Georgia Civil Litigation Legal Questions

If (a) the airbag didn't deploy because of Dodge's negligence in the design, manufacture, or maintenance of the airbag or some related system, and/or the defective part or part was still under warranty; and (b) your significant other would have suffered less severe injuries if the airbag had worked the way it should, then he/she would have a suit for the damages he/she sustained due to the failure of the airbag to deploy, including both pain and suffering, medical expenses, lost wages, etc.  You might have a lesser suit for loss of consortium, meaning the loss of your significant other's services and companionship due to his/her injuries from the airbag failure.... Read More

Was it your former partners or the business which obtained the judgment? If your partners individually, it has nothing to do with the sale of the business. If it was the business, did your former partners sell the business itself (i.e. if the business was xyz, inc., did they sell all the stock of xyz, inc.?) or the assets of the business (i.e. instead of selling the stock of xyz, inc., xyz sold its equipment, customer lists, lease, accounts receivable, etc.?)  If the stock was sold, the business entity still owns the judgment (unless it has since sold it) even though the business entity itself (xyz, inc.) is owned by other people. If it was an asset sale, was the judgment one of the assets sold?  If so, the new owners own the judgment (unless they have since sold it.)  If not, the old business entity (xyz, inc.) still owns the judgment (unless it has since sold it) and your former partners still own xyz, inc. Bottom line is that judgments are assignable and, while you should check to make sure that the person or entity now claiming to own the judgment really does own it, it is entirely possible that the judgment was validly sold.... Read More

I assume that the contractor's contract is with the homeowner, not the insurance company.  If so, the homeowner's policy (i.e. the homeowner's agreement with the insurance company) has nothing to do with the transaction between the contractor and the homeowner.  If the homeowner does not pay the contractor on time, the contractor would generally be able to charge interest on the amount due (and I assume the homeowner/contractor agreement so provides.)  As for whether the contractor should delay work until he receives the $1,000, that might be the prudent thing to do but, unless the contractor's contract with the homeowner requires him to delay, the contractor is not legally obligated to do so.... Read More

What you are describing is not an invasion of YOUR privacy, but your exgirlfriend's.  Theoretically, once you shared whatever you shared with your ex, she could have shared them with her mom, or friends, or whoever and (with rare exceptions) you, having voluntarily shared whatever with her, would have no legitimate expectation of privacy.  Moreover, there are many things which I would consider an invasion of privacy, but which do not give rise to a cause of action. Having said that, what your ex's mom is doing is extortion, which is a crime.  Contact the police.  ... Read More

The question of whether you can be fired from a public school for expressing your political views off campus is a hot button topic right now, and the answer is not entirely clear.  For example, teachers ahve been fired for appearing on a swingers website with their spouses.  If you are working at a public school, my personal view is that such a firing would violate your constitutional rights.  If you are working for a private school, of course, there is no question of constitutional rights (except for the provision against slavery, the U.S. Constitution only deals with government action, not the actions of private citizens), although there may still be state statutes in Georgia which might protect you.  However, the woman who called you racist has the right to freedom of speech as well.  She has the right to accurately quote what you said and to express her opinion that it is racist and that you should be fired for it (although posting the notice on school doors might be trespass, and if she lied you might be able to sue her for defamation.)  The first amendment (again, assuming you work in a public school) gives you the right to express your opinion; it says nothing about "without fear of retribution" from a private citizen (as long as the means of "retribution" are legal.)   BTW, I assume your opinion is that "we" can't afford illegal immigrants, not "legals."... Read More

No one can tell you whether you have sufficient evidence to convince the Judge of what you're claiming, but, assuming you can authenticate (through your own live testimony) the evidence you are trying to submit (i.e. you took the photos and can testify that they accurately reflect the property damage, you saw an authorized representative of the company sign the "confession" and can testify that he signed it and it hasn't been altered, you can testify with personal knowledge that the damaged piece comes from your property, etc.) it should be sufficient to prove that the property was damaged by the defendant.  However, you've given no indication of any proof of the amount of damages.  Are you claiming a diminution in the value of your property due to the damage?  If so, do you have an expert who will testify that the property is now worth $X less than it was before it was damaged?  Are you claiming the amount you had or will have to spend to repair the damage?  If so, do you have any invoices or estimates from repair services, or any cancelled checks or receipts or other documentation, to show how much you paid to repair the damage? If your wife has personal knowledge of the matters about which you want her to testify, certainly she could be a witness for you.  But, unless she has personal knowledge of things about which you don['t have personal knowledge, I don't see how her testimony is going to add anything to your own.... Read More

In general, statements made by a party are not considered hearsay (or are exceptions to the hearsay rule) and can be used by the opposing party as evidence.  Also, even if the statement was considered hearsay, it would only be barred if used to prove the truth of the matter asserted, it could still be used as a prior inconsistent statement if the owner testified that his workers had not damaged the freon canister, or that he didn't know how the canister was damaged. Although sometimes proceedings before administrative agencies are considered privileged, and can't be used in later proceedings, the BBB is a private organization, not a governmental agency, so (although I am not specifically familiar with Georgia law) I don't think any privilege would attach.  In sum, I think you should be able to use the statement.... Read More

In the states in which I practice, and I assume that Georgia is similar, you are required to furnish the debtor, upon request, with a form known as a "satisfaction of judgment" which certifies that the judgment has been paid off, which the debtor would then file with the same place in which the judgment is filed (in NY, the County Clerk).... Read More

If it is true that your boyfriend's check bounced, I see no reason why the landlord can't tell others about it.  If the landlord is knowingly lying about your boyfriend always being late with payment, your boyfriend might be able to sue the landlord for defamation.  However, if the part about bouncing the check is true, your boyfriend probably will not suffer any additional damages to his reputation or credit from the part about late payment.... Read More

You are not obligated to return a gift, but he may claim that the gun was just a loan for you to use while the two of you were together.  Unless you have some proof that it was an unconditional gift, it may be his word against yours.  Also, do you have all the necessary firearms licenses, registrations etc. for the gun (not sure what is required in Georgia)?  Does he?... Read More

There might be some unusual feature of Georgia law of which I am not aware, but generally  there is no difference between a  plea of "no contest" and "no lo contendere" except for the nomenclature used in a particular jurisdiction.  No contest is just the english translation of the latin phrase no lo contendere.    A plea of no contest will no prevent a civil suit from being filed against you, it merely means that the plaintiff will have to prove your fault through evidence, rather than being able to merely point to your conviction as proof positive of your fault.... Read More

Just to be clear, is the family suing the same person/entity that is in bankruptcy?  That is, is it suing you personally or your business entity (corporations and llc's are independent legal entities.)  Is it you personally or your business entity that is in bankruptcy?  For purposes of this answer, I'm assuming that the party in bankruptcy is you personally, and that you personally is being sued. If you're in bankruptcy, you can't be sued outside of the bankruptcy case without the permission of the bankruptcy court.  I would write a letter to the plaintiff's lawyer, enclosing proof that you are in bankruptcy, and telling him that filing the lawsuit against you was in violation of the automatic stay under the bankruptcy code, and that he must file a claim with the bankruptcy court.  If you have not already done so, you should amend your bankruptcy petition to schedule the wrongful death claim, so that it can be discharged in bankruptcy. If the lawyer ignores you, serve and file an answer to the complaint, and also notify the bankruptcy judge that this claim has been brought against you and that the plaintiff has refused to withdraw it despite being notified that you are in bankruptcy.  The clerks of the two courts will be able to help you with how to do this.  DON'T IGNORE THE SUMMONS.  The ongoing bankruptcy may protect you, but I would not take that chance.  If you ignore the summons, you will probably wind up with a default judgment against you for a great deal of money.  Even if you have no money to pay it back now, the judgment holder will be able to garnish your wages for many years to come in order to collect.... Read More

No.  In general, you can use any name you want as long as you are not using it to defraud anyone, for example using  a different name to hide from creditors.  There was no legal requirement that you adopt  your late husband's last name, and no legal requirement that you keep it now.  Indeed, many women now opt to continue using their maiden name even after marriage.  As a practical matter, however, it may be a hassle for you to start using a new name, as you may have to change the information on file with credit card companies, doctors, motor vehicle department, insurers, etc.... Read More

Maybe, maybe not.  The first question is whether you had a contract.  Contracts require consideration, i.e. quid pro quo.  The normal consideration for a loan is the payment of interest in addition to repayment of the loan amount, but you make no mention of that.  What consideration is your friend getting in exchange for the loan?  If nothing, I don't think you have a valid contract, and you must repay your friend, period. If your friend is getting consideration for the loan (i.e. you drove him to work for 3 weeks, you loaned him the use of your tennis racket, you stopped singing that annoying song all the time, etc.), the answer will probably depend on what the Court finds were the terms of your agreement.  Presumably, you will argue that the terms were that you would repay him only when you got your inheritance, while the lender will probably claim that you were to repay when you got your inheritance, but in no event longer than six months (or 8 months, or 12 months, etc.)  Where no time for performance is agreed upon in a contract, the Court will imply a reasonable time.  I don't know how long you have owed the money, but, unless you provided your friend with legitimate consideration, and unless the two of you specifically contemplated that your friend might never get repaid or might not get repaid for years, depending on a contingency which neither of you control (getting your inheritance), I doubt that the Court will think that holding up the money indefinitely, with no end in sight, was reasonable.  My feeling is that, if it has only been two weeks, the Court might think it reasonable for your friend to wait a little longer, but if your friend has already been waiting for six months, I don't think a Court will think it reasonable that he be forced to wait any longer, and will enter judgment against you.... Read More

I'm not aware of any statute which prohibits a merchant from requiring a minimum purchase on a debit or credit card.  Such a statute seems unfair to me, since merchants have to pay a percentage of each credit card or debit card sale to the card issuer, however I'll take your word for it that Texas and California have such laws.  If you believe the minimum purchase was really a pretext, and the merchant was really discriminating against you due to your race, religion, etc. (i.e. if the merchant allows people of a different race to make 99 cent purchases with a debit card) as addressed in the Civil Rights Act, that would be a different story.  As far as your potential law suit, how were you damaged, that is how did you lose money due to the merchant's conduct which you think was improper?  Absent such monetary damages, you cannot sue in most small claims courts, because most are courts of limited jurisdiction and can only grant money damages.  A court of general jurisdiction may be able to give you equitable relief, i.e. enjoining the merchant from requiring minimum purchases before honoring debit cards.  Bottom line, although I don't think you would win, your suit may not be legally frivolous in the sense that it lacks any legal merit (after all, if the statutes to which you refer provide as you say you do, some legislatures apparently agree with you that the merchant did something wrong), but some (I am one) consider it frivolous to waste a Court's time with such minor grievances.... Read More

A long arm statute is a statute which sets forth the circumstances where a given jurisdiction will exercise jurisdiction over non-residents.  I don't understand what you mean when you say that you are trying to "perform" a long arm statute. If what you are saying is that you have commenced, or intend to commence (in most jurisdictions, you file the action and then serve the defendant, but in  some you serve first; I don't know the procedure in Georgia), a lawsuit in Georgia against an entity which has a registered agent in California, then you have to serve that entity in accordance with the Georgia long arm statute.  Depending on what that statute provides, that may entail merely sending a copy of a summons and complaint to the agent by certified mail, or may entail hiring a process server to go to the address of the agent and physically delivering documents to the agent, or something else.  Although in some jurisdictions the Clerk of the Court will make the first attempt at service, in most it is either the plaintiff's responsibility to get the necessary process served, or a sheriff will perform service.  You must review the Georgia long arm statute.... Read More

A civil suit usually involves filing a complaint with the court.  The defendant then has the chance to defend and either claim that your case whould be dismissed for any one of a number of reasons or simply file a response.  In either event, even if you obtain a judgment, which is a court determination that you are owed money, collecting it is another matter. One issue is whether you would sue the juveniles themselves or their parents.  I suggest you consider whether the mere potential of recovery is worth the money and effort you will spend. ... Read More

I'm sorry but your inquiry goes beyond what I consider a consulation. I can generally tell you that something that you say that is true is not libelous and just because you lost the case doesn't mean that what you said wasn't true - you need to step up and hire a lawyer to respond to the demands or seek resolution of the case, as appropriate... Read More

You absolutely have a case for all of these loans or expenditures. Do you any written acknowlegdments of such obligations? You need to know where he lives now and depending on how long ago he left you may still be able to sue him in your county of residence - yourself in the Magistrate Court but I do not like Magistarte Court due to the fact that judgments from Mag. Ct can be appealed and you have to start over - you may need to hire an atty - locating him and having him served is of absolute importance, but if he is truely a deadbeat you may well never obtain anything form him - a judgment is just a piece of paper until u seek collection of if.... Read More

Sounds like a good claim of improper conduct against the State - I have a law school class mate practicing in or near Woodstock, Ga. - give her a call - her name is Michael Chisholm - if she can only healp u in getting DFACs off your back I can help you with additional claims for damages - not sure the extent of those but I would be willing to investigate further.  ... Read More