David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. Can I file for a iien on inhheritence funds not yet distributed for non payment of rent in Georgia

    Answered over 1 year 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

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

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. David Jason Merbaum
    3. Jeremy E. 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

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

    Answered over 1 year 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

  4. How do i get a HOA lien released on my home.

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Scott J. Klosinski
    3. Christopher Daniel Leroi
    3 lawyer answers

    The lien is created automatically. However if they did file a separate lien then there is a book and page where it is recorded so they need to file a release of lien and reference the book and page. You said you received a court document stating the judgment has been satisfied, so just ask them to file a release of lien as well

    2 lawyers agreed with this answer

  5. How do I fight a civil forfeiture

    Answered over 1 year ago.

    1. Ashley Anne Digiulio
    2. David Jason Merbaum
    3. Scott J. Klosinski
    3 lawyer answers

    You have to provide a lot more information for any attorney to give you an answer. Suggestions of filing BK on these facts does not seem to make a lot of sense.

    2 lawyers agreed with this answer

  6. Am I liable for a building defect that caused damages to an attached home?

    Answered over 1 year ago.

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

    You are going to have to provide a lot more fact before anyone on this panel can provide an answer

    2 lawyers agreed with this answer

  7. Is there anyway out of this lease?

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. Jeana Hee-Jeong Kwon
    3. Rixon Charles Rafter III
    3 lawyer answers

    See if you can get a mutual termination and tell them your situation. If you leave, they can sue for breach but maybe someone in the company will realize there is nothing to collect or better yet, they have a child in college and actually have a heart.Good luck and I hope it works out.

    2 lawyers agreed with this answer

  8. What rights do we have as a tenant against a landlord claiming that our dogs had fleas and invested his house?

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    You are required to return the house as received, normal wear and tear excepted. If you did infest the house with fleas, that is not normal wear and tear. The burden is on the LL to prove you caused this but if there is no mention of fleas on the move in inspection and certainly you would not have moved in if there were, odds are you caused the problem and he can recover the cost to fix the issue

    2 lawyers agreed with this answer

  9. My home was foreclosed. Before I could get all my property out the locks were changed. What happens to the remainder of it?

    Answered over 1 year ago.

    1. William Julian Smith
    2. David Michael Lawler
    3. Robert M. Gardner Jr.
    4. David Jason Merbaum
    4 lawyer answers

    No lender in their right mind would simply change the locks and assume you have abandoned the property, especially since once the open the door, they see all your goods. In Ga they must file a dispossessory or its a wrongful eviction. Send a demand letter and ask for all your goods and the cost of anything that was missing and if they dont reply, file suit,

    2 lawyers agreed with this answer

  10. I am being sued by my landlords insurance company/landlord for negligence for property damage do to fire in home i am renting

    Answered almost 2 years ago.

    1. David Jason Merbaum
    2. Troy Windel Marsh Jr.
    2 lawyer answers

    Make sure you get an attorney and file an answer. This is a subrogation case so the insurance company paid the landlord and now wants you to pay them claiming that you caused the fire. You may have to bring in your landlord if he was responsible for the faulty installation of the fan

    2 lawyers agreed with this answer