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David Michael Lawler

David Lawler’s Answers

502 total


  • The Plaintiff in my child support case amended their petition. Can I motion to dismiss based on the original petition received?

    My case is a child support case. I was served with a summons and complaint/petition that had obvious errors that were ripe for dismissal. My response to the Court isn't due yet (I haven't filed a response yet either). The Plaintiff recently amende...

    David’s Answer

    You should seriously talk to an attorney because your "understanding" is flawed and could end up costing you the case.

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  • If i was served with a rule nisi and the year is wrong, do i still have to show up?

    I noticed that a hearing I received notice for shows 2015, not 2016.

    David’s Answer

    You would be stupid not to appear. Sorry, but I am blunt.

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  • Home

    I need to know if I can stay living in the home me and the man I was going to marry her left me and went to China he owns the home and we have all bills in a joint account and we also sign a prenuptial agreement saying that only of he was to ...

    David’s Answer

    As mentioned by other lawyers, so long as you are being permitted, you can stay. Let me say it more bluntly: if you are not on title, you can stay until you are evicted.

    Your pre-nup means NOTHING if you didn't actually marry the man.

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  • What are my rights, when it comes to an "unfriendly neighbor" and her fence. and her plants that hang over in my yard?

    I have a neighbor that has crape myrtles that hang over her fence into my yard, which effect my plants, because they are not getting any sun. I have asked her, if I could cut them, so my plants could get some sun she said "no -leave my bushes alon...

    David’s Answer

    Grab your trimmers and trim away to your property line.

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  • What can I do to fix this?

    I bought a house with someone in 2006, within a year I moved out, having no more to do with the property. In 2013 the other person planned on selling property, which required a quick claim deed. Which she made believe would take any responsibility...

    David’s Answer

    Presuming you were on the loan, there is nothing TO fix. It doesn't matter one bit if you moved out or not - Of course the loan would show up on your credit report, regardless of you signed a QUITCLAIM DEED. Coming off of the title does nothing to take you off of the loan, or of the responsibility to pay the loan.

    Only paying off the loan or the lender specifically releasing you from liability (fat chance) would do that.

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  • Can my wife use a video of me privacy of our home (no kids) of me yelling and using profanity (no threats of violence)

    Divorce and my wife arrested for domestic violence against me

    David’s Answer

    The short answer is most likely.

    You should consult an experienced divorce attorney in your area. It is possible that it may be it inadmissible under the rules of evidence, depending on the circumstances, but that is a very detailed analysis and this forum is not well-suited for such a lengthy discussion.

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  • How do I get him to pay child support? I don't have the money to file for divorce or to hire an attorney. He has all the money.

    I'm married, stay-at-home mom with 3 kids. Husband has lived separately (another household) for almost a year. Husband won't provide consistent support for the kids or pay child support.

    David’s Answer

    If you don't have the funds to hire counsel, try utilizing the Gwinnett County office of Child Support Services, located in Lawrenceville (near 316 and Hi Hope Rd). It's not the swiftest solution, but the CSS has unique enforcement powers.

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  • Recently received a speeding ticket and officer put down incorrect race. Could I have my ticket dismissed?

    I was recently given a speeding ticket for doing 66 in a 45. After recieving my citation I noticed the officer put my race down as black. I am clearly not black. I am a Filipino american. Is there a chance of me getting out of my ticket based on t...

    David’s Answer

    Realistically? No chance to get it dismissed on that alone.

    There may be other issues. get with a local attorney with expertise in getting tickets dismissed.

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  • What should I do abt child support? Why hasnt he been served& why is it so hard? What further action can I take? Is it hopeless?

    I filed child support June 2015, a month after my son was born. My son's father abandoned him when he was 4 months. Child support has sent out process servers, every 3 months since August and they still have no luck in serving him. I gave them eve...

    David’s Answer

    Often a private process server must be appointed and utilized to get good service upon a party. In Superior Court cases, the private process server must be approved by the Court. The process server themselves must be 18, a resident of GA and otherwise not connected to the case. It doesn't HAVE to be a private investigator, but they are often ideal for the job, since they can usually locate the person in question.

    I agree with the prior answer that you may need to ramp it up with an attorney and a case in Superior Court.

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  • Can I collect back child support (16) yrs. ? Would it cost a lt to go to court now?

    Single parent. Father has not paid "court ordered" child support in 16 years, is it to late to recover the money?

    David’s Answer

    First, Mr. Ashman is correct.

    That being said, you should be able to get an award for the entire amount unpaid, however, I had a case once when the judge ruled that my client sat on their rights too long" when waiting 11 years to get an award for support and only awarded an arrearage for 5 years. In that case, I do not believe the Judge correctly applied the law, but the client didn't have the resources or inclination to appeal.

    You definitely should get the help of an attorney in your area.

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