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David Nathanial Lockhart

David Lockhart’s Answers

86 total


  • May I obtain Affadavits from my witnesses during the time of discovery?

    What information can I share with them a set of questions to answer?

    David’s Answer

    You may obtain affidavits, but the only likely use of them will be for motions--not trial. The affidavits will normally not be admissible at trial, so your witnesses will need to appear.

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  • Does my fiance have a civil case against a county if they put a felony on his record that affected his ability to get a job ?

    Felony was added to his record from 2003 that was a misdemeanor bt was put on his record in 2009

    David’s Answer

    He may have had a viable cause of action against the county employee for negligently performing what the law refers to as a "ministerial act." However, if the negligence occurred six years ago, barring tolling (sort of a pause) of the statute of limitations, it is too late to bring the claim at this time.

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  • How can i stop a garnishment i only work part time

    I was evict never receive garnishment notice i didn't have a forwarding address what can i do

    David’s Answer

    A federal court judge in the Northern District of Georgia has recently held Georgia's garnishment statute unconstitutional. While he revised his order earlier this month to exclude wage garnishments, and the order only applies to Gwinnett County, the same rationale will likely apply to future challenges, and many Georgia courts have already changed their requirements for garnishment summonses. This will likely give you even more ammunition to fight a garnishment in Georgia, but you will likely need a knowledgeable attorney to assist you.

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  • If I brought a car from a private on craiglist she gave the emission test after 25days the car broke down can I go to court for

    If I brought a car from a private owner I found on craiglist she sold it with the current emission test after 25days the car broke down can I go to court for her to give me my money back I'm in Cobb County

    David’s Answer

    I agree with Mr. Birchmore, but there are some unknown facts that could change the answer. Generally, private-party used car sales are "as is," which means they are sold without any warranty. If that is true in your case, you are, unfortunately, likely stuck with a bad deal. It would be theoretically possible to prevail if you could prove that the seller purposefully concealed defects, but sufficient evidence to prove fraud in this situation is unlikely.

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  • In a deposition, when can I delay answering a question because it is irrelevant?

    The deposition is for my parents divorce. I don't want to answer any questions about my personal relationships with people other than my parents if not necessary. Seems like a needless violation of my privacy as it as nothing to do with the divorc...

    David’s Answer

    I presume you are asking about a case filed in a Superior Court of Georgia. This answer applies to Georgia law, only. Discovery, including depositions of non-parties, is permitted to seek information reasonably calculated to lead to admissible evidence. Accordingly, the questions do not necessarily have to be relevant. If you refuse to answer the questions, the party taking your deposition may file a motion to compel, and if the judge agrees that you were required to answer, he may award attorney's fees against you. If you still refuse to respond, he may hold you in contempt of court and have you incarcerated. Even as a non-party, you may wish to retain an attorney to represent you in the deposition to raise the appropriate objections. I understand your reluctance to discuss private matters that seemingly have no relevance to the divorce, but you refuse to answer at your own risk.

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  • Rec'd letter from lawyer collectiing on old capitol one credit card. last payment was made in 2004, charged off in 2005.

    should i get an attorney to type up a letter or send one myself to collections lawyer as well as capitol one?

    David’s Answer

    Please do not correspond with the attorney. Instead, speak to an attorney who handles debt collection and consumer representation to review the facts of your case. As other attorneys have written, you may have claims under the Fair Debt Collection Practices Act which might allow you to collect damages. Even if you do not already have such claims, an attorney can make the creditor's attorney cease contact with you, and if the creditor's lawyer continues to contact you, you will likely be able to recover under federal law.

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  • I was garnished my bank account, how to get the money back from the creditor, I am a single mother and I have a sick child!

    I owe money to a collection agency. I recently received my tax refund. The collection agency garnished the money. I am a single mom and my child is asthmatic and I need money to pay the rent

    David’s Answer

    If bankruptcy is not an option for you, you may be able to defeat the garnishment on a number of grounds, but there is no way for an attorney to know without first looking at the facts of the underlying judgment and the garnishment action. Depending upon the amount seized from your account, it may be worth retaining an attorney to review your options.

    If you decide to fight this without an attorney, please keep in mind that the plaintiff is required to send notice of the garnishment to you within three days of the garnishment being served on the bank. If the plaintiff failed to do that, if you file a traverse, the court should schedule a hearing, and the funds should be returned to you. There are several other ways to attack a garnishment, and you will most likely require an attorney to review the case to prevail.

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  • Is a judgment creditor REQUIRED to diligently pursue collection of a judgment ? Georgia attorneys ONLY please.

    A creditor has a judgment against the debtor and has obtained a fieri facias. The creditor did not actively pursue collection on the judgment for over 10 years, but has legally "revived" the filing with the Superior Court (7 YEAR requirement). T...

    David’s Answer

    • Selected as best answer

    No, there is no requirement for the judgment creditor to pursue ANY collection efforts, and post-judgment interest accrues as a matter of law.

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  • Is it legal in Georgia to carry a handgun as long as the handgun is not concealed?

    An example would be, carrying the handgun in an exposed manner using a belt holster.

    David’s Answer

    No. In Georgia, You must have a permit to carry a gun on your person. Many people mistakenly believe that because so many are charged with carrying a concealed weapon, no permit us required to carry it openly. Open carrying without a permit will result in a charge if carrying without a license.

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