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Georgia Civil Litigation Questions & Answers
Q: Consequences for false info in GA custody ex parte order case
In a joint custody case originating from Tennessee, both parties now reside in different counties in Georgia. An ex parte order was issued to alter the custody of two children, granting supervised visitation to the other parent on two weekends instead of alternating weeks as previously agreed. What... View More 
Kedra M. Gotel
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answered on Jun 24, 2025
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answered on Jun 24, 2025
The ex parte hearing is an emergency style hearing and so is the ex parte order. Once the parties are scheduled for a full hearing on the merits of the case, make sure to bring all evidence to support your case along with evidence opposing the false information your ex provided at the ex parte... View More
Q: How can I establish grandparents' rights to see my granddaughter in Georgia?
I am a grandparent in Georgia, and I'm having difficulty securing visitation rights to see my granddaughter. Since the death of my granddaughter's biological mother, the other grandparent has had custody. I have only seen my granddaughter twice since her mother's passing. The... View More
Alake Colwell Furlow
answered on May 26, 2025
answered on May 26, 2025
The only thing you can do is to file suit for visitation, and go through the court. Otherwise no, there is no way you can obtain visitation of a child, who's legal guardian will not allow you to see them.
Q: Does owning a property in Georgia take precedence over an unrecorded will dividing property I own among sisters?
I have been the sole owner of my father's commercial property (3.4 acres, including a house and five rentals) in Georgia for the past 16 years, holding the deed in my name. Five years ago, my father passed away after writing a will, which was not recorded, dividing the property among me and my... View More
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James Clifton
answered on May 6, 2025
answered on May 6, 2025
Yes, your ownership of the real estate is not affected by the will of your father. The will can only distribute real estate and other assets actually owned by your father. Also, because you own the property individually, you cannot ask your siblings to contribute to the cost of upkeep, maintenance,... View More
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Car Accidents, Insurance Defense, Civil Litigation and Personal Injury
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Q: Served with damages complaint from collision; need advice on rights, obligations, and potential legal representation.
I was involved in a vehicle collision where neither party was seriously injured. Over a year later, I've been served with a complaint for damages from the other driver, claiming her insurance company mishandled her case. She states that suing me is necessary to sue her insurer. I have to file... View More
Michael W. Horst
answered on May 4, 2025
answered on May 4, 2025
Generally speaking, Georgia law provides 30 days to file a response to a lawsuit (known as an Answer). The 30 day "clock" begins to run from the date of service. Missing the 30 day deadline can bring with it dire consequences as then a default can be entered.
In your case, I... View More
Q: What is the statute of limitations for abuse claims in Georgia?
I was born in 1971 and experienced mental and physical abuse until age 18. I didn't understand at the time that certain actions were legally considered abuse. I'm now considering civil and criminal claims in Georgia, potentially including compensation through property claims. What is the... View More
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Glenn T. Stern
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answered on Apr 20, 2025
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answered on Apr 20, 2025
Unfortunately because these crimes occurred before 1992, the statute of limitations has probably lapsed for doing anything criminally or civilly long ago. However, these kind of cases are legally complex, and specific circumstances can alter the calculation; you would really need to speak with an... View More
Q: Where to find form to answer civil suit in GA?
I'm representing myself in a civil suit filed in the state court in Georgia. I need to find the proper form to file an answer, and the deadline for submission is today. Where can I find this form?
Michael W. Horst
answered on Apr 14, 2025
answered on Apr 14, 2025
I would strongly, strongly urge you to retain counsel to represent you. Filing an answer is not easy. If some defenses are not raised, they are waived forever. Nevertheless, if you insist on proceeding pro se, you can find an Answer form at the following link:... View More
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Appeals / Appellate Law, Child Custody, Civil Litigation and Family Law
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Q: Can I appeal a custody order signed without notification or agreement?
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More
Alake Colwell Furlow
answered on Apr 16, 2025
answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
Q: How to handle neighbor's claim affecting property sale?
Since buying my property in 2017, a neighbor has claimed that a fence built in 2001 is on their land. They mentioned a survey in 2021 but have no documentation, only some markers. I moved my mailbox after discussing it, but I insisted it wasn't on their property. Now I'm trying to sell my... View More
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Anthony M. Avery
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answered on Apr 12, 2025
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answered on Apr 12, 2025
Markers/monuments are physical evidence of a survey. Is your fence on the other side of the markers? If so you may be encroaching on the adjoining property. However the other owner may have acquiesced to the ascertainable boundary (fence) since no suit have been filed. It may be at least a... View More
Q: How to dispute a summons for running a red light in Georgia?
I received a summons from the Savannah Airport Police in connection with a motor vehicle citation under Georgia Code GA 40-6-20, stating that I ran a red light. However, I believe the officer made an error, as I did not run the red light. What steps can I take to dispute this summons?
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Glenn T. Stern
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answered on Apr 7, 2025
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answered on Apr 7, 2025
Unless you have dash cam footage or there were traffic cameras that recorded the incident (and you can find them and get a copy of the video-if such cameras even exist), it will come down to your word versus the officer's word in court. Most of the time, that is not a formula for success in... View More
Q: Being stalked and harassed by neighbors and falsely accused of a crime. How to ensure safety?
I've been stalked and harassed by my neighbors for months, and it's intensified this month. They've accused me of a crime I didn't commit, causing severe emotional distress. I've documented instances with the police and have a witness, my mom. We obtained a temporary... View More
Joshua Schiffer
answered on Apr 7, 2025
answered on Apr 7, 2025
If the DIY remedies are not working, you need to consult with a LOCAL lawyer one who knows the lay of the land and the important people involved) regarding potential additional civil and criminal actions.
Facilitating with local law enforcement can be very effective, and in lieu of that... View More
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White Collar Crime, Civil Litigation, Employment Law and Criminal Law
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Q: Can church report secretary for theft after repayment offer in Georgia?
I am part of a church where the secretary has been caught stealing over $15,000, according to the church ledger and bank statements. The theft has been ongoing for over 2 years. Although no formal agreement has been made, she has offered to repay part of the money, expecting that we would drop the... View More
Joshua Schiffer
answered on Apr 6, 2025
answered on Apr 6, 2025
Whatever has happened just becomes part of the case the State will choose either to bring or not bring.
The Police will definitely take a report, and take that report seriously. These are VERY common issues at churches, schools, Greek life, scouts, etc.
The Police just arrest... View More
Q: Paid for bounced check but must appear in court. Why?
I paid for a bounced check on March 7, but I have received a mandatory court appearance notice. Why do I still need to appear in court, and what could be the possible legal implications or charges involved?
Serge Jerome Jr.
answered on Mar 25, 2025
answered on Mar 25, 2025
It depends what type of summons you received. There could be civil or criminal hearing. Civil just means they want more money. If you already paid everything back then you don't have anything to worry about. Criminal hearing could be a fine, probation, or jail time. It just depends on the... View More
Q: Timing for responding to a Motion for Summary Judgment before pre-trial hearing.
I am responding to a Motion for Summary Judgment that was given to me 5 days before the pre-trial hearing. I thought the Motion for Summary Judgment needed to be submitted to the court 30 days before the pre-trial hearing. Is this correct?
Michael W. Horst
answered on Mar 14, 2025
answered on Mar 14, 2025
Not exactly. Rule 6.6 of the Uniform Superior Court Rules provides "[m]otions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment." The fact that the MSJ was... View More
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?
My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More
Tim Akpinar
answered on Mar 15, 2025
answered on Mar 15, 2025
Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More
Q: How to file civil claim for assault by coworker without DOB/address in GA?
I am trying to file a civil claim related to an assault by a coworker in Fulton County, GA, with the intention of pressing charges. A police report has already been filed, and I know the coworker's full name and place of employment, but I do not have their date of birth or address. How can I... View More
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Glenn T. Stern
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answered on Mar 6, 2025
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answered on Mar 6, 2025
You need to go down to the Fulton County courthouse and fill out a "Warrant Application Form." The fee is $20. The office is file the form is located in the Carnes Building, 160 Pryor Street, Room J150. You have to fill out the form, then go next door to the accounting office in the... View More
Q: Father's estate issues, brother managing assets, concerns about fraud, Georgia
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
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James Clifton
answered on Feb 27, 2025
answered on Feb 27, 2025
If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More
Q: Truck held by repair shop led to business loss. Legal actions?
I am a former owner-operator of a small trucking company. My truck was held by a repair shop in Jackson, Georgia, under the pretense of waiting for a non-safety related part. Despite the service manager later stating, three months later, that I could take my truck, this delay resulted in the... View More
Kent Bailey
answered on Feb 26, 2025
answered on Feb 26, 2025
There are a few questions before advice can be fully offered. For example, did the shop initially inform you that the truck could not leave? Were attempts made to retrieve the truck that they refused? If either of these are the case, then they later recanted this assertion, then a claim is... View More
Q: Can Florida subpoena be enforced in Georgia?
I am involved in a legal case, and a Florida court has mailed a subpoena to a witness in Georgia to compel their appearance in court. The witness is reluctant to testify, and this subpoena is for a court appearance. Can the Florida court enforce this subpoena in Georgia, or are there specific... View More
Michael W. Horst
answered on Feb 17, 2025
answered on Feb 17, 2025
This issue is governed by the Uniform Interstate Depositions and Discovery Act since both Florida and Georgia adopted the law. Please see OCGA §§ 24-13-110 — 24-13-116 and follow it accordingly in order to have Georgia witness appear in court.
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?
Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More
Tim Akpinar
answered on Jan 13, 2025
answered on Jan 13, 2025
A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More
Q: What kind of lawyer will I need as a business owner purchased a product but never received the product after a year?
I purchased a product from a business and never received the product. It has been over a year and a half and the project is not completed. We had a verbal agreement
Tim Akpinar
answered on Nov 15, 2024
answered on Nov 15, 2024
A Georgia attorney could advise best, but your question remains open for a week. An attorney who handles civil litigation, contracts, or general business matters should be able to handle something like this. You could first send the company a brief letter asking where the product is, and what their... View More
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