David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. Who represents me? I was a victim of battery. I want to sue him in civil court too

    Answered almost 2 years ago.

    1. David Jason Merbaum
    2. Emily Su-Hwa Yu
    3. Allen Rust Knox
    4. David Alexander Browde
    4 lawyer answers

    Besides any criminal charges you can hire an attorney to file a civil suit for damages for a tort. Contact an attorney that specializes in these types of claims - assault, battery and other damages

    3 lawyers agreed with this answer

  2. In Georgia , can a helot lender sue the borrower if the 1st has not foreclosed ?

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Ashley Anne Digiulio
    3. Glen Edward Ashman
    3 lawyer answers

    The second lender can sue on the note or could foreclose but would have to deal with the first mortgage. There are a lot of facts which should be examined because if the foreclosures are not done properly you can avoid a deficiency. Once again I would note that attorneys soliciting people to file bankruptcy is improper. While bankruptcy is an option at times, it should be a last resort after all efforts to deal with debts are explored. The effect of a bankruptcy can scar someones credit for...

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  3. Do I need to file an answer if I have settled a medical debt in georgia?

    Answered about 1 month ago.

    1. David Jason Merbaum
    1 lawyer answer

    File answer to be 100 percent safe and you can indicate in the answer the case is settled but also call and ask for the filed dismissal

    2 lawyers agreed with this answer

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  4. Can I sue my landlord for not repairing my apartment after I have asked several times for much needed repairs?

    Answered 10 months ago.

    1. Christopher Lee Phillips
    2. David Jason Merbaum
    2 lawyer answers

    The obligation to pay rent is independent of the duty of the landlord to repair. You could have fixed the problems and deducted the cost from the rent. Now you are a defendant in a lawsuit so you need to file a counterclaim for constructive eviction and defend the lawsuit. Get an attorney to assist you in court.

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  5. Is there a statue of limitations on a landlord trying to sue a ex-tenant for back rent and damages in Georgia.

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    First off, file an answer so there is no default. Even though you dont have proof of payment there are circumstances which would sort of question the Plaintiffs claims - waiting 3 years to sue, not filing a dispossessory when you were there for lack of payment of rent, also something called laches which is simply waiting a long time to do something, no demands in 3 years etc. as to damages, if there was no move out inspection, LL will not get damages. Main thing is to file an answer

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  6. I want to sue my landlord for return of security deposit. She lives in CA and I live in GA, how can she be served?

    Answered over 1 year ago.

    1. John Arnold Steakley
    2. David Jason Merbaum
    3. Shawn B Alexander
    4. Nathaniel John Oleson
    4 lawyer answers

    Both previous answers are not correct. Your landlord can be sued in GA because she owns property in GA. You sue here and serve her in California. If you win, you can get a judgment lien against the property. There may also be a way to serve the agent in GA and that could be good service on the landlord. See OCGA 44-7-3

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  7. My bank account was garnished I have not received anything. I am on food stamps because my husband lost his job.

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Glen Edward Ashman
    2 lawyer answers

    You are supposed to get a copy of the garnishment via the mail. File a traverse with the court ASAP as they have forms for this and see a creditor debtor attorney that knows this area of the law

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is a verbal contract between a fertilizer company and a farmer legal

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Scott Benjamin Riddle
    3. Eugene Andre Ahtirski
    3 lawyer answers

    Not all verbal contract are binding, especially ones that relate to the sale or interest in land as those are governed by the Statute of Frauds. However, part performance of the contract can take the contract outside of the Statute of Frauds. You do need to see an attorney as the contract may be voidable.

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  9. Can I sue the landlord for the attorney's fee and breach of contract?

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Daliah Brill
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    If your lease provides that you are renting the entire house and the LL put other people in then it would appear to be a breach of your right to quiet enjoyment. It may also be illegal under the county housing laws to have that many tenants in the house. All that being said, if your landlord breached you can sue for your damages. Before filing suit, I would send a certified letter to the LL and tell them that they breached, list all of the issues and set a deadline. If they do not reply, you...

    2 lawyers agreed with this answer

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  10. Is it legal for a plumber, that I did not hire, to file a mechanic's lien against my property?

    Answered almost 2 years ago.

    1. Kevin M. Veler
    2. Scott Benjamin Riddle
    3. Thomas Richelo
    4. David Jason Merbaum
    5. Kermit M Milburn
    5 lawyer answers

    While the lien can be filed, liens law are very technical and even the slightest mistake and void a lien. In addition, you can force the lien claimant to sue the first plumber within 60 days by filing and service a notice of contest and if no suit is filed, along with a Notice of Commencement of Lien Action (which is another very technical document) you can get the lien thrown out. Many attorneys mess up liens so it is possible this plumber did too. If he did not mess, your course of action...

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