Archived
Can I (the defendant) sue for legal fees in small claims court for a previous case that the plaintive dismissed?
John's answer
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Answered on June 26, 2019
That claim would have to be brought in the superior court where he filed his case. You and or your lawyer should have filed a counterclaim to...
Archived
Divorce Filing Question *** Updated
John's answer
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Answered on June 25, 2019
You filed the case 14 months ago and he has not been served? Are you sure your divorce case is still active/pending? Most judges in most courts,...
Can I file a counterclaim for contempt against Plantiff for a contempt action he has against me? He's says he will object to it.
John's answer
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Answered on June 25, 2019
Yes you can counterclaim for contempt in his contempt action. Yes, he can object, but that objection would be meaningless because you have the...
Archived
How can I establish paternity and legal father status of my child?
John's answer
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Answered on June 25, 2019
If a divorce case is filed, you can intervene in that case and sue for legitimacy. If they do not get around to filing for divorce, you file...
Can a defendant file a counterclaim for contempt of support on Plaintiffs contempt motion to enforce custody and change custody?
John's answer
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Answered on June 25, 2019
Yes, a counterclaim for contempt can be filed in response to a petition for contempt. No, the court cannot modify the terms of the order in a...
Archived
Can a landlord’s email count as written notice to terminate a written lease at the end of lease term
John's answer
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Answered on June 25, 2019
Maybe, probably yes, but it depends on the language in the lease. What does the leas state about such notice? If the tenant does not leave...
What happens after a writ of possession is filed by the judge and the sheriff? And how long do I have to move after that? In GA
John's answer
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Answered on June 25, 2019
Presuming you went to the hearing in the eviction case, and obviously lost, the judge can only give you 7 days to move out. On that 8th day, if...
Archived
Can my sister have me evicted because I won’t follow her custody agreement?
John's answer
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Answered on June 25, 2019
It sounds like you and she are both tenants (joint tenants) of the same landlord. Your sister is not your landlord, thus she has no standing to...
Is it true I can not ask for change of custody in a contempt of court action? Will it be considered as a modification in law?
John's answer
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Answered on June 25, 2019
Yes that is true. The court is not authorized to modify an order in a contempt case. Contempt is about enforcing an order (not changing it). To...
Archived
If father signs birth certificate and paternity test was done the same day child was born is child legitimate?
John's answer
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Answered on June 24, 2019
No, he still has no parental rights. He must file a petition to establish legitimacy. With the situation where the child is not with the mother,...