David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. What to do if the person can't be served due to wrong address in Georgia?

    Answered over 1 year 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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  2. I filed a claim in Magistrate court for money owed to me, the defendant filed a counter claim including personal items.

    Answered over 3 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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  3. Can I sue current employer over verbal employment agreement and profit sharing which he has not honored?

    Answered over 3 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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  4. How can I sue my landlord?

    Answered 15 days ago.

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

    In order to get you out the landlord must file a dispossessory so you can wait for that and then file a counterclaim or you can sue the landlord now perhaps for fraud and other claims. At the very least if you are tenant at will, the landlord must give 60 days notice to cancel. Of course you still have to pay rent during the 60 days. I think you need to talk to an attorney

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  5. Not getting proper help with apartment leak and mold issue in Atlanta?

    Answered 16 days ago.

    1. David Jason Merbaum
    2. Brian Michael Douglas
    2 lawyer answers

    If after opportunities to have the landlord fix the issues you can fix the problem yourself and submit the receipts in lieu of rent. this is called repair and deduct. if after the payment of the repairs you still owe rent, you need to pay the difference. You can also sue the landlord and force them to fix the issues or if they are so bad, and it really has to be bad, you can claim constructive eviction and leave. However you need to talk to a Landlord tenant attorney first before doing anything.

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  6. What can I do to stop an" emergency motion to stay a Writ of Possession?

    Answered 9 months ago.

    1. David Jason Merbaum
    2. Thomas Richelo
    2 lawyer answers

    You are going to have to provide more information. Did you file a dispossessory?Where did the tenant file the motion to stay? Do they have an attorney? If you give more details, perhaps we can provide an answer

    2 lawyers agreed with this answer

  7. Where do you go to court to uphold a promissory note, note signed in GA other party moved to NJ

    Answered 9 months ago.

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

    You can sue in Georgia but you will have to serve the Defendant where he can now be located. If you get a judgment you will have to domesticate it in the state where the defendant resides if you want to enforce it in that state. If you defendant has bank accounts in Georgia then you can file a garnishment here after you get your judgment.

    2 lawyers agreed with this answer

  8. I file a case in Magistrate Court and need to transfer to Superior or State Court. Do I file my own motion to transfer the case?

    Answered 11 months ago.

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

    You are going to have to provide some more information so someone can help you.

    2 lawyers agreed with this answer

  9. Slander, wrongful eviction

    Answered 11 months ago.

    1. Christian K. Lassen II
    2. David Jason Merbaum
    3. Andrew Raymond Lynch
    3 lawyer answers

    You need to provide some additional information. Have you been evicted? Did they file a dispossessory? I do not know what appeal you are referring to. If you give more information, perhaps the attorneys here can help you futther

    2 lawyers agreed with this answer

  10. Can my landlord evict me if he took half rent

    Answered 11 months ago.

    1. David Jason Merbaum
    2. Kathryn Mary Holton
    3. Cheryl Rivera Smith
    3 lawyer answers

    The L cannot cut off the water and cannot take rent and then evict. File a timely answer and tell the judge what happened at the hearing or get a LT attorney.

    2 lawyers agreed with this answer