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David Merbaum’s Answers

474 total


  • Do I get to stay in my home?

    My home was under threat of foreclosure. I got a letter from the mortgage co stating that due to the statute of limitations running out, they are not able to continue pursuing the matter.

    David’s Answer

    Cannot imagine you get to stay for free. If you are concerned, call them up and ask what the letter means

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  • I received a summons from a company in New York filed in Supreme Court Co. of Kings, That isn't actually filed with that court

    I defaulted on a business loan that I personally guaranteed and filed personal bankruptcy which included this company. Now they sent a summons to business. This was 1 year ago. The summons was not filed as they stated. Therefore this summons is...

    David’s Answer

    So what is your question? if the debt was subject to your BK then they cannot pursue collection.

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  • Can a Florida attorney represent me in Thomasville georgia

    Can a Tallahassee Florida attorney represent someone in a Georgia civil matter in Georgia?

    David’s Answer

    If he is admitted to practice law in Georgia, the answer is yes. If not, the answer is no

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  • How can I resolve a Landlord Tenant Issue for a Deposit being withheld, being made to move and charged erroneous move out fees.

    During my lease the landlord refused to make repairs to the house I lived in, one of which ended up being a code violation. When it was time to renew the lease I asked again for the repairs to be made and was told they still would not be made and...

    David’s Answer

    • Selected as best answer

    A lot of facts here. See a Landlord Tenant attorney and bring the leases and notice of change or landlord to assist you.

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  • What does that mean and what type of lawyer should I seek?

    I Received a notice for an Affidavit and Notice of Entry of Foreign Judgement.

    David’s Answer

    This means that there is a judgment against you from another state and they now want to make it a Georgia judgment, usually so they can start to collect on it. There is typically not much you can do, except if you want to contest the underlying original judgment. You may want to see an attorney to help you out if you had no idea what this is all about. If you do nothing you may find that you are being garnished and money can come out of your wages or bank, and the judgment can be a lien against your home.

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  • Is there any way to open up an optometric practice as an LLC in Georgia?

    I am an optometrist looking to open up my own practice in Georgia.

    David’s Answer

    Sure, you can be an LLC or a corporation. If you have questions, get with an accountant to figure out the tax issues and or an attorney to tell you how to set it up if you are not sure.

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  • What do I do

    I bought a Mercedes e320 four months ago when I got it the break light was on, I asked about and was told they would fix it, they haven't fixed it now something new is happening to the car I told them about the error code they keep giving me the r...

    David’s Answer

    Used car, new car... was there any warrany provided. Did you get anything in writing that they would fix the brake light. Go directly into the dealer in person and see the manager, as opposed to calling or writing. If they refuse then you need to see what they agreed to do and whether there is a warranty. An attorney might be able to assist at that time.

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  • Can I leave this apartment due to noise with a 30 day notice w/o owing rent for the remainder of my 12 month lease?

    Hi. I have a man living above me who is a disc jokey. I moved in to the apartment below his on January 8, 2016. The day I moved in, I went upstairs and told him that his music ( club, rave, house, calypso, hip-hop) was vibrating my floor. I think...

    David’s Answer

    Would want an attorney to review the lease, but the Landlord is obligated to provide quiet enjoyment, which it appears it is not. So I would tell the Landlord that he is in breach of the lease and see if he is willing to allow you to leave and just mutually terminate the lease. It is possible that if you complain the landlord will evict the other guy so until you provide notice and complain, I am not sure you can just leave yet.

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  • Can I cancel the check and contact another plumber to Bring it up to code ? i don't trust these guys!

    I contacted a major plumbing from and had a licensed plumber yesterday install a hot water heater , after looking at the hot water heater taking pictures and sending them to the plumber complaining that it was done incorrectly, they finally agr...

    David’s Answer

    Did they say they would not fix it? Before you stop payment, see if they intend to honor their work. If they are a major plumbing outfit I would not see why they would not do so.

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  • Landlord won judgement..Tenant 2 move 7 days . Writ of possession issued.Tenant moved out, left keys. Am I done or does sheriff

    Landlord won judgement..Tenant 2 move out 7 days . Writ of possession issued.Tenant moved out in 6 , left keys and garage door opener and moved everything out of house except broken desk in garage. . Am I done or does sheriff have to come out. An...

    David’s Answer

    It would appear that the tenant has abandoned the premises, but you never know. If you want to be 100% safe call the sheriff, tell them the place is empty and come and execute the writ. Its your call, just dont want tenant to come back and say they had not left yet.

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