Auden Lewis Grumet's Answers

Auden Lewis Grumet
Atlanta Real Estate Attorney.
Contributor Level 6

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Attorney answers:

  1. Auden Lewis Grumet
  2. Margery Ellen Golant

My wages are being garnished what are my rights

Asked by a user in Atlanta, GA - over 3 years ago.

I'm not sure I fully understand your question, but it sounds like there was a Judgment [Court Order] issued against (or entered into by consent) you - basically the only means of obtaining an enforceable [Post-Judgment] Garnishment - and you want to know if the amount of the Judgment [and in turn, the Garnishment] must be identical to the amount of the alleged debt as reflected in your Consumer Credit Report. If my understanding is basically correct, I would note the following (generally...

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Attorney answers:

  1. Auden Lewis Grumet
  2. Jeena R. Belil

Moving company is adding additional fees and costs that were not originally negotiated, what are my rights

Asked by a user in Atlanta, GA - over 3 years ago.

With respect to interstate moving carriers [as opposed to intrastate carriers - i.e. from one point to another, entirely within the same state], your rights and remedies as a consumer and "shipper" of goods are severely limited by a Federal statute known as the Carmack Amendment [to the Interstate Commerce Act; 49 U.S.C ยง101 et. seq.]. Therefore, as is reflected in Rosenthal v. United Van Lines et al., 174 F.Supp.2d 1331 (ND GA, 2001), one of my reported cases on this precise issue [in other...

1

Attorney answers:

  1. Auden Lewis Grumet

My wages are being garnish by a finance company.

Asked by a user in Atlanta, GA - over 3 years ago.

I'm not sure I fully understand your question, but it sounds like there was a Judgment [Court Order] issued against (or entered into by consent) you - basically the only means of obtaining an enforceable [Post-Judgment] Garnishment - and you want to know if the amount of the Judgment [and in turn, the Garnishment] must be identical to the amount of the alleged debt as reflected in your Consumer Credit Report. If my understanding is basically correct, I would note the following (generally...

2

Attorney answers:

  1. Auden Lewis Grumet

What can a former tenant due to compel landlord to return rent overpayment

Asked by a user in Santa Cruz, CA - over 3 years ago.

As a quick follow-up to my previous response, it is also important to note the "Voluntary Payment Doctrine" [which again, like the vast majority of legal issues, is state law dependent], which generally holds that payments made by "mistake" [it gets very tricky and convoluted when you must distinguish between mistakes of law, fact, etc.] are not recoverable. And as with virtually any statute or legal principle, there are plenty of exceptions, and often the exceptions to a rule overshadow it....

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Attorney answers:

  1. Auden Lewis Grumet

What can a former tenant due to compel landlord to return rent overpayment

Asked by a user in Santa Cruz, CA - over 3 years ago.

A thoroughly accurate answer depends significantly as to what state the property is in [and I realize you are in CA]. With that said, however, Georgia law requires most residential landlords (there are exceptions for those who own only a few units) to do a number of things both upon move-in and move-out, the failure to do any of which may [and usually will] result in the landlord's obligation to return the Security Deposit, among other ramifications. Below I have included an excerpt from a...

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Attorney answers:

  1. Auden Lewis Grumet

Can i pay a out of town ticket in the conty i live?

Asked by a user in London, KY - over 3 years ago.

It's entirely dependent upon the jurisdiction [e.g. state, county, etc.] in which your matter is pending, among other things. So first and foremost, you need to provide all basic background information, including the location(s) of your residence and the [alleged] offense. Auden L. Grumet, Esq. The Law Office of Auden L. Grumet, LLC

Please call or email (auden@atlantalawyer.org) for free brief consultation!

770-458-3845