Marc Howard Bardack's Answers

Marc Howard Bardack
Atlanta Personal Injury Lawyer.
Contributor Level 7

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Attorney answers:

  1. Marc Howard Bardack

Is the a time limit on a defamation of character by a PA and doctor that happen 2 yrs ago

Asked by a user in Warner Robins, GA - about 2 years ago.

The time limit to file a suit for defamation in Georgia is one year (although some exceptions may apply, such as if you were a minor or incapacitated at the time of the alleged defamatory statements), so it sounds like you are out of time, regardless of the merits of your claim. DISCLAIMER: This answer is not legal advice and does not create an attorney-client relationship. No attorney-client relationship is created until this attorney is specifically retained by written contract. This...

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Attorney answers:

  1. Marc Howard Bardack

What happens if you move to another state what happens?

Asked by a user in Covington, GA - over 2 years ago.

Assuming your were hurt in some type of accident where you are now dealing with the other party's insurer, then If your injuries are such that you require medical treatment, then get medical treatment in Georgia and submit those bills to the insurer the same as you did/will do with the bills for treatment you received in California. DISCLAIMER: This answer is not legal advice and does not create an attorney-client relationship. No attorney-client relationship is created until this attorney...

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Attorney answers:

  1. Marc Howard Bardack

Proper defense to a civil suit in magistrate court in Douglas County GA.

Asked by a user in Douglasville, GA - over 2 years ago.

Assuming you in fact signed the contract on behalf of your company as its representative or agent, then an appropriate defense would be that you are not the proper party defendant. DISCLAIMER: This answer is not legal advice and does not create an attorney-client relationship. No attorney-client relationship is created until this attorney is specifically retained by written contract. This answer is only intended to provide general information about the matter in question and is based...

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Attorney answers:

  1. Marc Howard Bardack
  2. Brian E. Daughdrill

HOA question about Dues and shortages of dues.

Asked by a user in Cumming, GA - over 3 years ago.

The Declaration of Covenants will dictate what the builder can and can't do due the control period (that time that the builder controls the HOA - usually until all or a certain percentage of lots are sold). Without reading the Declaration and HOA by laws, I can't answer your question specifically, but it would make some sense that he would have to bear those expenses until the lot sor a certain percentage of them are sold. Also, some of the items you listed don't sound like they should be the...

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Attorney answers:

  1. Marc Howard Bardack

After my husband forgave me for an affair 10yrs ago can he still bring it up in court 10yrs later?

Asked by a user in Myrtle Beach, SC - almost 3 years ago.

I am not sure about South Carolina, but I can tell you that Georgia law recognizes a doctrine called condonation - meaning that the other party condoned the affair. It is of importance in Georgia because infidelity is a bar to alimony. A person seeking alimony who had an affair can get over that bar if she (it's usually the wife) can show that her husband condoned the affair by continuing to live with her after the fact - in essence forgiving her. However, the fact of the affair may still be...

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Attorney answers:

  1. Mark Jeremiah Peacock
  2. Harry Edward Hudson Jr
  3. Charles Joseph Michael Candiano
  4. Marc Howard Bardack

Can she sue me for it?

Asked by a user in Burbank, CA - almost 1 year ago.

Yes, she can sue you for both property damages and medical expenses and, if California is like most states, she would have to sue you directly rather than suing your insurance company. This is why you carry insurance. Turn all papers you were served with over to your insurance company immediately. DISCLAIMER: This answer is not legal advice and does not create an attorney-client relationship. No attorney-client relationship is created until this attorney is specifically retained by...

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Attorney answers:

  1. Patricia Ilene Forman
  2. Alexander Mchenry Memmen
  3. Marc Howard Bardack

What to do...sub contractor filed lien.

Asked by a user in Cumberland, WI - over 1 year ago.

You should sue the general contractor. You should also consult a construction attorney in your jurisdiction to determine whether the subcontractor followed the proper procedures in asserting his lien, as the failure to follow such procedures exactly can be fatal to a lien.

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Attorney answers:

  1. Steven Alan Fink
  2. Marc Howard Bardack

Can I sue my husband for starting renovating the house we live in 10 years ago and finished not even one room

Asked by a user in Reading, PA - over 1 year ago.

You do not appear to have a basis to sue your husband, other than for divorce.

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Attorney answers:

  1. Robert Douglas Kane Jr
  2. Oleg Cross
  3. Adam David Sorrells
  4. Robert Daniel Kelly
  5. Marc Howard Bardack

In what court may I sue FDC?

Asked by a user in Los Angeles, CA - over 1 year ago.

You can sue in Georgia, in whatever county the company has a registered agent. If no registered agent in GA, then you should be able to sue in the county where you reside or where the accident happened under the Non-Resident Motorist Act. However, FDC will almost certainly remove the case to federal court, so you might just want to start there. You should also look at where FDC's driver is from. If he's from Georgia, you should consider adding him to the lawsuit (you would need to sue him...

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Attorney answers:

  1. John S. Hoyt III
  2. Marc Howard Bardack
  3. Sam Louis Levine

My car was hit, while parked, by a person driving a stolen vehicle. Can I sue him?

Asked by a user in Trenton, NJ - about 2 years ago.

The stolen car owner's insurance company most likely will not cover the damage to your truck, because the thief who hit your truck was not a permissive driver and not covered by that insurance policy (I'm assuming no other relationship between the thief and the owner which might support an argument that the thief was a permissive driver). Some states like NY have mandatory owner liability, in which case there might be insurance coverage, but I don't think NJ is one of those states. If you...