Thomas Richelo’s Answers

Thomas Richelo

Atlanta Construction / Development Lawyer.

Contributor Level 14
  1. I am in a written rent-to-own agreement in GA. How much addition/modification of terms will a judge allow in court?

    Answered 4 months ago.

    1. Thomas Richelo
    2. Gary Ralph Ilmanen
    3. Pearlette Vivian Toussant
    3 lawyer answers

    Strictly speaking, the judge won't allow "him" to "add" any terms. But what you seem to be thinking of is when a written contract leaves some terms unstated, the law will sometimes imply terms into the agreement to make it complete. Thus, if a contract says A will buy something from B for $X, and it doesn't say when payment is due, the law will imply a "reasonable" time limit for payment. Your situation seems pretty serious since it involves a house that, I infer, you have invested in...

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  2. My foreclosure date is 5/2/14 . I started Chap. 13 , only need to sign and file , but I also file a law suit / and Lis Penden

    Answered 4 months ago.

    1. Richard D. Granvold
    2. Thomas Richelo
    3. Scott Benjamin Riddle
    4. Glen Edward Ashman
    5. Robert A. Stumpf
    6. ···
    6 lawyer answers

    You need a Georgia bankruptcy attorney who also knows a little Georgia real estate law. Georgia is NOT a judicial foreclosure state; the lender likely has "power of sale" documents and no judgment is needed. The requirements are in the nature of notice and advertising. You can buy some time with a chapter 13 filing if you meet eligibility requirements, but you said you have not paid for a year. At some point, the lender is going to be entitled to payment or will be allowed to...

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    1 person marked this answer as helpful

  3. How does the setting aside of a judgment effect the disposition of a case?

    Answered 7 months ago.

    1. Thomas Richelo
    2. Michael Shane Welsh
    3. Glen Edward Ashman
    3 lawyer answers

    Setting aside judgments is rare in all types of cases. You are correct, also, that if the judgment were set aside, absent any other action being taken, then the case would be pending in Fulton County still. "Disposition" means "outcome", and implies the final result, so there would be no "disposition" yet. I interpret your question to ask what happens next. If you want to dismiss that would have to be a separate motion, but you would have to have grounds to dismiss. This is getting...

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  4. Is this legal? My landlord sent me a letter, 7 day notice to cure non-compliance stating that my unit is causing a disturbance

    Answered 8 months ago.

    1. Thomas Richelo
    2. Cheryl Rivera Smith
    3. Charles R Smith
    3 lawyer answers

    This is the sort of problem that probably can be solved with a little bit of effort. Yes, write to management and sent it certified mail. Tell them the noisemaker (assuming there really is one) is not a guest of yours but that you will be listening for the next time it happens. If it does, someone should identify the license plate. Management can ask generally whose guest that was and ask that they refrain from making noise. (I'm assuming this has been a recurring problem otherwise no...

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  5. Do I need to contact a med malpractice lawyer? I was diagnosed last week with a preferated colon. It was at a colonic irrigati

    Answered 11 months ago.

    1. Thomas Richelo
    2. Todd Nathan Hendrickson
    3. Christian K. Lassen II
    4. Aaron P. Marks
    5. David Ian Schoen
    5 lawyer answers

    First: I know someone who died from colonic perforation as a result of a tummy tuck. Make absolutely sure you are getting the care you need to assure that condition has been remedied. The perforation results in the digestive juices from the colon getting into the abdominal cavity and they begin to digest your organs. Sorry to be graphic, but I want you to understand how serious the condition is. A medical malpractice case depends on being able to show the health care provider committed...

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  6. Is a contract valid without a signature?

    Answered 6 months ago.

    1. Thomas Richelo
    2. Bill W. Crecelius Jr.
    3. Peter Edward Morgan
    3 lawyer answers

    Because you saw the contract, and initialed certain places but declined to sign, there is evidence both for and against the existence of a contract. In general, oral contracts (or unsigned written contracts) can be enforceable or not, depending on a number of circumstances. It sounds to me like you are saying the house you ended up buying was not the result of his efforts. That may be a good defense, depending on what the contract says and what his alleged evidence is that you agreed to...

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  7. Is it worth it to file a mechanic's lien or material men lien? Does this lien have to be filed yearly?

    Answered over 1 year ago.

    1. Thomas Richelo
    2. Scott G Wolfe JR
    3. Michael L. Chapman
    3 lawyer answers

    You already have two excellent answers that I agree with, so I'll try to add something that didn't cover. As a long term consideration, if you have never filed a lien before or had someone file one for you, this could be a good experience. You can learn the details of filing and perfecting the lien, and and be ready the next time you need one filed. I often advise clients, "The threat can be more powerful than the doing." That is, the threat of a lien [if the owner fears one] may get...

    5 lawyers agreed with this answer

  8. My b/f was an authorised user on a credit card I gave him. He got cash off the card and then broke up with me. Can I sue him?

    Answered 3 months ago.

    1. Thomas Richelo
    2. Drew Norman Early
    3. Ashley Anne Digiulio
    3 lawyer answers

    Based on just the facts you have put here, the answer seems to be No. You haven't stated that he breached any agreement with you. In fact you said he was an authorized user. And he made an authorized use. There might be some exceptions to that general rule and I would recommend you speak with a local attorney. But to me it seems you have just paid the breakup fee and it's $2,500 tuition in the school of hard knocks. Don't trust a boyfriend like this again. If he's not financially...

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  9. Can I be evicted from my apartment complex, because I took my smoke detectors down to replace the batteries!!!

    Answered 11 months ago.

    1. Thomas Richelo
    2. Cheryl Rivera Smith
    2 lawyer answers

    If this eviction is really over burnt hotdogs and a single smoke incident I suspect you can reason with the landlord and avoid eviction. If they really want you out, there is probably some other reason. Yes, look at your lease. I'm not sure I understand what you are saying about the smoke detectors, because when I take mine down to replace batteries they are back in place in two minutes. You just have to buy the batteries in advance.

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  10. Employer wants to settle but I am unsure of what amount to ask for after first offer rejected.

    Answered about 1 year ago.

    1. Thomas Richelo
    2. Scott Benjamin Riddle
    3. Christine C McCall
    3 lawyer answers

    I assume from your scenario that you are not willing to accept the $3,500. Your options are to negotiate further yourself or hire an attorney to assist with that. An attorney on your side shows the employer that you are willing to bring suit if a satisfactory settlement is not reached. If you would like you can contact me about this. I may be able to help you or find another attorney who can. Under the circumstances, it seems that an attorneys' assistance would be worthwhile.

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