Kevin Joseph Pratt’s Answers

Kevin Joseph Pratt

Suwanee Bankruptcy Attorney.

Contributor Level 8
  1. Not sure what kind of lawyer I need.my brother recently passed executor over mother stole her money basically.

    Answered about 1 year ago.

    1. Kevin Joseph Pratt
    2. Erik John Broel
    3. Celia R Reed
    4. Carl Gordon Schluter
    4 lawyer answers

    From your question it appears your mother has a claim against your brother and his wife for breach of fiduciary duty. Since it seems the fiduciary duty comes out of an executor position, there must have been a probate case established. Therefore, you need a probate attorney or an attorney familure with the probate process to evaluate the situation. The question for you, is whether someone has been appointed gaurdian over your mothers finances? If that is you brother, you have to challenge...

    6 lawyers agreed with this answer

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  2. Can I receive a speeding ticket from a city police officer when the speeding occurred outside his jurisdiction?

    Answered about 1 year ago.

    1. David Michael Lawler
    2. Kevin Joseph Pratt
    3. James Lawrence Yeargan Jr.
    4. Michael R Crosner
    4 lawyer answers

    Yes he of she can give you a ticket. The admissablity of the results from the radar or laser can be challenged on jurisdictional grounds. If you slowed down prior to entering into his jurisdiction challenging the admissability of the redar or laser results might help. However, in Georgia the courts have held that the officers estimation of speed is admissable as evidence in a speeding ticket case. Crazy, I know. But it is allowed. The officer will likely say you were speeding as you...

    4 lawyers agreed with this answer

  3. Should I start my name change process now or wait 'til my shoplifting case is dimissed

    Answered about 1 year ago.

    1. Kevin Joseph Pratt
    2. Mark J. Issa
    3. David Edward Boyle
    3 lawyer answers

    The other answers are correct. You should wait. Not because of the diversion, but because of the expungment. The documents for expungement will have to be signed and it will complicate things to have to use a different name. Good Luck

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  4. During motion 2 suppress witness & officer account differs will a attorney win if 7 cop cars say they don't have dash cam video?

    Answered about 1 year ago.

    1. Ian Zimmerman
    2. Noah Howard Pines
    3. Kirby Clements Jr.
    4. Kevin Joseph Pratt
    5. John Arnold Steakley
    5 lawyer answers

    The question is whether they had probable cause to search the vehicle. If the dogs alerted to drugs, that is probable cause. The next question was there a reasonable delay in getting the dogs to the scene. The fact that there are no cameras when there should have been will only go the credibility.

    3 lawyers agreed with this answer

  5. Can a HOA put a lien on our house.

    Answered 8 months ago.

    1. Kevin Joseph Pratt
    2. Randall M. Lipshutz
    3. Glen Edward Ashman
    4. Golnar Sargeant
    4 lawyer answers

    The statute of limitations for an HOA violation is 4 years. Although, I have Defended HOA cases in which the covenants and restrictions were found invalid, it is rare. You should ask for a copy of the covenants and restrictions and verify that your property is included. Yes, you may need an attorney for this. Otherwise, you can simply correct the claimed violation and avoid the possibility of being fined by the HOA. The Georgia Supreme Court has already held that a fine of $25.00 per day...

    2 lawyers agreed with this answer

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  6. I was arrested but no charges were filed, will it show up on a background check?

    Answered about 1 year ago.

    1. Mark J. Issa
    2. Benjamin David Goldberg
    3. Kevin Joseph Pratt
    4. John Arnold Steakley
    4 lawyer answers

    The tickets are the charging documents. You were charged with the offenses on the tickets. Yes the arrest will likely show up on a background check unless it was a very small police department that arrested you.

    2 lawyers agreed with this answer

  7. Can claim my community ?

    Answered about 1 year ago.

    1. Kevin Joseph Pratt
    2. Susan Schmeidler Blum
    3. Michael J Corbin
    3 lawyer answers

    Your question leaves room for a lot of questions. It seems you may be getting billed by the community association of a multifamily building for your electricity bill. They should not be able to do that unless they provide a separate meter for electricity use. You need to put your complaint in a certified letter to put them on notice that there is a problem with the electricity bill. Also, talk to your neighbors and ask them if they have noticed any difference. If there are any vacant units...

    2 lawyers agreed with this answer

  8. How do I compute Post Judgment Interest when the contract shows an APR, but operationally it is Simple Interest?

    Answered about 1 year ago.

    1. Kevin Joseph Pratt
    2. Ainsworth G. Dudley Jr.
    2 lawyer answers

    Interest on a judgment is determined by statute to be 3% over the prime rate on the day of the judgment, UNLESS, there was a contractual interest rate and it is made a part of the judgment. Post Judgment interest is computed only on the principal amount of the judgment and prejudgment interest, but not including costs or attorneys fees. Again, unless the Judgment from the Court groups the entire judgment amount (principal, interest and attorneys fees) into a single number and the Defendant...

    2 lawyers agreed with this answer

  9. Any ideas to defeat a garnishment v. LLC?

    Answered about 1 year ago.

    1. Glen Edward Ashman
    2. Kevin Joseph Pratt
    3. Kenneth Ronald Smith
    4. Frank Anthony Natoli
    5. David Jay Sternberg
    6. ···
    6 lawyer answers

    To challenge a garnishment you must file a traverse challenging the existence of the judgment or the amount claimed due on the judgment. It is unclear what you mean by garnishment of the member operator of an LLC.

    2 lawyers agreed with this answer

  10. Should I go to the police after getting blackmailed?

    Answered 12 months ago.

    1. Kevin Joseph Pratt
    1 lawyer answer

    Not a crime to pay the extortion money. It could be used against you as a sign of guilt. As far as him trying to get more money, it seems apparent that the people actually know how to get in touch with you. If they did not call the police immediately then they are less likely to be believed. I just finished a case where a male patron in a restaurant said he was offended and his wife was offended because the waitress put her hand on his back while taking the orders from the table. The...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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