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Thomas Richelo

Thomas Richelo’s Answers

888 total


  • I have a civil action suit filed against me through magistrate court for a credit card, what are my option?

    The amount of the civil action is 1400 dollars. What can I do once the suit has Bern filed with magistrate court

    Thomas’s Answer

    Find a way to pay it if you owe it. Many, probably most, creditors in small claims court hope the debtor will offer to pay. It is hard to make it worthwhile to schedule the trial, appear, present evidence, etc. You may be able to get them to compromise, perhaps to accept installment payments. You should also want to avoid court and avoid a judgment or additional expense.

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  • Want my live in girlfriend to move out of my house in Georgia.

    Her name is not on the title or loan or any bills. we have lived together for 6 years. What is the legal process to make her move out and does she have any rights to my house or to make me sale it and give her any monies?

    Thomas’s Answer

    Two good answers and no, she doesn't have any rights to your house (unless based on terms you haven't mentioned in your post) and no, she doesn't have any basis to make you pay her money (unless based on facts you haven't mentioned in your post).

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  • I am paying as agreed on a loan from a former friend. She is now demanding I pay the entire loan in full by June 6 or else.

    She used her Home Depot Card to get floors for me . With No Interest for 24 months on the card. I have already paid $100 monthly as agreed directly to her for 8 months. She is now calling all hours and leaving messages on my phone and emailing me ...

    Thomas’s Answer

    Unless there's a written agreement with terms you haven't mentioned, then you don't have a legal question. If you are paying as agreed then you are paying as agreed. It seems you have more of a "Dear Abby" question at this point. I don't say that to trivialize it, just to say it's a relationship issue not a legal one, unless you think she will get violent.

    I'm sure you've heard before what Polonius said to Laertes in Hamlet: "Neither a borrower nor a lender be." Especially between friends, now former friends. You should both learn a lesson from this. Her harassment is how you are learning your lesson; her disappointment is how she will learn hers.

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  • 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?

    Boyfriend of 4 years had been using a credit card I gave him with my permission. I was keeping him up financially for 2 years. He was an authorised user. He never got cash off the card but one day he did get a large amount of cash (2,500) and then...

    Thomas’s Answer

    • Selected as best answer

    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 responsible and independent, you should be able to find someone else. Sorry for your loss but I hope you have terminated the card account or his access.

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  • I lend someone $60,000 6 years ago. contracted with $1200 monthly interest until paid in full. still not paid what can I do?

    verbally agreed to not collect interest,. can I change my mind since he is refusing to pay loan amount?

    Thomas’s Answer

    You also have to be concerned about the statute of limitations. Hopefully and ideally, you have a written and signed contract or promissory note. Then, the time in which you must sue is six years FROM THE DATE OF BREACH. That's important and you haven't stated when exactly the deal was struck or if there were any progress payments. Depending on how your document is written, the time limit for bringing a suit may start when the first payment was missed; so, that could be a little more recent. There are also some exceptions to this, but you need to be in touch with a lawyer who handles contract law and litigation as soon as you can.

    On your specific question about interest, that can also depend on what the agreement says. If your "no interest" term is in some way conditioned on his making the payments, and if the condition is not fulfilled, then you may have rights to legal interest calculated in some fashion. An attorney can look into that issue also.

    One attorney recommended a demand letter but depending on the timing you may need to skip that stage. My hunch would be given the amount of money and the time that you've already made demands. A demand letter may or may not trigger a right to attorneys' fees, depending on what the contract/note says. Under the right circumstances there's a law under which you can get attorneys' fees even without any sort of formal demand sent by a lawyer.
    I have assumed for purposes of this answer that you and the debtor are in Georgia. My references to general principles of law are based on Georgia law. The specifics could vary if the agreement is covered by another state's laws. Georgia is actually a favorable jurisdiction for this.
    In short, get in touch with a contract law/litigation attorney right away. Avvo lets you search by practice area and also provides a rating system that you can consider in making a selection.

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  • I'm being sued over a medical bill!

    I was served papers by a sheriffs deputy. I guess I'm being sued because I owe Covenant Emergency Services $501 and change. It doesn't say what to do so I called the clerk of court. She said I need to file an answer with the court saying whether t...

    Thomas’s Answer

    Contact the company to pay it off, if you can still do that without incurring the court costs and attorneys' fees of the plaintiff as well. You said the debt is legit, so that's the right thing to do.

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  • What form should be used for Contempt for Breach of the Courts order? Please advise.. Thanks so much

    need the correct form

    Thomas’s Answer

    That's not a standard form, that' s a motion that, in order to be properly prepared, should be done by a paid attorney.

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  • I was exposed to asbestos at work. Is there any lawsuit here?

    I was working (commercial electrician) at Atlanta airport remodeling a break area for airport employees. We were on the job for 2 months when the project manager came in out of the blue and told us to move our equipment and cease all work in that ...

    Thomas’s Answer

    Are you talking about the Atlanta airport? The first sections of the current airport opened in 1980. Asbestos hasn't been used in buildings since 1978, I believe. Are you sure the "discovery" was correct?

    Also, you have to show damages and injury. Have you developed an asbestos-related injury? You didn't mention one.

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  • Looking for Pro-Bono Attorney in Douglasville, GA for Property Crime

    I have what should be an easy open and shut case where a man sold us a car, gave us a signed title, and the DMV said the title was no good because a duplicate was ordered. The man then showed up with another title, unsigned, and told us we had to...

    Thomas’s Answer

    First, your case is complicated and not open and shut. Sure, he was dishonest, but there are a lot of details to your case. I don't think you are going to find a pro bono attorney. The first issue is, what can you do if you have possession of a car that you don't have title to. I think you need to clear that up with the DMV. You want to avoid appearing to have been an accomplice to what may have been an auto theft.

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  • Do i have a legitimate case?

    I entered into a contract with a guy to buy used shoes from him. The total cost was $46k, but i paid a deposit of $30k. However, the container was ready, but i wasn't ready to pay the balance right away. So he seized the container at his warehouse...

    Thomas’s Answer

    I'm involved in a case now where a party was paid in advance to provide a container full of used clothing and shoes and did not deliver. Client pursued a refund for a while and then legal action. I wonder if this is the same company. It can often be the case that businesses who receive such large deposits in advance have a temptation to cheat customers. I also wonder if there's a chance the container wasn't actually stolen; perhaps the goods were sold to someone else. You haven't mentioned whether the seller reported the theft and I would assume they knew about it before you. That certainly makes me curious.

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