Georgia Civil Litigation Legal Questions

You can sue him for breach of contract.  Whether you win depends on whether the judge or jury believes  you when you claim the money was a loan, or whether he is believed when he says it was a gift.  A promissory note would help you prove your case that it was a loan, but  you may be able to win without it.... Read Answer

You can theoretically sell your home, but it would be sold subject to the judgment lien, meaning that if the judgment is not satisfied, the lienor can foreclose on the house even after it's sold, leaving the buyer without a house.  It wouldn't make sense for anyone to buy it under those circumstances.... Read Answer

Statute of limitations, which differ depeinding on what claim is assert4ed (i.e. the stattue of limitations for breach of contract is different from the statute of limitations for defamation, is different from the statute of limitations for negligence, etc.) relate to the time for commencing the case, not the time for going to trial.  Once a case is commenced before the statute of limitations expires, it can get to trial six months later, two years later, ten years later, etc., dependfing on the complexity of the case and how busy the court is.  There are some rules requiring that a case must be prosecuted diligently once filed, but no hard and fast deadlines and, moreover, those rules require notice ot be effective, i.e. you would have to notify the plaintiff that, if he doens't place the case on the trial calendar within a month, you will move to dismiss it for failure to prosecute.  Such notice generally wakes the plaintiff up and he/she does something to avoid dismissal.... Read Answer

There's no way to answer your question because it depends on the particular facts of each situation and, assuming that each side has a different version of events, which side the jury believes.  Of course this presumes that you were not charged with a crime or were acquitted of the crime.  if you are convicted of a crime relating to the incident, that conviciton will be binding against you in a civil case.... Read Answer

What injuries did she suffer? What state does your wife reside? Since the female doctor resides here in Florida and your wife I assume resides in Georgia, then it's quite likely that the US District court here would have jurisdiction depending of course on your wife's injuries. However more facts are needed. Discuss with counsel here in Florida about contingency fee representation. ... Read Answer

Monetary damages are an element in almost every civil cause of action, including any claim that I can see arising from this situation.  From what you've written, you have none, therefore I don't think you have a valid claim.  In addition, as you would be suing the government there are sovereign immunity issues.  Sovereign immunity limits the claims you can assert against a government entity, the time period in which you can assert a claim, and mandates strict procedures which must be followed to assert a claim.... Read Answer

It sounds as if your daughter has a pretty good case for the cost of repairs (although there may be a limitation of liability clause in her paperwork, which can probably be overcome). Unless Georgia law is very much different than the states in which I practice, however he would not have any kind of claim for “potential danger.”... Read Answer

You can sue for anything, but if you eeren’t Injured your claim for pain and suffering would probably be dismissed.  Presumably, your damages will have been covered by insurance, which means that that your insurer will be repaid out of any money you recover, and it may be that your insurer, not you, would better handle any claim against the mechanic.  I’m not sure how it works in your state, but you should at least discuss it with your insurer before starting any suit, especially if you plan to use a lawyer. ... Read Answer

You would sue your nephew for breach of contract.  You may also have standing to sue the person to whom your husband's nephew transferred the car as the third party beneficiary of his/her contract with your husband's nephew.  However, if he/they has no money to pay, you are still liable to the lender.... Read Answer

You don't say specifically, but I gather that you are the grandparent in this situation, and your daughter is the parent.  If you are not the parent or legal guardian of the child, you would normally not be liable for expenses relating to your granddaughter absent a contract in which you agree to be bound.  Your former daycare provider claims to have such an oral agreement with you; you claim she doesn't.  While some types of contracts are required to be in writing, most are not.  One type of contract which generally is required to be in writing is a contract to be responsible for the debts of another, so if the daycare worker is claiming that you agreed to guarantee your daughter's obligations to pay the daycare worker, an oral agreement probably wouldn't stand up.  If she is just claiming a straight agreement where you agreed to pay for her services, however, such an agreement can be oral.  If you had a written contract with her, that would probably preclude her trying to claim a written agreement, but as it stands, and without knowing any of the evidence that either of you will present, there is no guarantee that a judge or jury will not believe her. ... Read Answer

Unless your contract or a statute implicated in your case provides for it, both of which are highly doubtful, you will not recover attorneys' fees on your claim, but there is no reason you can't handle this yourself.  You may recover costs, but these do not include attorneys fees and are minimal.  Speak to the clerk of the court of your local court about how to proceed without an attorney.  It may be that because the defendant is out of your area, you will not be able to sue in small claims,which would mean you would have to sue in another court with higher costs, but you can still do it.... Read Answer

In New York, there is a rule that motions have to be decided within 60 days, but half the time they aren't.  I don't know if there is a similar rule in Georgia (I have a friend who practices in Georgia who told me that he once waited 2.5 years for a motion to be decided), but even if there is  you probably don't want to invoke it for fear of antagoinzing the Court.  As a practical matter, you probably have no recourse.... Read Answer

Yes.  The person to whom you owe money can garnish any non-exempt income that you receive in order to collect on his/her/its debt.  The form, paperwork, and terminology may differ depending on whether you are an employee or independent contractor, but the right to collect on the judgment from your earnings doesn't change.... Read Answer

You have a good chance to win your case as it appears that the seller may have lied about the phone being free and clear (and also may not have had the right to sell the phone; the phone may have been propery of his bankruptcy estate, not the seller), but I'm not so sure that you will ever recoup your money from someone who appears to have a number of creditors in front of you.  ... Read Answer