Georgia Civil Litigation Legal Questions

Finding your case is not complicated if you filed it and paid a filing fee it will be in the court's computer files and court's paper files - you should have a stamped filed copy and receipt for the monies paid for the court costs - your husband's immigration status will have absolutely no effect on the availability of such fiilng. As far as your husband goes - it sounds like there is an agreement which can be enforced against him, but at this stage it is a swearing contest and courts and lawyers do not consider divorces uncontested with no filed agreements to document that factual description, i.e. uncontested. Bottom line you need an attorney to help get your divorce on track!  ... Read More

Many times, a phone call is not enough to learn what is in the court record.  That is because the clerk may not have all the information or may simply be wrong.  Moreover, he or she won't go through the whole file for you. but you can. Alternatively, if the divorce was contested, I would think you would have a lawyer and could ask him or her.  Or you can hire one for the limited purpose of finding out that answer.  But a review of the court file should answer the question.   ... Read More

You can sue for defamation. That's clear. However, I don't know about "public humiliation." That's sort of included in the damages for defamation. You can also sue if you were falsely detained (false imprisonment), and possibly battery (if you were touched).  As for getting a copy of the store security tape, you'll need to sue the store first.... Read More

In order to be convicted for stalking, you MUST be given a hearing. That's called "due process of law." Is it possible you were arrested and jailed awaiting your court date and they decided to drop the charges and that's why you didn't get a hearing? As for suing the school or the school official, this gets messy. Depending on your conduct and behavior, you just may have crossed the line of acceptable conduct giving the police probable cause to arrest you. To a certain extent, it's going to boil down to "he said", "he said."  It will also depend on what evidence you have supporting your bullying theory and what they have to rebut it with. Also, school districts in Georgia enjoy what's called "sovereign immunity." That means that you normally can't sue a state, county or local government, agency, body or entity unless its for a breach of contract, gross negligence or some heinous intentional act. You'd have to sit down with a lawyer to discuss the details of the events to see if you have a case and whether it would be worth trying to pursue. ... Read More

First of all, he should be criminally prosecuted for theft-by-taking, embezzlement, RICO and fraud.  You can also sue him directly for fraud, RICO, conversion and trespass. As far as getting your vehicle back, you'll need to sue the lady who bought the car based on fraudulent conveyance of stolen property.... Read More

Unfortunately she can't collect for her services. They were provided gratuitously and without being under contract. She also can't collect for the money she came out of pocket for in caring for her life partner. That money is considered a gift. There was no expectation or agreement of re-payment for any funds she spent on her behalf. I'm sorry.... Read More

You can sue only if the hospital was publicly owned. A hospital is a business and businesses can deny people service under certain circumstances. Publicly owned and operated hospitals are not permitted to turn people away. They're created under charter with the State government. Private hospitals can essentially take who they want and when. You can be turned away for not being the right religion, lack of insurance, etc.  Without more detail, I would suggest to get on-line and research the "Public Health Laws" of the Official Code of Georgia Annotated (OCGA). If you get stuck, let me know and I'll try to help you more.... Read More

Since it was an arrest, all arrests remain on your permanent arrest record (unless you're under 18, then the arrest is likely sealed). In a case of a first-time felony arrest, they can be 'expunged' by pleading to first-time offender status and completing all the requirements set by the judge to have the charges dropped. Paying the ticket is an acknowledgment of guilt and will be considered a conviction for purposes of permanent records. Virtually everything on your permanent record can be accessed as a public record through one of numerous websites. Laurence Davidson, Esq. www.legaldawgs.com Athens, Ga. (706) 549-6689... Read More

You will need to consult an attorney who specializes in personal injury law. You should be aware that the sole remedy available in such an action is money damages. Your attorney will help you evaluate whether the would-be defendant is likely to have enough money to make such an action worthwhile. The intentional-tort statute of limitations would generally apply -- one year.... Read More

You are entitled for your brake contract to be completed properly. This deals with the concepts of good faith and fair dealing in contract law. When taking your car to be serviced you are entitled to competent care in replacing parts and completing the job. If the job is not completed properly than someone could lose their life. Assuming the Florida dealership is correct, you are entitled to reimbursement for the costs which you incurred in order to fix the incorrect job which was done. The original brake place would be required to fulfill those costs. You should get sworn statements from the 3 professionals stating the job was incorrectly completed and keep all paperwork for both jobs. I recommend getting personal contact information (phone number, address, ect)for each mechanic/professional as well. This will make it easier to find them if you need further information. You should then contact a local GA attorney in order to determine the next step. Likely it is a small claims issue and small claim court rules are generally very locally specific. It would be in your best interest to speak with an attorney and make sure you keep all papers, invoices, or other documents that you're received from both dealership.... Read More

A landlord may accept rent for any time prior to the dispossessory in which the tenant has occupied the residence. He/she may also make a demand for any rent while filing a dispossessory. The property laws are generally governed by state and local laws when it comes to eviction proceedings.  You would have to consult local counsel to get a better idea of those proceedings in your area.... Read More

You may be entitled to counter sue for storage rental fees for the time in which the trailer was left on your property. If you had requested that he come remove the trailer and you have documentation of this, this would be beneficial to your case. You are entitled to be repaid for the inconvenience of leaving the trailer on your property for such a significant amount of time. This would be under the same terms of renting the property in which to store the trailer. Your best course of action now is to file a counter suit if a suit has already been filed against you and force the plaintiff to decide if the court fees are worth pursuing the entire action.... Read More