Process server never confirmed with the courts that I was served.: My landlord hired a process server to serve me with a summons for a dispossessory proceeding in Georgia. When he came to my house I asked him who he was and who he was with. He wouldnt tell anything other than he is someone who just delivers notices. The paper wasn't signed or notorized. He didnt ask for my signature, only verbally asked my name. I answered to the summons on the 7th day at Magistrate and the clerk told me they were not aware that I had been served. I explained what happened and they let me know that he was supposed to file with the courts confirming the service was processed within 5 days and he had not done so yet. The county also requires the server to be verified and approved to serve here, which I am fairly certain he is not. Clerk went ahead and submitted answer and issued me a court date for the hearing. My question is what will happen if the server never files with court that he served me or what's going to happened if he does since it was late? What would my defense be for this matter?
Ashley’s answer: That process server may not have been approved by the court. You’ll have to check that docket a couple of times a month until the affidavit of service is filed or the case is dismissed. One other possibility is that they may hire another process server and serve you again. Most judges will let you file an answer within 30 days of when the affidavit is filed.
How can I get my ex-husband's name off the title of the car that's been sitting in my garage for 3 years?: Good morning, my ex-husband and I have divorced for 3 years now and when we did the divorce I think I put he was responsibility for the car that's in my garage. However I didn't know how that process worked but both of our names are on the title. So after the divorce the car was up for repossession and I end up having to pay the remaining balance of the car. So my ex-husband does not want to pay me to receive the vehicle. So now for 3 years it has just been sitting in my garage because he won't sign it over to me. He keeps going back and forth to jail so what are my options?
Ashley’s answer: You will likely want to reopen your divorce case and either motion for contempt and reconsideration of the property settlement, or maybe either file a complaint for declaratory judgement or a complaint for foreclosure of personal property, all depending on the facts of the matter. You'll likely need to pay an attorney to review the facts and evidence and to file the lawsuit. The attorney will likely ask the could to order your ex to pay your attorney's fees (after you pay the attorney first).
I’m trying to see if I have a legal situation ?: Well I had a friend that I dated we for a little while, we ended and still remain friends, it all started when my granddaddy house I was living in caught on fire and he decided to help me clean it up long story short I also had a restaurant I was trying to open so he decided to help me he wrote up a contract then I needed a car I couldn't get it by myself so they put it in both our names. The moral of the story he took my things out the house I was renting he took the equipment out my restaurant and then he took the car. And I’m just lost for words. I was paying rent,car note and I own the building for the restaurant I just need help because I paid over $6,000 in car notes he don’t have the car he gave it to someone else.
Ashley’s answer: If he stole your property, call the cops. Any property that belonged to both of you, you’ll have to sue him for half or more of the value of the property.