David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. I was hired to finish a clients basement and I want to take the client to small claims court for non-payment.

    Answered almost 2 years ago.

    1. David Jason Merbaum
    1 lawyer answer

    File a materialmans lien if you are within 90 days of your last date of work. Then you can sue in small claims court, but you will have to file a notice of filing suit and the lien and notice are very technical so you should get a lawyer. If you dont want to file a lien, just sue in small claims court. If you win you get a judgment lien on any property owned by the defendant in the county where you record the writ of execution

    2 lawyers agreed with this answer

  2. Tenant in Home that is in foreclosure

    Answered about 2 years ago.

    1. David Jason Merbaum
    1 lawyer answer

    First off, you do not have to leave until they file a disposessory. Next, I would need to know how much time, if any was left on your lease. There is a law that protects tentants in foreclosure under certain circumstances so get with a landlord tenant attorney, tell them the facts and they can tell you how long you can stay and what to argue in reply to a dispossessory

    2 lawyers agreed with this answer

  3. My husband and I are divorcing. We are both on the mortgage. If he quick claim deeds house to me, do I have to refinance it?

    Answered about 2 years ago.

    1. David Jason Merbaum
    2. Paula Jeanette Mcgill
    2 lawyer answers

    If you quitclaim the deed to your spouse that will not effect the obligation on the mortgage and it may in fact trigger a "due on sale" clause making the entire note due now. You need to think out all the steps you are going to take and make sure you consider the effects of what you are doing. Get with an attorney to give you advise.

    2 lawyers agreed with this answer

  4. Landloard refuse to give my deposit back

    Answered about 2 years ago.

    1. David Jason Merbaum
    2. Daliah Brill
    2 lawyer answers

    You should make a demand for it in writing and if you do not get it back, or at least an explanation as to why it has been retained, consider filing suit. You would need to know the basis of the landlords decision to retain the funds and also whether the landlord owns more that 10 units as that will effect your rights to recover. The landlord can retain the funds for past due rent. Unless you know why the landlord held the money, and depending on the amount, you want want to see an attorney or...

    2 lawyers agreed with this answer

  5. In ga, if default judgement was filed in 6/2007. has now gone dormant since 7 yr has past with not been enforced

    Answered 3 months ago.

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

    Yes the judgment can be renewed. You mentioned that there was an initial default judgment. Were you served with the papers originally.. may want to look to see if the judgment is even good. Also, depending on who is collecting it, you may want to negotiate to make this go away. I do not like telling people to file BK just on one debt. If this is your only problem get an attorney to give you a flat fee to make a few calls and settle this debt and move on. If the attorney that owns the debt now...

    1 lawyer agreed with this answer

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  6. Have received a summons, bank note (lot) I cannot pay. I am supposed to admit i am in default

    Answered over 1 year ago.

    1. David Jason Merbaum
    2. William Daniel Davis
    2 lawyer answers

    I agree with the other attorney, but you should get an attorney to help you. An attorney can review the note and the other documents and see if you have any legal defenses and if not at least try to negotiate a settlement for you.

    1 lawyer agreed with this answer

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  7. I signed a 1yr lease. I have 5mths remaining. Rents due one the 1st, I cant pay till the 20th. There threating eviction in 6dys

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    On a residential lease you have the defense of paying the rent that is due and any court fees and late fees (assuming they are enforceable) and its a total defense to the dispo if the dispo is based on non payment of rent. If they have not sued yet, you may want to tell them that even if they do file suit to evict you have a defense so why not take the money now and get this resolved. If they do sue, then file an answer and assert this defense but you need to be prepared to pay the money.

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  8. Hello, I live in Lithonia GA and the eviction process has already started for non payment of rent due to loss of job.

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    Georgia law is very clear and the judge has no discretion to give you any leeway. You defaulted by not paying rent and then failed to answer the complaint. unless you work out something with the landlord, you can be evicted any day now. Borrow money or try to convince your LL to give you a break

    1 lawyer agreed with this answer

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  9. Is a verbal notice to quit tenancy legal in the state of Georgia?

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    A verbal demand for possession is acceptable, but the reason most people do it in writing is for proof at court. However, the bigger issue is whether you have a landlord tenant relationship with the roommate. If your roommate is not on the lease, then maybe they are a subtenant. If your roommate is on the lease, you are co tenants. However, under the latter situation I am not sure a disposessory action will lie as you must have a landlord tenant relation to do a dispo.

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  10. What is the cut-off or deadline for filing a Motion to Dismiss a case on the grounds of improper service in Georgia?

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    Most defendants raise many affirmative defenses even if they do not have merit, just to make sure those defenses are preserved. If I understand your fact pattern there is a Puppies, Inc. and if that is who you served I think you are OK. Since you are still in the discovery phase, send them interrogatories and ask them for all facts so support each affirmative defense. When they answer, you will see for sure if there are facts and then you can correct the issues or if not, you should be good to go.

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