David Guy Carter’s Answers

David Guy Carter

Atlanta Tax Fraud / Tax Evasion Attorney.

Contributor Level 10
  1. How long can defendant postpone the trial in civil litigation?

    Answered almost 3 years ago.

    1. Randall M. Lipshutz
    2. David Guy Carter
    3. Eliz C A Johnson
    3 lawyer answers

    There are many tactics that can be used to delay a trial. Ultimately, the judge has some discretion regarding whether to grant such delays or not. The right to a jury trial is one situation where the judge has no discretion - if defendant is entitled to a jury, the judge must grant that request. It appears that the defendant has now waived that right - meaning that the judge will not be compelled to grant a jury trial again. However, there may be other tactics this defendant may try to use...

    1 lawyer agreed with this answer

  2. Our state civilsuit is stayed, defendant filed Ch7BR How can we assure it is NOT dismissed with prejudice in defendants favor?

    Answered almost 3 years ago.

    1. David Guy Carter
    1 lawyer answer

    Generally, a bankruptcy filing erases claims that existed at the time the bankruptcy was filed. There are, however, certain claims that can survive bankruptcy - for example, charges of fraud. If you do nothing, your claims will be dismissed and your claims extinguished. You should hire an experienced local attorney to make appropriate motions in bankruptcy court to protect your claims.

    1 person marked this answer as helpful

  3. Our State CivilSuit will be dismissed-defendants have gained BR discharge. How can we retain our protective restraining order?

    Answered almost 3 years ago.

    1. David Guy Carter
    1 lawyer answer

    Call a lawyer in your area immediately. Just because they have filed bankruptcy does not mean that your case is dismissed, and does nothing to the restraining order. However, there are motions that must be filed in bankruptcy court to preserve your claims. An experienced creditors' rights attorney can help you with this matter.

    1 person marked this answer as helpful

  4. I was a truck driver and developed blood clots from setting in truck clots are in my lungs

    Answered almost 3 years ago.

    1. David Guy Carter
    2. Christian K. Lassen II
    2 lawyer answers

    Truck drivers, and any job that requires you to be seated for long periods of time, can cause these types of clots. You may have a case. However, having a case, and winning a case arre very different. You need to call an experienced georgia workers' comp attorney immediately. They will help you demand the appropriate medical care from your employer, and help you manage and oversee your treatment and recovery. This is critical to preparing a winning claim.

    1 person marked this answer as helpful

  5. What do it means when you Lack of experience handling large sums of money in a fiduciary role.

    Answered almost 3 years ago.

    1. Robert W. Hughes Jr.
    2. David Guy Carter
    3. Steven J. Fromm
    3 lawyer answers

    In Georgia, if the will does not specifically waive bond, the court may require bond in order to protect the assets of the estate from mismanagement, waste, etc... If the court has increased your bond, it may mean the court has determined that you do not have sufficient experience handling large sums of money, particularly in a fiduciary capacity, to adequately protect the assets of the estate. If your bond company has denied bond on this same basis, then, as Mr. Hughes, above, stated, you...

    1 person marked this answer as helpful

  6. How can i know somone reported me?

    Answered almost 3 years ago.

    1. Christine C McCall
    2. David Guy Carter
    2 lawyer answers

    You generally will not know until local law enforcement comes to discuss the matter with you.

    Selected as best answer

  7. I learned that I owed the city of gahanna a back tax of $161.00 for 2006 my total I am forced to pay is almost $1,000.

    Answered almost 3 years ago.

    1. David Guy Carter
    2. Steven J. Fromm
    3. Henry Daniel Lively
    3 lawyer answers

    This debt will be dischargeable in bankruptcy, assuming the taxes were assessed in 2006 or 2007. In the alternative, many localities offer an offer in compromise solution - basically a process to request an abatement of fees and interest, and possibly a reduction of principal owed. If the head of the department has declined to do so, you still have a few options: (1) elevate this matter through the administrative appeals process (2) sue (3) file bankruptcy (debts that old are most likely...

    Selected as best answer

  8. Does food stamps count tax returns as income/

    Answered almost 3 years ago.

    1. Richard C. Southard
    2. Steven J. Fromm
    3. Darin T Jensen
    4. David Guy Carter
    4 lawyer answers

    Food stamps and other welfare programs such as Medicaid do not count as taxable income.

    2 lawyers agreed with this answer

  9. Is Probate necessary to transfer Time Share property as outlined in a Will?

    Answered almost 3 years ago.

    1. Ronald A. Jones
    2. Mark Russell Lewis
    3. David Guy Carter
    4. Steven J. Fromm
    4 lawyer answers

    The key fact is that your stepmother is NOT listed on the deed. If she were listed, the property could pass to her without having to go through probate. That being said, the transfer of almost all property from decedent's estate to any person, even if listed in the will, must be accomplished through probate.

    2 lawyers agreed with this answer

  10. How can I justify a claim based on tort involving a car accident in GA when the other driver sued me for her fake injury litigat

    Answered almost 3 years ago.

    1. David Guy Carter
    1 lawyer answer

    If you were covered by your insurance company at the time of the accident, you need to send a copy of the complaint to them as soon as possible. Not sending them a copy is grounds for them to cancel coverage of this event. If you were served on July 30, you have 30 days to answer the complaint. Your insurance company should provide defense counsel for you. If your insurance company is not doing so, you need to hire an attorney as soon as possible. If your insurance company has already...