David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. Is a verbal contract between a fertilizer company and a farmer legal

    Answered about 2 years 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.

    2 lawyers agreed with this answer

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

    Answered about 2 years 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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  3. Is it legal for a plumber, that I did not hire, to file a mechanic's lien against my property?

    Answered about 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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  4. What to do if the person can't be served due to wrong address in Georgia?

    Answered about 2 years ago.

    1. David Jason Merbaum
    2. Ashley Anne Digiulio
    2 lawyer answers

    The law requires a company to have a registered agent. If the address on the SOS is invalid there are procedures that you can follow to serve the SOS as the agent for the company. I suggest hiring an attorney so you know that when service is made, its good service and a judgment cannot be thrown out later for lack of jurisdiction due to lack of service of process. I would not rely on service by publication as it may not lead to a money judgment. As to whether the clock is ticking, if you mean...

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  5. I filed a claim in Magistrate court for money owed to me, the defendant filed a counter claim including personal items.

    Answered almost 4 years ago.

    1. David Jason Merbaum
    2. Pamela Koslyn
    2 lawyer answers

    The reason it was sent to superior court is because eitehr the counterclaim exceeded the amount allowed in Mag Ct or the claim was outside what the Mag court could do. I do suggest that you answer the counterclaim and asset whatever affirmative defenses you need to assert. I do not suggest letting a pleading go unresponded to, especially under GA law which differs from other jurisdictions

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  6. Can I sue current employer over verbal employment agreement and profit sharing which he has not honored?

    Answered about 4 years ago.

    1. David Jason Merbaum
    2. Peter Jay Wilke
    3. Pamela Koslyn
    3 lawyer answers

    You may still have a claim depending on when the breach occurred. This is the type of case where you may have to sue first and then do some discovery to try and get more information to prove your case. It seems that a portion of the agreement was performed which would support your contentions. I would also need to know more about the profit sharing agreement to see what rights you have contained therein.

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  7. A question of jurisdiction.

    Answered about 1 month ago.

    1. David Jason Merbaum
    1 lawyer answer

    You need to provide a lot more facts for any attorney to even try giving some help here. What court, what relief did you request etc. Each court can only hear certain cases, for example Magistrate Court has a $15,000 limit and cannot offer equitable relief so tell us what your complaint is, where you filed it and maybe someone can point you in the right direction

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  8. I rent an office in a larger office building and I am prohibited from disclosing the amount of rent I pay to anyone that asks.

    Answered about 1 month ago.

    1. David Jason Merbaum
    2. Scott Benjamin Riddle
    3. Charles I. Pollack
    4. Malik W. Ahmad
    4 lawyer answers

    If there is not a provision in the lease or the rules and regulations that are incorporated into the lease agreement I cannot see why you could not disclose the rent that you pay. A careful review of the lease and documents would be in order however.

    2 lawyers agreed with this answer

  9. Need help with homeowners insurance claim.

    Answered about 1 month ago.

    1. David Jason Merbaum
    2. Charles Henry Mcaleer
    3. Michael David Birchmore
    4. Christian K. Lassen II
    4 lawyer answers

    Get an attorney to assist. Read the policy so you know your deadline to file a lawsuit as there are usually limits in the policy. Get all your documents in a row to present to the attorney including the reason the insurance company denied the claim. If you gave a sworn statement, get a copy of the transcript. You do not have to get an attorney in Dekalb to assist, as any attorney that handles these claims can assist. Good Luck

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  10. Is the contractor liable for the damages?

    Answered about 2 months ago.

    1. David Jason Merbaum
    2. Michael David Birchmore
    2 lawyer answers

    It would appear that if you can show that the contractor did not install the water line properly he should be liable. I would send a demand letter and hopefully he has insurance to cover this. If he does not reply, you can always make a claim on your insurance and if you get paid, your insurance company will go after his insurance company for reimbursement.

    2 lawyers agreed with this answer