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David Merbaum’s Answers

338 total


  • I have a writ of possession for my property, but the case was appealed, can I still use the writ?

    I have property that I did seller-lending with. The buyer defaulted on the security agreement 2 years later, and I foreclosed on the house. The person refused to leave, so I had the magistrate court issue me a writ of possession. I went to the he...

    David’s Answer

    No, if there is an appeal you cannot execute the writ. However, I do not think you can appeal a default on these cases and also if the appeal is somehow proper you can file a motion to compel payment of rent so that while the appeal is pending money goes into the court. If they do not pay the money in, then you can execute the writ. See an attorney

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  • I rent an office in a larger office building and I am prohibited from disclosing the amount of rent I pay to anyone that asks.

    I read my lease and I did not see any language prohibiting the disclosure to any other person or party.

    David’s Answer

    If there is not a provision in the lease or the rules and regulations that are incorporated into the lease agreement I cannot see why you could not disclose the rent that you pay. A careful review of the lease and documents would be in order however.

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  • In Georgia, how does an HOA that placed a lien against property owner collect dues if the tenants are not moving at all.

    HOA has updated liens every 7 yrs and tenant refuses to pay yearly dues. Can we sue on the lien without doing a foreclosure?

    David’s Answer

    yes and you can probably get attorney fees as well. You do not have to foreclose to collect the debt. There are certain notices that must be provided if you want to get the attorney fees however so see an attorney if you want assistance in collecting

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  • My complex charged me 600.00 for damage to a gate, but won't give me the bill or invoice.can I take them to small claims court.

    I hit the front gate coming through the entrance, I'm willing to pay but they just gave me a figure and refuse to show me a bill.

    David’s Answer

    You have no reason to sue, they want money from you. The issue is whether they seek to dispossess you if you do not pay claiming breach of the lease. Until I see the bill I would not pay either.

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  • Need help with homeowners insurance claim.

    I had a vandalism in the house. The insurance company denied my claim. Need help to dispute this decision. Dekalb county.

    David’s Answer

    Get an attorney to assist. Read the policy so you know your deadline to file a lawsuit as there are usually limits in the policy. Get all your documents in a row to present to the attorney including the reason the insurance company denied the claim. If you gave a sworn statement, get a copy of the transcript. You do not have to get an attorney in Dekalb to assist, as any attorney that handles these claims can assist. Good Luck

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  • A security deposit is showing on original lease but it is not showing on new lease renewal. Should it be appear on renewed lease

    Because I have an issue with this aspect of the lease my rent payment has been returned with threat of eviction

    David’s Answer

    Ask the Landlord about your security deposit and where it went. It should appear on the new lease. If the Landlord is threatening eviction over this, something seems very wrong. See an Landlord Tenant attorney to at least call the Landlord on your behalf to figure out what is going on.

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

    no revival has been made. can different attorney file garmishment on judgement. also defendant has been laid off from part time. what happens next. can garnishment be filed on dormant judgement without revival? if considering bankruptcy ch 7, ...

    David’s Answer

    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 bought it for pennies on the dollar you would be surprised how little they might take to get a settlement

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  • Eviction Debt

    I was evicted a few years ago and the company sent me a letter to collect the debt. Their letter say I owe a little over $3800 but when they sued me for eviction the judgement says, "MMT---JGMT IN THE AMOUNT OF $730.01, CC 51.50, WRIT TO ISSUE 12/...

    David’s Answer

    It depends on what happened the first time in court. Its possible they sued for possession and the money that was due at the time of the eviction. Now, they may be claiming rent for the balance of the lease if the property was not re-let for the balance of the term. I would write back to the company and ask for verification of the debt and ask specifically how they arrived at their claim. Do not pay anything until you are certain of what you owe and see an attorney. People can demand anything, but it does not mean they are right, that they are entitled to it or they have a right to seek such money. I would also want to know if you were personally served with the first lawsuit or if you filed an answer because if the answer is NO, then there is no way they could have obtained a money judgment against you. See an attorney

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  • Is the contractor liable for the damages?

    Hi, I just had remodel done and the hot water line broke and flooded 3 levels of the home. The contractor is the one who put in the lines. So is he liable?

    David’s Answer

    It would appear that if you can show that the contractor did not install the water line properly he should be liable. I would send a demand letter and hopefully he has insurance to cover this. If he does not reply, you can always make a claim on your insurance and if you get paid, your insurance company will go after his insurance company for reimbursement.

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  • Who owns the deed to my house if my home loan was turned over to a debt collector?

    We fell behind on our mortgage and the bank would not let us make payments. After speaking with the loss mitigation department, and being turned down twice for any kind of way to get back on track, the bank turned my loan over to a debt collector...

    David’s Answer

    One way to tell is to go to the courthouse or get an attorney to assist you and look at the title. There may be a delay between a transfer of ownership and the actual recording of a deed depending on the county, but if its been a while the records should be up to date. The other thing, which is rather straight forward is to ask the debt collector if he owns the loan and to provide proof, because if he intends to sue you, he will have to prove he owns the debt. You may also call the bank and ask them if they sold the note. You would be surprised, they will most likely answer you as they have nothing to hide on this issue

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