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Thomas Richelo

Thomas Richelo’s Answers

888 total


  • When is an Answer considered FILED and question about default.

    My company was served with a lawsuit in Magistrate Court of Gwinnett County, GA on March 7, 2014. According to the Uniform Rules for Magistrate Courts of Georgia, we had 30 days to Answer. The opposing attorney is saying we are in default because ...

    Thomas’s Answer

    First, you haven't said what the date of FILING with the court was. It is correct that it had to physically be in the clerk's office by 4/7. You are supposed to serve your answer at the same time but service date does not control.

    This is why people hire attorneys. We know the rules.

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  • Is it possible to sue a hospital in Korea?

    My mom had plastic surgery done at a big popular hospital in Korea last year. She had FaceLift, Nose, and EyebrowLift surgery in May 2013. A week later, we noticed these problems: 1. Her nose septum was crooked. The right nostril was narrow causi...

    Thomas’s Answer

    I'm sorry to hear about your mother's condition. I hope it improves. On you legal question, what matters are far as where to sue and what law applies is where the surgery happened. It makes no difference that your Mom is American, if she went to Korea for the surgery then it's covered by Korean law.
    I know nothing about the Korean legal system so you will need to do research about that system and do it quickly. You need to find a source for conferring with a Korean attorney or law firm. They may have shorter statutes of limitations (if there even is a system for getting relief in a civil case like this), so act quickly. Good luck.

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  • Is this judicial misconduct?

    Judge rules in favor of Plaintiff Motion for Summary Judgment, but at oral hearing tells Defendant Attorney not to file their own Summary Motion until he has time to review Plaintiff's.

    Thomas’s Answer

    I agree with Ms. Digulio. What did your lawyer say?

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  • What is the statute of limitation on a civil case dismissed without prejudice?

    The case was filed on month before the statute of limitation, then was dismissed without prejudice 13 months later. Has the statute of limitation passed to refile the suit/case?

    Thomas’s Answer

    • Selected as best answer

    YOU HAVE TWO PRIOR ANSWERS AND THEY ARE BOTH AS WRONG AS THEY COULD BE! BELOW IS OCGA Section 9-2-61:

    (a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once.
    (b) This Code section shall not apply to contracts for the sale of goods covered by Article 2 of Title 11.
    (c) The provisions of subsection (a) of this Code section granting a privilege of renewal shall apply if an action is discontinued or dismissed without prejudice for lack of subject matter jurisdiction in either a court of this state or a federal court in this state.

    The non-Georgia attorney suggested that there would only be one month left after dismissal. No, if your case fits this statute, as it seems to, you have six months. The Georgia attorney misread your post and where you said the case was dismissed "13 months later" meaning after filing, she mistook you to be saying it had been dismissed 13 months ago.

    So: You most likely have six months from the date of dismissal. I hope this answer is more helpful.

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  • How do I file a complaint in federal court "under seal"?

    Can I mail my papers to the court or do I have to appear in person to do it?

    Thomas’s Answer

    You should speak with an attorney. If you have concerns that would lead you to believe the case should be under seal, those are sufficient concerns to justify speaking with an attorney first.

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  • Can you recommend an attorney near Tampa FL to handle a suit against a subcontractor for violating confidentiality agreement

    sub contractor was hired to serve as our internal project manager over our million dollar client. We paid for all their training and certifications, they communicated with our client thru our company internal email system, while working for us, he...

    Thomas’s Answer

    I may be able to recommend Tampa counsel, but first I wonder why you posted in Atlanta. Are you here in Atlanta? Is the subcontractor here also? If so, then even if the impact or the improper acts occurred in Tampa, you may be able to sue here and that may be a better option. I would have to know more about your potential case to know if it ought to be brought here or in Tampa.

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  • 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

    I live in Ga. I filed a law suit/ and lis penden against my mortgage co. HSBC due to forensic finding in mortg. docs. They tried to foreclose my home Nov. 2013 but didn't .They sold the mortgage instead. I have not made any payment for 1 year. ...

    Thomas’s Answer

    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 foreclose. Chapter 13, if you are eligible, may get you time to try to work something out with the lender, and it's probably a better approach than the lawsuit you filed.

    You likely need to find an attorney you can meet with monday, who can work up a chapter 13 filing, get it filed, and give the lender notice before the end of the day so that foreclosure doesn't occur. I'll be on and off my email account but if you contact me I can give you a couple of referral names. Meanwhile, you might use the Avvo Find a Lawyer feature and try to track down a bankruptcy attorney available over the weekend. Good luck.

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

    I got a manicure last Saturday. Almost immediately, my index finger on my right hand started swelling and throbbing. Monday, I found a doctor and went in with no appointment because it was swollen and hurt so bad - 3 hours. They diagnosed me wi...

    Thomas’s Answer

    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 settled in a majority of instances for somewhere around 3 to 5 times your actual damages (usually just the medical bills); that's if you can prove your case. If your medicals are only a few hundred dollars, the case will likely not be worth enough to interest a personal injury lawyer who might otherwise take it on a contingency fee basis.

    But: If for some reason with proper medical treatment the abscess lingers for a while longer, and if you incur substantially more medical expenses; if you have to miss work and get docked pay; then the case might have greater economic value. At that point, you could consult an attorney who handles personal injury claims.

    Meanwhile, the main thing to focus on is getting proper medical attention and don't ignore an infectious condition. If you think you are not getting adequate medical treatment, consider another doctor. I hope this clears up for you.

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  • What to do after motion to set aside/vacate judgment denied, I am Plaintiff and never received rescheduled hearing notice.

    Contractor didnt complete work on home, was paid up-front. No-showed for three appt's and finally sent me a text saying he would refund me $30 and I need to ' go away'. I sent a registered demand letter which for a full refund which went unclaim...

    Thomas’s Answer

    Your post is not completely clear, but you have a complicated situation. This is what can happen when you act as your own lawyer. If you have already lost on the motion to set aside judgment then you may have lost all the options that an attorney could have pursued on your behalf. Likely, your best course is to find a way to pay the $1500 and consider it tuition paid to the school of hard lessons.

    Had you talked to an attorney before filing suit, you might have won your contract case and you might have been advised not to pursue libel, which is hard to win and rarely worth it.

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  • Tree damaged vehicle on rental property

    I am renting a duplex in Chamblee GA. A tree branch fell on my car and deemed it total loss. Should the landlord's insurance cover such loss? If he refuses to make a claim, is there another option besides going to court?

    Thomas’s Answer

    You should have your own auto insurance. If you make a claim with them and they agree that this loss is covered, then they can fight it out with the landlord, if he's liable; and if he's not, then your insurer would just pay the claim.

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