Hot answers tagged

7

Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the ...


6

The insurer can absolutely deny paying any claims if they discover that you misrepresented something in obtaining your policy, or you failed to notify them of relevant changes in accordance with the policy's terms. In fact, even changing the "garage" location within a state can affect your premium. You should call your insurer and provide them an honest ...


6

The question didn't mention marital status, but since states formally recognize that relationship it's helpful to start there. tl;dr: The Supreme Court decided state laws that required a woman to notify her spouse were unconstitutional. Thus it's unlikely there'd be grounds for suit. Background The central mechanism of Roe v. Wade (U.S. 1973) was a ...


5

As far as I can tell, that would be a criminal act. Georgia law § 16-8-2 - Theft by taking says: A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the ...


4

If you want to get out, and are willing to lose $270, you can not sign the lease and demand a return of your security deposit. You could ask for a return of the other fees as well, but you are less likely to be successful. They would probably have trouble enforcing a security deposit against you if you didn't have a lease with them, and would probably have ...


4

Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident. When two drivers collide, responsibility can be divided among them depending on the details. However, when a driver hits a stopped object (including another vehicle), it is always the driver's fault for not operating his ...


3

We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis: the type of counselor we're talking about; the types of information the counselor disclosed; the reason she disclosed it; the job functions of the people to whom she disclosed it; the reason the client is bothered by ...


3

I found a number of news stories and official documents about public schools with such policies including: "Parents face more fines and rules if their children miss too much school" from Public Opnion; "School Adopts Strict Policy on Parents Picking Up Children Late" from the Los Angeles Times; "If you're late to pick up your kid at school, expect more ...


3

This is a general common law answer; Georgia may have statutes or the common law there may change this. In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of ...


3

Note that I am not a lawyer. All law code here is from the official Georgia Law at LexisNexis. In the case of Georgia, the law regarding a child’s election changed in 2008. Prior to 2008, a 14 year old child could choose with which parent to live, unless the judge determined that the chosen parent is unfit. As proving that a parent is unfit was not always ...


3

The community charges $300 annually for access to the community pool, to which I only actually used the first three years living here. It likely does not matter whether you used the pool or not. I was handed a case by a police officer today saying I have exactly 30 days upon receiving the letter to pay dues for the community pool for the past 8 years ...


3

For there to be a cause of action, the father must have suffered damage. It would be impossible to convince a court that he had. Further, government (including the judiciary) post Roe v. Wade does not have the authority to interfere in the mother's decision so an injunction is not possible.


3

You say the vehicle you hit was stopped "for doing some roadwork"; I assume, therefore, it was a highway maintenance vehicle. Georgia's Move Over Law states, in part: (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red ...


3

We cannot advise you to pay the fine or contest it, but we can say that the law is. A notation like "no tag" is not the same as a formal charge that would be filed against you if you were prosecuted, under Georgia Code 40-2-8. The law says (b)(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia ...


3

One can be fired at any moment that the employer chooses, unless there is a contract that provides otherwise. (Some employment contracts specify a notice period.) But if the firing is at the end of a shift or of a work day, that shift's/day's wages would be included in the amount owing to the employee. "Fired" usually refers to ending employment for ...


3

I've contested many of my own traffic tickets in a state where traffic tickets are also considered misdemeanor criminal violations. I would appear in court before the time limit on your ticket. I'd plead not guilty, and I would not waive any rights- which means I would request a trial by jury. Under Georgia law you do have the right to a jury trial IF your ...


2

It depends, and you have to check your Articles of Incorporation, which are public documents filed at the State corporations department. They are typically online. If your organization is organized on a Board-control basis Then the very idea of a "member" is only nominal. It's a legal fiction, and is basically a kudos, recognition or some package of ...


2

If an action was taken that violates the bylaws you don't need to appeal to any external power; under the organization's own definition the action is invalid. In the given example, it's like the Annual Meeting did not happen. The bylaws should declare what the consequences of that are. Typically a lawsuit or injunction would only be sought if actions are ...


2

Not a lawyer, not your lawyer, but sometimes I watch Judge Judy. I don't see why the brother should be forced to buy out the sister's half of the property. He is an owner of the property and is entitled to the rights of ownership, including the right to enjoy its use. The sister is entitled to the same rights. These rights do not include either depriving ...


2

The brother is under no obligation to buy, the sister is under no obligation to sell. As co-owners they each enjoy the right to use the property; that the sister chooses not to does not change the brother's right. If the property is owned as tenants in common (the most likely arrangement), the sister can sell or lease her share to whoever she likes without ...


2

O.C.G.A. § 44-9-6 is a statute that deals with abandoned properties, typically meaning without ownership, upkeep, failure to observe their obligations related to loans/taxes....it's not just someone not living there for a few months or during construction. If the pipes are the municipality's or they are granted an easement in their deed they have the legal ...


2

The general rule is that a purchase of "used" real estate (as opposed to newly constructed residential real estate sold to a first buyer) is "as is" with regard to physical condition and defects. There is an exception for latent defects of which the seller has actual knowledge, which are not disclosed and would not be discoverable by a reasonable inspection....


2

Short Answer Typically, about four weeks in an uncontested case and six weeks in a contested case, although this depends to some extent upon how business the relevant courts are at the time. Long Answer The time limits break down as follows into different parts of the process: Minimum time from formally demanding possession to being legally allowed to ...


2

According to the US Courts website, not all debts need to be paid in full in Chapter 13 proceedings: The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they ...


2

Georgia practices "at-will" employment, which means an employer can terminate employment at any time, for any reason or no reason, so long as that reason doesn't violate other federal or state laws (e.g. because of race, age, disability, etc.), and as long as there is not an employment contract granting additional rights. There is no restriction on when a ...


2

There should be some procedure for contesting the ticket. Follow it, plead not guilty. Sometimes the officer doesn't bother to show up, but if he does, you should be prepared to defend yourself. For example, you could explain how the corner where he ticketed you (no RToR sign) is on your natural commute, while the corner where he "saw" an infraction is not. ...


2

I don't know the rules of procedure for Georgia, but generally speaking, one would plead not guilty to the ticket and request discovery from the prosecutor. If there is footage available, it would probably need to be turned over. If it shows that you did nothing wrong, you may persuade the prosecutor to dismiss the case; otherwise, you would probably just ...


2

Fingerprints are required in a number of states to get a CPA license. Under California Board of Accountancy Regulation 37.5 A licensee applying for renewal as a certified public accountant or public accountant who has not previously submitted fingerprints as a condition of licensure or for whom an electronic record of the licensee's fingerprints ...


1

If any of the information disclosed was Protected Health Information (PHI) under the federal HIPPA law, the disclosures might violate that law. Providers, which would usually include therapists are subject to HIPPA. However, HIPPA has several permitted grounds for disclosures, and this case might well fall under one of them.


1

It would be difficult, but it doesn't seem impossible. "Allow the defendant to present testimony and give a judgment, without hearing from the plaintiff" gives the defendant a huge advantage, but at least you should be able to give your side in your complaint. And I don't see anything in the magistrate court rules that says you can't hire a local attorney ...


Only top voted, non community-wiki answers of a minimum length are eligible