David Jason Merbaum’s Answers

David Jason Merbaum

Alpharetta Construction / Development Lawyer.

Contributor Level 12
  1. What is the cut-off or deadline for filing a Motion to Dismiss a case on the grounds of improper service in Georgia?

    Answered about 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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  2. My house is currently under contract. I close in about 2 weeks. A neighbor just told me a tree on my property is dying.

    Answered over 1 year ago.

    1. David Edward Oles
    2. Scott J. Klosinski
    3. David Jason Merbaum
    3 lawyer answers

    If you filled out a disclosure statement you may have an obligation to update it if you now have new information. However, the buyer also needs to do its own investigation of the new home and property and if the dead tree is obvious then there may not be an issue. However it sounds like a layman would not be able to see that the tree is dying. If you are concerned that the tree may fall on the house later or is an expensive tree or the new buyer may have an expense to remove it later that they...

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  3. My landlord is refusing to return my deposit to me.

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    If it is not returned, file suit in small claims court, under some circumstances you may get 3x the amount plus attorney fees. Here is the code section. Whether you get 3x damages depends on the facts § 44-7-35. Remedies for landlord's noncompliance with article (a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in...

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  4. What if my husband gave me a STD

    Answered over 1 year ago.

    1. Donald F. Hawbaker
    2. David Jason Merbaum
    3. Peggy Margaret Raddatz
    4. Glen Edward Ashman
    5. Jean O'Neil Supnick
    5 lawyer answers

    You might also have a case for negligence or battery. There have been other reported cases in other states where one spouse sued the other one for this exact claim. You should consider all of your legal claims, including divorce.

    1 lawyer agreed with this answer

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  5. I need to speak to a tenant landlord attorney.

    Answered over 1 year ago.

    1. David Jason Merbaum
    1 lawyer answer

    put the landlord on written notice ASAP and call the local board of health. You are entitled to quiet enjoyment and certainly this fails in that regard. you could claim constructive eviction and most likely not have to pay any more rent or suffer any consequences. However, just to be safe, send the notice and call the board of health to create a record

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  6. Who is responsible for paying for damage to a condo unit in a high rise building when the fault is that of another condo owner ?

    Answered almost 2 years ago.

    1. Randall M. Lipshutz
    2. David Jason Merbaum
    3. David B Pittman
    3 lawyer answers

    You need to look at your bylaws and there is usually a process and procedure to follow if you have a grievance and sometimes its pretty short and usually quite specific - You may also have recourse against the neighbor for negligence and you may have a claim under your own insurance policy. Look at all your options.

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  7. If and when can a bank garnish wages and bank for a mortgage loan?

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Scott Benjamin Riddle
    3. David Jason Merbaum
    4. Ryan Thomas Strickland
    5. Diane L Drain
    6. ···
    6 lawyer answers

    Before any bank can garnish, they have to get a judgment and the earliest any judgment can be entered is 45 days because you get 15 days grace period. Moreover, often times the court will require a hearing on damages. If you have a loan with the bank, the bank may have the right to offset any money in your accounts if you are in default of the loan without even having to sue. I suggest you file an insurance claim for the damage to the house, hire an attorney to answer the lawsuit and get all of...

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  8. What would have happened if I did not show up for civil (eviction) hearing today and the plaintiff did not show?

    Answered almost 2 years ago.

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

    Usually if no one shows up the judge will dismiss the case.

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  9. Do I have a legal claim if my landlord is negligent?

    Answered almost 2 years ago.

    1. David Jason Merbaum
    2. Ikemesit Amajak Eyo
    3. Carmine John Giardino
    3 lawyer answers

    Initially, you cannot stop payment of rent. You can utilize what is called repair and deduct. If you can show that you have give the Landlord opportunities to fix the issue and they have not, you can fix the problem yourself (hire someone), and submit the receipt plus the balance of the rent due for that month (assuming you can afford the fix and its not too expensive). You can sue for breach of the lease as well as another option. Leaving and claiming that the property is untenable is a very...

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  10. Some debts have gone to collection agencies, should I pay the original creditor or them?

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Dorothy G Bunce
    3. Kris K. Skaar
    4. David Jason Merbaum
    5. Seyed Abbas Kazerounian
    5 lawyer answers

    If you want to settle the debts, i would get proof that the party that wants the money actually owns the debt so you do not have someone else come back later and try to collect. You can either ask for written documentation of the debt ownership or get an indemnity agreement from the party you pay that they will indemnify you in the event someone else comes after you for the same debt. You can ask for the creditor to remove the item but they may not do that or want to do that. I

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