Skip to main content
Jonathan Edward Hawkins

Jonathan Hawkins’s Answers

13 total


  • How can I legally change attorney after I have signed a lien and a contract.

    Over 8 wks ago I contacted one of the top rated attorneys in my area. re. auto wreck (my car totaled)-other person at fault. He has all my files-I have no copies. I have very serious knee injury that is going to require surgery and nothing to driv...

    Jonathan’s Answer

    You have a right to fire your attorney and hire a different one.

    See question 
  • Is a subpoena required for me to appear in a deposition?

    I have a former employer and their lawyer trying to depose me against a former customer they are suing. The issue of the lawsuit occurred after I left the company. I remain in the industry and do not want to be part of a customer/competitor lawsui...

    Jonathan’s Answer

    • Selected as best answer

    In Georgia, if you are not a party and you do not voluntarily agree to be deposed, a subpoena is required to force you to the deposition. In addition, a witness fee and mileage costs must be paid prior to your attendance. If those things are properly served on you, you must attend the deposition or else face possible repercussions by the Court.

    See question 
  • Can I serve a subpoena for a deposition to the defendant, via fedex? Do I have to pay for appearance fee?

    northern district court of Atlanta

    Jonathan’s Answer

    • Selected as best answer

    A subpoena is typically not required to depose a "party.". A deposition notice is usually sufficient. And appearance fees do not have to be paid to the opposing party, though court reporter appearance fees will have to be paid. Deposition notices may be served by hand delivery or US Mail, but a certificate of service is required. The safe approach would be to mail and fedex the same day.

    See question 
  • Can I be sued for my car repair shop that was closed 1.5 years ago?

    Customer wanted me to do a motor swap. Completed the swap in March 2010, customer took car and was happy with it. I gave him 6 months warranty. We closed the car shop in May, 2010. Now customer is complaining that the car is not running good, t...

    Jonathan’s Answer

    What do you mean by "you"? Was your business a corporation or an LLC or some other type of entity or was it you individually? The answer will help determine who they may be able to maintain a lawsuit against

    See question 
  • What can I do in a civil case filed in Superior court in Georgia?

    I wasn't aware that if you were a corporation (myself) you had to have an attorney file the answers instead of myself. I filed the answers along with a motion to compel arbitration and a motion to stay due to the fact they left out exhibit 1 that ...

    Jonathan’s Answer

    What options are available depend on things like when the answer was due and how much time has passed. There may be other possible ways to respond but without knowing the details, it is impossible to make that determination. You need to consult with an attorney ASAP because with each day that passes your options continue to dwindle.

    See question 
  • Can a company get away without paying overtime in Georgia if their home office is in Wisconsin?

    i worked in a warehouse for a year with a company that didnt pay overtime. i was an hourly employee/supervisor, and they demanded 50 plus hours a week from me. the company also refused to pay hourly forklift drivers overtime as they too worked 50 ...

    Jonathan’s Answer

    If an employee is not "exempt", then an employer is required to pay overtime no matter where they are headquartered. Even foreign companies must comply with U.S. laws for their U.S. Operations. You should consult an attorney to further explore your possible claims.

    See question 
  • N a lawsuit w multiple defendants, how do you frame a consent judgment regarding one of the defendants w/o inj other defendants

    this is a collection suit against a medical group. one of the principals of the group wants to enter into a consent judgment but does not want to harm the other defendants.

    Jonathan’s Answer

    Not sure exactly what you mean by not injuring the other defendants, but any individual defendant can enter into a consent judgment with a plaintiff. Another possibility is to enter into a settlement agreement which includes a dismissal of the sole defendant. If the only defendant is the medical group and there is a disagreement among the principals as to how to resolve the action as to the group, typically you would look to the operating agreement (or similar type document) to see how such disagreements are to be resolved.

    See question 
  • The courts recently extended my discovery period; do I have to resend the Interrogatories? I had previously sent them.

    I had sent them before but the discovery period had ended and the defendant refuse because the time had expired.

    Jonathan’s Answer

    Possibly, but without knowing the facts on the ground, I cannot give a definite answer. First, I would look at the Order extending the discovery period to see if it discusses the issue. If not and if the discovery period has been extended longer than 30 days, then the safest course would be to resend them. You must be sure to include a certificate of service, which states the date they are sent and the method of sending, i.e., mail or hand delivery.

    See question 
  • Is there a hearing after a motion for summary judgement is filed or does the judge makes decision without a hearing

    Superior court discrimination case.

    Jonathan’s Answer

    It depends. In Georgia, a party has a right to request a hearing when a motion for summary judgment has been filed. If no party has formally requested a hearing, a judge may or may not actually hold a hearing.

    See question 
  • Are inside advertising sales people who are paid reasonable basics and high commission exempt or non exempt

    I am paid 40000 a year plus commission and in a good year will earn 100000 canister still claim overtime?

    Jonathan’s Answer

    If you spend most of your time in the office, it will likely come down to what your job duties are on a regular basis. Without knowing that, it is difficult to determine whether you are exempt or not.

    See question