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Georgia Business Litigation Questions & Legal Answers
Do you have any Georgia Business Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 17 previously answered Georgia Business Litigation questions.
If you hired a lawyer, it would probably cost you more than that in fees, as I doubt that you could find an attorney who would agree to handle that small a matter on a contingency. However, you can represent yourself. Also, it is possible that, as some states do, Georgia has a statute which provides for the recovery of additional damages and/or reasonable attorneys' fees where wages are withheld (although the fees would have to be commensurate with the claim).... Read More
If you hired a lawyer, it would probably cost you more than that in fees, as I doubt that you could find an attorney who would agree to handle that... Read More
It's hard to answer your question without more detail, but if the car dealer made a false representation of fact on which you reasonably relied to your detriment, you could sue it for fraud. However, there are a lot of other rules which may be relevant. For example, if the dealer orally told you that the car had 20,000 miles on it, but the paperwork accurately reflected that it had 40,000 miles, you are probably out of luck.... Read More
It's hard to answer your question without more detail, but if the car dealer made a false representation of fact on which you reasonably relied to... Read More
If you can prove a pattern of shortchanging and/or that you were intentionally shortchanged, you may have some sort of consumer fraud claim (consumer fraud statutes vary in each state and I don't know the particular statute which would apply in Georgia, but I'm confident that there is one.) Absent such proof, however (for example, testimony from other customers who had had the same problem), you can sue the store for $15. Since it is basically your word against the store's, you might not win.... Read More
If you can prove a pattern of shortchanging and/or that you were intentionally shortchanged, you may have some sort of consumer fraud claim (consumer... Read More
Have the designer sign a contract beforehand that specifies that any ideas or other information you disclose to them in connection with their potential development of your website belong to you; such information and ideas can't be used by them in any way other than to develop your website, or disclosed to anyone except their employees (who must sign the same agreement) for the sole purposes of developing your website, and that if they breach the agreement, in addition to any other remedies available at law, they are liable to you for all proceeds derived from the unauthorized use and/or disclosure of the ideas or other information.
The above is not intended to be the actual contract, just a quick guide. If you don't want to hire a lawyer to prepare the agreement, and do it yourself, be careful to try to anticipate any contingency.... Read More
Have the designer sign a contract beforehand that specifies that any ideas or other information you disclose to them in connection with their... Read More
If the bank's mistake caused damage to someone, that person might have a claim against the bank. However, if the bank corrected its error, how was anyone damaged?
If the bank's mistake caused damage to someone, that person might have a claim against the bank. However, if the bank corrected its error, how... Read More
It depends on whether the landlord owned the cooler or the beverage company. Each is claiming ownership, and you have no way of determining who is right. If the landlord is right, he didn't defraud you, the beverage company did, and vice versa. If there was a lot of money involved, you could sue them both and let a court sort it out, but it probably is not worth it in this case. You should ask your landlord for proof that he owned the cooler. If he doesn't provide it, you can refuse to pay, and the landlord may then sue you, or you can pay, on the basis that you're going to have to deal with the landlord going forward, and it isn't worth getting into a big fight over this.... Read More
It depends on whether the landlord owned the cooler or the beverage company. Each is claiming ownership, and you have no way of determining who... Read More
Mediation, although often preferable to litigation (a) is not binding; and (b) can only be done if both sides consent. Given that you both live in different states, it is unlikely that the other side will agree to a mediaiton in your state. If you attempt to start a mediaton, however, he may choose a preemptive strike by suing you in his state. Also, if you use a professional mediation service, it can be expensive. Although mediation is not as expensive as litigation, the money is largely spent up front, whereas litigation expenses are more backloaded, - the biggest litigationexpense is trial (although you may have to pay a substantial retainer if you use a lawyer), and perhaps 80% or more of civil litigations settle before trial. Moreover, filing a lawsuit does not in any way bar the parties from also attempting to mediate their dispute, perhaps through the Court which may have a free or inexpensive mediation program. Given these facts, it may be that your best option is to file a lawsuit.... Read More
Mediation, although often preferable to litigation (a) is not binding; and (b) can only be done if both sides consent. Given that you both... Read More
You have several choices. One is simply to send the card issuer a written demand that they release the balance due and, in the letter, threaten litigation unless the balance is released within, say, ten days. A second alternative is to complain to your state's attorney general. Finally, you can try suing immediately in small claims court where you reside. I'd start with the letter.... Read More
You have several choices. One is simply to send the card issuer a written demand that they release the balance due and, in the letter, threaten... Read More
Rather than immerse your self in technical legal labels, consider that in the absence of an agreement limiting warranties -- which it sounds as if you don't have -- a contractor impliedly warrants that his work will be done in a workmanlike manner. That warranty was breached here. The concern you then have is whether the statute of limitations has run on this claim, which it has not. (Your "latent" label addresses when the statute of limitations would commence to run if you hadn't discovered the defect until after the "regular" statute of limitations had run; you don't need to go there.) Just get the defects properly documented and sue for the cost of repairs.... Read More
Rather than immerse your self in technical legal labels, consider that in the absence of an agreement limiting warranties -- which it sounds as if... Read More
This is a very serious matter, and you need to consult an attorney immediately. Repeat: you are not going to be able to get the answers you need from a computer. Get a lawyer now.
This is a very serious matter, and you need to consult an attorney immediately. Repeat: you are not going to be able to get the answers you need from... Read More
Maybe, but you would need to prove that the liquor store did something wrong. Your facts to not establish that the beer you purchased was defective; they merely show that you became sick after drinking beer. Maybe you are allergic to beer. Maybe you acquired a parasite from another source. You can predict that the defendant in any such action will aggressive raise these kinds of defenses. The facts that you are still alive and are not apparently impaired in any way from pursuing your livelihood wil limit your available damages.... Read More
Maybe, but you would need to prove that the liquor store did something wrong. Your facts to not establish that the beer you purchased was defective;... Read More
There are certainly more facts than you have reported, including a description of how you misconducted yourself in order to earn the privilege of having the bouncer hit you. These cases don't do well for the drunken plaintiff, in general.
There are certainly more facts than you have reported, including a description of how you misconducted yourself in order to earn the privilege of... Read More
It doesn't sound as if any of these issues affects the habitability of the apartment. That's generally the standard for breaking a lease, unless there is some express warranty that allows you to terminate the lease on some other grounds.
It doesn't sound as if any of these issues affects the habitability of the apartment. That's generally the standard for breaking a lease, unless... Read More
It is generally not possible to have two judgments for the same debt -- unless the debtor (that's you) forgets to defend the second lawsuit. A judgment is an absolute bar to a second suit to collect the same debt, provided that the defendant defends and raises the judgment as a defense.
It is generally not possible to have two judgments for the same debt -- unless the debtor (that's you) forgets to defend the second lawsuit. A... Read More
A writ of "fieri facias" (to which you apparently refer) is issued in nearly all civil cases in Georgia, in my understanding, regardless of the personhood of the defendant. It will act as a lien on the assets of the LLC. (Not admitted in GA.)
A writ of "fieri facias" (to which you apparently refer) is issued in nearly all civil cases in Georgia, in my understanding, regardless of the... Read More
It seems you have an unusual setup. If your line of credit is being used to purchase a car, then you should have title to the car, not your employee. You need standard auto dealer coverage. Your insurance broker should be familiar with both the property and liability aspects of the coverage. Presumably the property coverage is mandated by the lender who does your floor plan.... Read More
It seems you have an unusual setup. If your line of credit is being used to purchase a car, then you should have title to the car, not your employee.... Read More