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Martin Adam Levinson

Martin Levinson’s Answers

4 total

  • How long do I have if I gave a personal loan to someone to sue them for non-payment in the state of Georgia

    How long do I have if I gave a personal loan to someone to sue them for non-payment in the state of Georgia

    Martin’s Answer

    This depends on whether the loan was agreed upon orally or is based on a written agreement. In Georgia, a lawsuit based on an oral contract typically must be filed within four years after the right to sue arises. Suit based on a written contract, however, may be filed within six years. With respect to a suit for money owed, the right to sue typically arises when the (unpaid) payment was due.

    As always, you should consult an attorney and provide him or her with all of the specific details of your case to be sure that you are aware of all of your legal rights and responsibilities, as well as the potential consequences of any action or inaction on your part.

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  • My boyffriend's son to be ex-wife has been calling me and recording conversations. Is this legal? I live in GA, and they in NC

    He is still married to her and she isirrational because he wants to divorce her. She will stop at nothing to make him stay married to her. We are all in the military.

    Martin’s Answer

    If your question is whether there is something inherently illegal about one party to a telephone conversation recording the conversation without the other party's consent, the answer is generally no. A person may record a particular telephone conversation as long as he or she has the consent of at least one of the parties to the conversation -- and that includes the person recording the conversation. What is not permissible is where a third party -- i.e., someone not involved in the conversation at all -- is recording the conversation without the consent of either party to the conversation.

    It seems like you may also be asking about whether your boyfriend's wife can be prevented from calling you. Depending on the nature and frequency of the calls, you may be able to obtain a temporary restraining order, which would prevent her from contacting you. You would need to contact an attorney and provide him or her with all of the specific details, and he or she could help you determine whether this is a viable option.

    As always, please be aware that this response is for informational purposes only, that I am not your attorney, and that you should seek a detailed consultation with an attorney in order to ensure that you fully understand your legal rights and the possible consequences of any action or inaction on your part.

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  • Can a person come after legally if they are injured in a car accident

    What can a person come after legally if they are injured in a car accident?

    Martin’s Answer

    This will depend not only on the law of your state but also the specific terms of any insurance policy held by you and/or the driver(s) of the vehicle(s) involved in the accident. Consult an attorney in your state and provide him or her with all of the details of the injury/accident, such as whether you were driving, who else was involved in the accident, etc., and the attorney will be able to find out such essential information as: (i) which state laws may apply to your situation; (ii) which insurance policies may provide coverage to the injured party; and (iii) the limits of any insurance coverage available.

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  • Filing court papers

    How long do have to reply to a request from a defendent in a court case? They wanted me to sign a release of informtation form to obtain medical records.

    Martin’s Answer

    The time that a litigant has to respond to a particular pleading, motion, or other filing is dependent on the jurisdiction of the court where the suit is filed, and possibly the type of case, as well as the specific type of filing to be responded to.

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