Thomas Richelo’s Answers

Thomas Richelo

Atlanta Construction / Development Lawyer.

Contributor Level 14
  1. Could I be excused from being supeoned as a witness if I am disabled with Schizoaffective disorder ?

    Answered over 1 year ago.

    1. Thomas Richelo
    2. Ashley Anne Digiulio
    2 lawyer answers

    If you have an actual diagnosis, then why not tell this information to the party that subpoenaed you? After they know your mental condition, they may very well not want you to testify. If they voluntarily agree to release you from the subpoena, then you wouldn't need a lawyer. Good luck and sorry to hear about your condition. I hope you have it under control.

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  2. Can I sue a salon for a manicure that resulted in cellulitis?

    Answered 8 months ago.

    1. Thomas Richelo
    2. Arthur Bryan Baer
    3. John Michael Phillips
    4. Jeffrey Mark Adams
    5. Christian K. Lassen II
    5 lawyer answers

    Whether you could succeed in a personal injury lawsuit would require being able to (1) prove the manicurist was negligent; (2) prove that the injury or condition was caused by the manicure; and (3) prove that you were damaged by that. I know you've had a lot of pain but you need to play this out. If it cures up in a few days then most likely it would not be worthwhile to sue, because your damages would be minimal. As a general rule (only a guideline, not always the case) such cases get...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Does a Florida construction lien apply to the property in other state?

    Answered 8 months ago.

    1. Thomas Richelo
    2. R. Russell O'Rourke
    3. Charles R Smith
    4. Gary Ralph Ilmanen
    4 lawyer answers

    This situation is actually rather common. The Florida contractor is trying to do his own legal work and does not understand that lien laws are state-specific. However, he may very well figure that out. If he looks into how to file a lien in Georgia, he should also be able to find a lien filing service that knows how to do it correctly. The other answers are correct that he can't file a lien in Florida; that Georgia procedure does not follow the Florida statute; that a lien would have to...

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  4. How do i get exgirlfreind to move out of my house without evicting her , she pays no rent or anything and refuse to leave ! i ev

    Answered 10 months ago.

    1. Thomas Richelo
    1 lawyer answer

    This is as much a relationship problem as a legal problem, and the personal relationship is what has complicated the legal one. You may have to start the eviction process again. Perhaps first, though, talk to her and see if she will agree to move out after a reasonable time to find another place. If not, go through with the eviction. Remember, it was you who let her back in. What can you do to her to make her leave for good? You don't have to do anything to her; you have to do...

    3 lawyers agreed with this answer

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  5. What are the legal remedies for construction workers injured on the job when the project manager ignored safety concerns?

    Answered over 1 year ago.

    1. Jeffrey Ira Schwimmer
    2. Thomas Richelo
    3. Herbert J Tan
    4. Robert K. Erlanger
    5. Marc A Sherman
    5 lawyer answers

    You have two good answers already. From your question, it is not clear that you are an injured worker but that seems to be the reason for the question being posed. Since that would definitely call for hiring an attorney, I'll point out the areas of law you want him or her to be competent in. These are construction law in general, so your lawyer has an understanding of what happens on projects; safety law, whether under OSHA or the applicable state agency; and worker's compensation law. The...

    5 lawyers agreed with this answer

  6. Have you heard of investors offering to purchase your house. Then sends a payment to you until the house is sold?

    Answered 6 months ago.

    1. Thomas Richelo
    2. Robert G. Rothstein
    3. Gary Ralph Ilmanen
    3 lawyer answers

    This could be some sort of con, or it could be a legitimate investment approach. The fact that it is "unusual" doesn't dictate if it's legit or not. The sale of real estate in Georgia has to be accompanied by a written and signed contract. You need to show this contract to an attorney immediately. I also agree if you have already received a check, don't deposit it until you resolve what this investor is offering and whether it's a deal you want to go forward. If it is, then some...

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  7. How to retrieve any items from my parent estate who's now deceased?

    Answered 11 months ago.

    1. Thomas Richelo
    2. Drew Norman Early
    3. Glen Edward Ashman
    4. Robert Michael Goldberg
    4 lawyer answers

    One of the first questions is whether there is a will. The answer to that will determine if someone was named as "executor", who should then administer the estate, or if no will, then someone needs to be appointed as "administrator" and will have the same duties. Estates can be complicated and involve substantial assets and responsibilities. I recommend you find at estates lawyer by using the Find a Lawyer feature on this site. Good luck.

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  8. GEORGIA - effect of OCGA -18-4-91 (default) upon a garnishee.

    Answered 11 months ago.

    1. Thomas Richelo
    2. Christine B. Adams
    3. Brett D Weiss
    3 lawyer answers

    That's a pretty meaningful quote from Oxmoor; it also follows that the plaintiff can't vary the terms of a statute, either. You are correct that 18-4-91 states that the cured-default liability of the garnishee is $50 plus 100% of the debt to the defendant; and that in the case of wage garnishments it says "minus statutory exemptions." But then you add your own terms: 'i.e., withholding taxes, etc." Now, where did you get the idea that's what "statutory exemptions" means? In fact,...

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  9. Standing before a judge, how do I properly state that I would like to continue the case until I've made my final payment?

    Answered about 1 year ago.

    1. Thomas Richelo
    2. Jeremy E. White
    2 lawyer answers

    A consent order, signed by both parties, is something that the creditor can file with the court and get an "order" because you consented to it. If that settles the case, then it doesn't make sense that you should get a continuance. You can ask for one, but the judge has a duty to try cases that haven't been settled or enter an order on those that have been settled. Your situation is that you signed an agreement and then realized you would have been better off with some different terms. You...

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  10. My original prenuptial agreement was drawn up without schedule B. Can it still be considered valid in court?

    Answered over 1 year ago.

    1. Thomas Richelo
    2. Glen Edward Ashman
    2 lawyer answers

    Now, this is a different question: There never was a schedule B. In that case, you have a prenup that doesn't cover everything that it should have. Well, Mr. Ashman is still right that some competent lawyer needs to assess the situation based on what you DO have.

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