources of income, and/or selling your assets. I have assumed in this response that U.S. law applies, but it is entirely possible that the contract you signed with the time share company provides that D.R. law applies, and I don't know if it is different from U.S. law.... Read More

If your uncle agreed tp give you the car, he would not have been able to take it back had you not given it back voluntarily.  Had he taken the car from you by force, or stolen it, he arguably would have breached your contract (although the more applicable cause of action would have been the tort of conversion.)  Asking for the car back, a request with which you were in no way obligated to comply (again, assuming that the facts are that your uncle gave you the car) is not a breach of contract, nor (unless you were under some sort of duress, or were not competent to make decisions) does it give rise to any other claim. The question is, when you gave the car back, was it conditioned on your uncle returning your $2,000, or did you just decide to ask for that after the fact?  If the two of you agreed that you would give him the car in exchange for $2,000. he has breached that contract.  If, however, you gave  him the car, and only later asked for $2,000, your uncle was under no obligation to give it to you, just as you were under no obligation to give him the car in the first place.  Not that it really matters, but, after several years, the car has depreciated much more than $2,000, and it would have cost you much more than $2,000 to lease the car for that long.... Read More

Yes and no.  An unsecured loan can become secured, but not without the debtor's consent.  If the friend has defaulted on repayment (it is not clear when he/she was supposed to pay), your father can sue him/her for the amount of the loan and, once he obtans a judgment, he can utilize collection procedures, including (once the proper procedures are followed) having the car sold to and using the proceeds to satisfy the debt.... Read More

If they had started to sue you now, maybe not.  I'm not sure of the Georgia limitations period for breach of contract, but in NY it's 6 years, and in other states in which I've had cases the contract limitations period is even shorter. However, limitations period run until the date suit is commenced.  If the limitations period is one year, and a lawsuit is started on the 364th day, the suit is timely, even if it takes 30 years to wend its way through the courts. Moreover, since you never responded, it appears that the HOA got a default judgment against you.  In NY, and I'm pretty sure in GA, you can't (except under unusual circumstances) garnish someone's wages or seize their property until you get a judgment against them.  You are no longer being sued; the HOA already won.  They are now seeking to collect on their judgment.  The limitations period to collect on a judgment is much longer.  In NY it is 20 years.... Read More

Assuming that the contract was delivered to you after the seller signed, doesn't give the seller the right to back out of the contract within a given period of time, and that the seller has no valid reason for backing out (e.g. some breach by the buyer), the seller has breached the contract.  As the buyer, you can (a) file a lis pendens against the real property which was the subject of the sale, preventing the seller from selling it to anyone else pending the resolution of the lawsuit between the seller and you (I assume that this was a contract for the sale of real property) and (b) sue the seller to either (your choice) compel the seller to perform the contract and sell the property to you on the contracted for terms or for any damages you have suffered as a result of the breach.... Read More

I'm  not sure what you mean by legal document, but if you are asking if it compels you to do anything, the answer is no.  Courts have the power to compel compliance.  If your mother commences a lawsuit seeking to recover $10,000 from you, you will be compelled to respond to the lawsuit, on pain of having a default judgment awarded against you, and the Court can compel compliance with that judgment.... Read More

If the small claims records are not available online, go to the court and requisition the file.  The name of the Judge will be on the order dismissing the case.  If not, just ask to look at the small claims court calendar for the day in question.  The name of the Judge sitting on that day should be on the calendar.... Read More