David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. 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.

    Selected as best answer

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

    Answered 6 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

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

    Answered 7 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

  4. 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 8 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

  5. Slander, wrongful eviction

    Answered 8 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

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

    Answered 9 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

  7. How to evict tenants with a thirty day notice.

    Answered 10 months ago.

    1. David Jason Merbaum
    2. Cheryl Rivera Smith
    3. Shawn B Alexander
    3 lawyer answers

    If you tenants are in breach of the lease for destroying the property, then just send a demand for possession and file a dispossessory.. same thing with non payment of rent. Either scenario does not require 30 days notice.

    2 lawyers agreed with this answer

  8. Can I file for a iien on inhheritence funds not yet distributed for non payment of rent in Georgia

    Answered 10 months ago.

    1. David Jason Merbaum
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    There is something called a pre judgment attachment or garnishment that allows you to attach money before you get a judgment. However its not easy to get, you need to post a bond and meet the specific criteria of the statute. So while there is a possible procedure, its unlikely you can use it. As the other lawyer said, sue, get your judgment and then collect

    2 lawyers agreed with this answer

  9. Landlord Offering Same Services as My Business Offers In Same Location???

    Answered 11 months ago.

    1. Scott Benjamin Riddle
    2. David Jason Merbaum
    3. Jeremy Emile White
    3 lawyer answers

    I agree that without a provision in your lease prohibiting the same services you may be out of luck. However, Georgia law implies in every contract a duty of good faith and fair dealing and while this may not rise to that level to allow you to succeed in court, it may not be too bad an idea to get an attorney to send your LL a strong letter threatening a breach of the lease for basically competing against you. It may work to "pursuade" the landlord from this behavior, which by the way is sort...

    2 lawyers agreed with this answer

  10. Is there any such thing as an emergency eviction? If so,what is the process to file?

    Answered 11 months ago.

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

    I am not aware of such a thing. There is something callled an injunctio n which can be used for immediate relief but you would need to describe some facts for an attorney to tell u if an injunction iks appropriate, which would be highly improbable anyway

    2 lawyers agreed with this answer