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Georgia Civil Litigation Recent Legal Answers from Lawyers

Georgia Civil Litigation Recent Legal Answers from Lawyers
If you remain the beneficiary under the policy, and the policy covers death by heart attack, you would be entitled to the insurance proceeds.
If you remain the beneficiary under the policy, and the policy covers death by heart attack, you would be entitled to the insurance proceeds.
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 More
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... Read More
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 More
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... Read More

Who do I sue the barber or the barber shop?

Answered a year and 5 months ago by attorney Bruce Robins   |   1 Answer
There is no reason why you shouldn't sue both.
There is no reason why you shouldn't sue both.
It is still possible to fight, but you will have a better chance of succeeding in having the judgment vacated if (a) you move quickly; and (b) you have some sort of reasonable excuse for having failed to answer in a timely fashion.
It is still possible to fight, but you will have a better chance of succeeding in having the judgment vacated if (a) you move quickly; and (b) you... Read More

How do I go about getting a court case against a business?

Answered a year and 8 months ago by attorney Bruce Robins   |   1 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 More
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... Read More
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 More
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... Read More
Very possibly.  In general, an employer is responsible for the negligence of its employees in the course of their employment.
Very possibly.  In general, an employer is responsible for the negligence of its employees in the course of their employment.
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 More
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... Read More
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 More
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... Read More

wouldn't the court order trump the protection of HIPAA?

Answered 2 years and 7 months ago by attorney Bruce Robins   |   1 Answer
Yes, the Order trumps HIPAA, but that isn't the issue; the issue is payment. 
Yes, the Order trumps HIPAA, but that isn't the issue; the issue is payment. 

Civil Litigation

Answered 2 years and 10 months ago by attorney Bruce Robins   |   1 Answer
First of all I would avoid doing what you did in your email, which is admit to insurance fraud.  Your contractor is suing for the full amount because he/she knows that you can't admit your illegal oral agreement without risking going to jail.
First of all I would avoid doing what you did in your email, which is admit to insurance fraud.  Your contractor is suing for the full amount... Read More
You can send a second certified letter if you want, but why bother if the first one wasn't accepted?  Start your lawsuit.
You can send a second certified letter if you want, but why bother if the first one wasn't accepted?  Start your lawsuit.

Suit on Note Vs Suit on Account?

Answered 3 years and 2 months ago by attorney Bruce Robins   |   1 Answer
I'm not admitted to practice in Georgia, but this doesn't seem to me to be either a suit on a note or a suit on account.  It is a simple breach of contract action.
I'm not admitted to practice in Georgia, but this doesn't seem to me to be either a suit on a note or a suit on account.  It is a simple breach... Read More
Yiou should move to dismiss the claims as barred by the statute of limitations.  There are exceptions to the statute of limiations, but from your brief description it does not appear as if any of them apply.
Yiou should move to dismiss the claims as barred by the statute of limitations.  There are exceptions to the statute of limiations, but from... Read More
It generally means that the claims against one party have been dismissed.  Claims against other parties remain.
It generally means that the claims against one party have been dismissed.  Claims against other parties remain.
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
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... 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
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... Read More

Can a general contractor add interests to a insurance deductible?

Answered 4 years and a month ago by attorney Bruce Robins   |   1 Answer
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
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... 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
What you are describing is not an invasion of YOUR privacy, but your exgirlfriend's.  Theoretically, once you shared whatever you shared with... 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
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... 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
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... Read More

Can a confession via www.bbb.org be used in a court of law?

Answered 4 years and 6 months ago by attorney Bruce Robins   |   1 Answer
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 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... 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
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... 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
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... Read More