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David Mark Kupsky

David Kupsky’s Answers

114 total


  • I found a marijuana pipe and weed buds in the room of the tenant living in my house. Can I call the police on them?

    I smelled an weird odor coming from the room and found a pipe and buds on her dresser.

    David’s Answer

    If you want her out, you must follow the rules with respect to dispossessing her. You lease agreement with her should address some of the issues and non payment will justify dispossession. Regardless of the breach of the lease agreement, you must still file a dispossessory action in court.

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  • What are the penalties for breaking a sublease in Atlanta GA? I have given 60 days notice and I am moving out of state.

    I am subletting with a roommate. She is on the master sub-lease with the person who owns the apartment, and I am on a seperate sublease with me and her. I pay her my portion of the rent and the owner takes the FULL rent amount out of her account....

    David’s Answer

    While your question is seemingly straight forward, it can not be adequately answered without a review of the sublease between you and your roommate.

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  • 400k unaccounted for gross receipts under control of my partners If I ask for restitution instead of criminal is it extortion?

    I was blocked for two years from company financials. I have now legally obtained them and it is clear Hundreds of thousands of dollars were collected and NOT deposited into our accounts. Company credit card used for 20k in personal expenses. Ba...

    David’s Answer

    You need to communicate with and seek advice from your own attorney. The allegiance of the company attorney is to the company. That interest now conflicts with your interests. There are a large number of issues in play here and you should not try to handle this without counsel. I'd be happy to speak with you about this.

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  • Can I file a complaint against a doctor if I have a open worker's comp claim?

    I was told that just because I may have a misdiagnosis doesn't mean I have a malpractice case unless I suffered permanent damage. According to the state of Georgia's Patient's Bill of Rights, I do have a right to complain to the medical board. I w...

    David’s Answer

    The fact of a misdiagnosis does not necessarily give you a viable medical malpractice claim. Such claims are comprised of a clear deviation from the standard required of the physician and a causal connection to real damages. The existence of a deviation must be established by a medical practitioner in the same area of medicine as the physician who might have been negligent. It would be advisable to speak with an attorney who is well schooled in such matters. I have handled many medical negligence matters and would be happy to speak with you. And, please remember, as with all civil matters, there is an applicable statute of limitations - failure timely pursue your claim within the statutory period will preclude you from successfully bringing the claim.

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  • Does HOA have to disburse payment to a homeowner for a claim that they were paid for?

    My condo flooded. I was pretty certain it was the fault of the HOA for not properly maintaining common area pipes which are their responsibility. They denied it was their fault but filed a claim through the HOA master carrier. I recently found o...

    David’s Answer

    These questions involve the provisions of your declarations and by laws as well as some statutory law. I suggest retaining counsel to review your options for you.

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  • State license pertaining to bars/restaurants.

    Hello, I am opening a bar in Lithonia, Georgia and currently we have the following: FOG, Health, Fire, Permit to sell liquor (county) What I would like to know is what else is required in order to be in regulation and co...

    David’s Answer

    You are entering into a business which has many regulatory and permitting requirements as well as numerous areas where risk are involved. It would be advisable for you to engage an attorney who is versed in business organizations, licensed premises and food purveyance. You have too much at stake to not spend a small amount of $$ to attain quality information and advice.

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  • Can I sue my college and/or dorm leasing company?

    I currently live in a dorm with 3 other students, one of them being an RA. I constantly have problems with unsanitary living conditions, especially in the kitchen. There is constantly moldy food, roaches, piles of dishes & trash all over the floor...

    David’s Answer

    It would be necessary to have an understanding of the contents of whatever the agreement is under which you occupy the premises. Is this a landlord/tenant situation? Is the university really responsible for the acts of other students? Is the RA an agent for the university. All interesting questions.

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  • Can someone appeal a default judgment in Georgia? This is a civil suit.

    I filed a suit against someone who owed me money. They never responded and so I received a default judgment of course in my favor. This is taking place in Savannah, GA and this is a civil suit.

    David’s Answer

    A judgment by default is a final judgment and is appealable. It is also subject to attack by motion to vacate or set aside.

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  • I am 15 days past due on my rent at my shop. I am under no lease agreement. The locks r changed this morning.

    I have cars inside my shop waiting for repair that belong to my customers. I need to get in my shop today! What are my rights

    David’s Answer

    Absent a written lease, which you state does not exist, the landlord did not have the right to lock the doors. It is necessary for obtain a court order to obtain possession of the premises. Beyond getting access via a locksmith, you might have sustained damages from the wrongful act depriving you of access. You do, however, need to be prepared to pay the rent.

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  • Can my lawyer go to court without me present.

    I will appear to the first court hearing. My lawyer will fight my case and keep pushing it as much as he can. Is there any way I do not have to appear throughout the entire process ?

    David’s Answer

    Not all court proceedings require the client to be present. The proceedings requiring your testimony would unless some acceptable substitute for your testimony is made.

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