David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. Can a lawyer from one specialty represent a client of different legal specialty

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Scott Benjamin Riddle
    3. David H. Burns
    4. David Thomas Dorer
    5. Zebulon Kelly Chandler
    6. ···
    6 lawyer answers

    Any attorney can assist you on any matter but the attorney should not take a case that he is not qualified to handle. Most attorneys nowadays do handle specific types of cases so before you hire an attorney for a particular matter, interview them to make sure they are qualified to assist you.

    9 lawyers agreed with this answer

  2. Do I have right in Georgia to withhold rent?

    Answered 11 months ago.

    1. David Jason Merbaum
    2. Cheryl Rivera Smith
    2 lawyer answers

    The obligation to pay rent is independent of the obligation to repair. A tenant can sue for the diminished value, after notice repair the issues and deduct it from the rent and submit the receipt of if bad enough (and it must be really bad and untenantable) claim constructive eviction. If they file a dispossessory you need to file a counterclaim for diminished value but you are going to have to prove the value of the premises, taking into account the issues

    Selected as best answer

  3. If my company is a guarantor of a personal loan that is in default and I'm being sued by the bank

    Answered 9 months ago.

    1. David Jason Merbaum
    2. Kevin M. Veler
    3. Kris K. Skaar
    3 lawyer answers

    There is a statute in GA which covers fraudulent transfers which may apply is you simply give away assets while you are being sued. If you do not take equal consideration or transfer assets to an insider or attempt to hide or transfer assets to avoid creditors, the transfer can be avoided. See an attorney before you begin to move assets around.

    5 lawyers agreed with this answer

  4. Cont previous question.I received a post judgment demand where I live out of state11 years after the debt went to collections.

    Answered 12 months ago.

    1. David Jason Merbaum
    2. Scott Benjamin Riddle
    3. Gary D. Bollinger
    3 lawyer answers

    Did not see your part one. However, judgments do expire if not renewed so if the judgment is not good in the original state, its not good now. I would get an attorney to simply look at your documents to see if you have anything to be concerned about.

    5 lawyers agreed with this answer

  5. Can I recover my legal fees when I was sued for false reasons? I paid my attorney over $5,000.00 to get the case dismissed.

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Kris K. Skaar
    3. Michael Charles Doland
    4. David Jason Merbaum
    5. Robert Bruce Kopelson
    6. ···
    6 lawyer answers

    You did not state when your case was concluded by OCGA 9-15-14 allows you to file a motion for attorney fees up to 45 days after final disposition of the action. The other attorneys are correct in that your attorney should have discussed this with you and the chances of getting the fees are not too great, and if you spent $5,000 to get a $40,000 case out on summary judgment it seems like your attorney did a good job. However, if a case is in fact without a factual or legal absence of a...

    5 lawyers agreed with this answer

  6. How do I know if I've paid an attorney too much money? Does he have to return any unearned money back to me?

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Scott Benjamin Riddle
    3. Daniel Lee O'Neil
    3 lawyer answers

    Did you sign a contract with the attorney. Some cases are flat fee cases so the money may be earned when paid, but of course work has to be performed. The State Bar has a fee dispute program. I would write to the attorney and either dismiss him or ask him to contact you because you are not happy with the services. Ask him what is the status of your unused retainer and when that will be returned. If you are not happy then contact the bar and file a complaint.

    5 lawyers agreed with this answer

  7. If a business (corporation) is closed can a creditor do anything in terms of suing on a debt?

    Answered 11 months ago.

    1. Glen Edward Ashman
    2. David Jason Merbaum
    3. Ashley Anne Digiulio
    4. Robert M. Gardner Jr.
    5. Matthew Scott Berkus
    6. ···
    6 lawyer answers

    If these are truly debts of the company and a creditor goes after the company it will find there are no assets. However, if you commingled personal and corporate assets a creditor can try to hold you accountable for what they call piercing the corporate veil. Similarly, if the new business takes the assets of the old business or the customers of there is an identity of interest between the companies a creditor can go after the new company under what is called alter ego. If none of this...

    4 lawyers agreed with this answer

  8. Recently had granite and faucets installed two different companies. Now I have a leak from under my sink. Who is responsible?

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Kevin M. Veler
    3. Thomas Richelo
    4. Michael L. Chapman
    4 lawyer answers

    I would venture to say that if there is a leak, it is a plumbing issue. Why not call a plumber out to look at the issue and give you an opinion as to the case. If it is a simple leak, I cannot imagine that the cost to fix would be too much and if the plumber is half way reputable, they will take care of the problem for you. I do not see any need to pay an attorney to deal with this.

    4 lawyers agreed with this answer

  9. Civil lawsuit against me personally. How to set things so new ventures will be immune from garnishment?

    Answered 12 months ago.

    1. David Jason Merbaum
    2. Ashley Anne Digiulio
    3. Ainsworth G. Dudley Jr.
    4. Adam Elliot Carr
    4 lawyer answers

    Any money or assets that you own personally that are improperly transferred to avoid a judgment (even before the judgment is entered) can be set aside later for a fraudulent transfer. If you set up a new company and it has no connection with the prior companies that company should be free from any of the debts of the other companies. It sounds like personal assets are going to be an issue so even later if you try to get a salary from the new company, it can be garnished and your interests in...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Is verification required for responding to interrogatories in civil matters in GA?

    Answered 11 months ago.

    1. David Jason Merbaum
    2. Dean Richard Fuchs
    2 lawyer answers

    yes they have to be verified by the person giving the answers which is not the attorney as the attorney is not the person with the facts of the case. You can file a motion to compel but must first make a good faith effort (superior court rule 6.4) to resolve the dispute. If you file a motion to compel you have to file a certificate stating that you complied with rule 6.4. I would not wait until trial to ask for a continuance due to deficient discovery, as a court may not want to postpone a...

    Selected as best answer