Can I fight a civil judgement that has already been passed? The judgement was passed 5yrs ago. Wasn't able to hire a lawyer at the time. Keeping me from purchasing a home. The judgement was from a rental property that I had already left and verbal...
From what you have said, you probably can't contest the judgment this late. You probably have a couple of options, although there may be others or refinements. You could pay the judgment to make it go away, or you could file a bankruptcy to discharge the judgment. Of course, the bankruptcy will also interfere with you purchasing a home. You may or may not have a claim for contribution against the other party. Unfortunately, this is not a problem you are going to be able to solve from an answer on AVVO. You probably need to talk to someone in person who can explore all the facts and circumstances of your case.See question
My blood cousin left me her house in her will; she passed two weeks ago and her lawyer sent her blood grandson paperwork to see if he agrees with the will( he has not returned the paperwork; can he get the house my cousin left me
Before a will is probated and the wishes of the decedent carried out, Georgia law requires that the heirs at law of the decedent be notified of the will and given an opportunity to challenge the validity of the will. One option available is to get the heirs to consent to the probate. That is likely what was sent to the grandson. If the grandson does not consent (I am assuming his parent is deceased so he is an heir at law), then he will be formally served with the probate application and given a chance to file a formal contest of the will. If he files no response, the will gets probate. If he files an objection, the court has a hearing.
There is no way to tell from an on line post if there is any valid objection the grandson can raise. If a will contest is filed, yo clearly need to have an attorney represent your interests.See question
We have a 13,000 deductible for insurance and we cannot pay for damages.
It likely depends on the condition of the tree prior to the hurricane. If it was a healthy tree that was simply toppled due to the weather, your neighbor most likely is not responsible for your damage. If you can prove that the tree was diseased or dying and the neighbor should have been aware, and the declining health of the tree contributed to the reason it fell, maybe you have a claim against your neighbor. If you think you have a claim against the neighbor, you likely will need to talk to a local attorney about the specific facts.See question
Our apartment manager has screwed us over on a lot of stuff I question. Recently the drains have stopped up from other people and they sent a letter saying we would have to pay for the next plumber?
Your lease may well contain a provision that you, the tenant, are responsible for repairs required due to misuse of the property. So if your child flushes a toy into the sewage lines you could be responsible for the plumber while the apartment would be responsible for a gasket that fails and flood the bathroom. If other people are stopping up the drain lines, the apartment can probably charge them for the plumber. But it is probably not contemplated under the lease that you are responsible for the repair needed because of your neighbor's improper actions. If you have a problem in the future, be sure you get the plumber to identify where the stoppage occurred and what caused it so that you can try and protect yourself from improper charges. If it becomes a specific dispute, you probably will need to take your lease to an attorney who can review the lease and the facts of the incident.See question
My HOA filed a lien against me for past due HOA fees ($450 + attorney fees). I paid it. The HOA treasurer promised to have the lien released after the checks cleared (3 weeks ago). I asked for a letter from the HOA notorized by the treasurer stati...
Maybe. If they filed a lien that included attorney's fees and you paid it, you are entitled to have them release the lien on the public records. They probably could charge you the $5 recording fee for the lien cancellation. If you insist on a notarized letter of some sort, that is additional work that they possibly could charge you for based on what it takes for them to get the letter prepared. You have a right to a copy of the lien once it has been cancelled on the court records, but that is probably all. The extra charge may not be a "collection cot", but it probably falls under a different provision of the HOA's documents allowing them to be reimbursed for costs incurred. If you want the extra letter, it sounds like you will need to be willing to pay for it.See question
My grandmother passed away in1999. She had 6 kids living at the time of her death. Since then 2 have passed, one of them being my father. I have the original deed to her property, I have a distant cousin that has acquired a quit deed last year wit...
You may be confused on what a quit claim deed is. It only transfers whatever title the grantor/signatory on the deed may have had. If other people had an interest in the property, those interests are not affected by the quit claim deed.
That being said, it sounds like you need to take some affirmative steps to clear up title to the property. You having possession of the original deed to your grandmother means nothing. Title will be determined by what is on the public deed records plus the specific facts involving the individuals who are deceased. It has been 17 years since your grandmother passed away, and all sorts of things could have happened in the meantime. Go to a real estate or probate attorney as soon as possible to start getting the title issues straightened out.See question
We are the defendant in a small claims/magistrate case in GA. We went before a judge, presented our case and the judge said she would issue a judgment the following week. It ended up taking several weeks. During that time, the plaintiff sent a let...
At this point you really need to hire an attorney to assist you. There is no good way to tell you haw to appeal the magistrate court ruling without the details of what happened and what the suit was about. If you don't want to just accept the judgment and pay the other party, find a litigation attorney in your area and take all the paperwork on the case to him or her, and do it yesterday. The time limits on any type of appeal are strict and enforced.See question
Our home is currently owned by my mother in law, but my husband is on the deed. Our 6 year old trained rescue dog ran out the front door and straight to a neighbors house whom had a visitor with a small 9 year old dog. Our dog ended up getting int...
You are confusing two different things. Who is on the deed and who is covered by insurance may or may not be the same. Homeowner's insurance only covers those individuals who are named on the policy. If your husband is named on the policy because he is also named on the deed, you would need to look at the policy to find out if you are covered as a spouse. If the policy is only in your mother-in-laws name, the policy would cover her if a suit is filed, but it may not cover you and your spouse.
In any event, if there is a claim of personal injury on top of the injury to the dog, you may be short sighted not to report the incident to your insurance company. It could escalate into something bigger, and if you delay reporting to the insurance carrier, you may waive coverage that is in the policy. Most policies require prompt reporting of potential claims.See question
I hired an attorney to represent the interests of an estate for which I am executor. After four months of inactivity on the part of the attorney, I fired him. He afterward filed multiple motions against me attempting to have me removed, and is att...
You need to get an experienced probate attorney to work with you. There is no way to tell from your post whether the attorney can make a credible case or whether there is a conflict from prior representation of the estate.Get all your papers on the estate together and go see a new attorney,.See question
The title agent and the closing attorney were the same person, who was appointed by the builder. The closing attorney withheld my title exam and title insurance at closing. Now, 3 yrs later, I woke up to chainsaws and caterpillars beside my home. ...
Unfortunately, it is hard to tell if you have a claim or not and against whom without seeing all the documents. Gather your sales documents, including the contract, the documents from closing, and the title information you have\. Take all of it to a good real estate attorney who could then advised you if you have claims and against whom.See question