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David Merbaum’s Answers

468 total


  • Can a landlord change a lease 3 times within a 3 month time frame?

    I moved into a relatives house and Operation Home Front paid our first and last months rent with the exception of her showing them a lease. We signed the first lease but a week later she gave us an updated lease to sign. We signed that lease, but ...

    David’s Answer

    if you signed each lease, you are liable. But in general, if there is a lease in effect neither party usually has the right to unilaterally just cancel it without some penalty or getting the other side to agree to the changes.

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  • My 2008 Infiniti was recently damaged while parked at my apartment complex. Is the apartment complex liable for repairs?

    I live in a apartment complex with a security gate and "reportedly" security guards perform walking patrols of the property. On the morning after Thanksgiving (Black Friday), my 2008 Infiniti received damage to area above left wheel well (cost of ...

    David’s Answer

    Probably not based on your facts. May want to provide more details

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  • Request for Admissions - Once I have admitted or denied each statement, do I send this directly to the plaintiff?

    I have already responded to the complaint but along with the complaint is a request for admissions. Once I respond to the admissions what is next? Do I need to file anything else? What is the best way to send it?

    David’s Answer

    Prepare your answers and mail them to the other side and prepare and file a certificate of service and a Rule 5.2 certificate.The 5.2 certificate certifies that you mailed the answers to the other side.That document gets filed with the court.

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  • What do i do if a process servers serves a summons and its a case of mistaken identity

    recieved a call from a process server stating a summons will be issued tomorrow this is a case for someone who shares the same last name but i do not know this person and told them that....Not sure what to do

    David’s Answer

    If you are in fact served get an attorney. You need to file an answer but make sure you make a special appearance and indicate that you are not waiving jurisdiction. Then your attorney needs to get in touch with the plaintiffs attorney and explain that you are not the right defendant and demand that they dismiss you. Of course you will have to show them some documents or other proof that you are not who they are looking for. If they do not let you out voluntarily, then you will need to file the appropriate motions and let the court decide. In no event should you ignore this however

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  • What can a tenant do if they filed an answer to an eviction but missed the hearing due to vehicle break down?

    I filed an answer to an eviction but missed the hearing. While en route to court the person providing me transportation vehicle broke down in traffic. I have proof of my rent payments through Sept 16th when the landlord asked if I could move by th...

    David’s Answer

    The other attorney is right that it would be hard to get an appeal filed in this instance. You can write a letter to the judge or get an attorney to assist you and explain what happened and ask the judge to vacate the prior order and re set the case for another hearing. Now the court may ask you why you did not call when you were going to be late or even go see the judge when you finally did get there. And to be frank, you should have called and immediately contacted the court to tell them what happened and I am afraid that if you did not do that, the court will not have much sympathy for your situation.

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  • I am delinquent on my HOA fees and it is with collections but they are not very responsive

    I contacted them because my association told me to. I sent email after email (copied HOA when I got no response) and called asking for an statement of what they had me owing and got no response. Finally they sent a statement, but it wasn't mine....

    David’s Answer

    Send a letter to the Association and copy the collection firm and detail your efforts to reach out and pay. Tell them you will not pay any fees that were caused by their delays and refusal to communicate. All that being said, you owe what you owe and they can file a lien. In the letter tell them you want to reach an agreement on a payment plan and make sure its clear what is included and try to avoid future late fees. You do have some legal recourse but that would require an attorney and you said you cannot afford one.

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  • Does a contract transfer to a new owner or does a new contract have to be accomplished.

    The daycare I use for my daughter transferred owners and I am not comfortable with the new owners. I had a written agreement with the previous owner that I would give 2 weeks notice. I informed the new owner that I was withdrawing my child with no...

    David’s Answer

    • Selected as best answer

    The other attorneys are right, need to see the contract but no matter what the agreement said, if I was not comfortable with the new owners watching my kids, I would take the kids out and let the chips fall where they fall, even if I lost in court. I would go to the owners and say do you really want to watch kids when the parents do not want you to do so? This is a very uncomfortable spot to be in and if these owners insist on enforcing the agreement I would be concerned about allowing my kids to be there too.

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  • Can a creditor freeze all your bank accts after obtaining a court-ordered judgement without first, discussing an amount?

    I was an IC as a lease driver with a transportation company that filed a claim on me for failure to pay the remaining balance that I owed to them. After having problems with my equipment 3 separate times of which they left me stranded on the road....

    David’s Answer

    This is interested in the fact that we do not know how much the judgment is for and what has been frozen and how the creditor went about this. Lets say they have a 500 judgment and they froze accounts with far in excess of that amount, I would file a traverse on each garnishment and tell the court that there is sufficient money in one account to cover the judgment so there is no need to freeze all my accounts. I am kind of guessing here on what happened because you did not provide enough details but the traverse is an available remedy in Georgia. See an attorney

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  • EVICTIONS IN GEORGIA

    can a landlord evict me if I don't pay attorney fees before eviction even though I paid rent owed/late fees? can you explain this law? $ 44-7-52 in detail where it says where if tenant pay rent due and dispossessory warrant cost its a defense to ...

    David’s Answer

    Here is the code section:
    a) Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period.

    so if they landlord is now asking for attorney fees, raise this defense at the hearing and bring proof of what you paid and when you paid.

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  • How long does it take an avvo attorney to respond to a person who submitted a question on their website?

    Answer: I've been waiting for almost two weeks since I've submitted so when I receive a response I should be able to answer that. (12) hours, Really.

    David’s Answer

    Some questions are answered quickly, others are not. The attorneys provide free advice so if you are not happy with how long it takes a volunteer lawyer to give you free advice, hire a local attorney

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