Claimed Lawyer ProfileQ&AResponsive Law
- Personal Injury
- Traffic Tickets
- Free Consultation
There is no charge for a personal injury or collections consultation.
- Credit Cards Accepted
- Contingent Fees
All personal injury cases are taken on a contingency basis.
Jurisdictions Admitted to Practice
- State Bar of Georgia
- Maryland Court of Appeals
- Court of Appeals of the State of Georgia
- Supreme Court of the State of Georgia
- English: Spoken, Written
- Walker Law LLC
- - Current
- Aubrey Thrasher LLC
- - Current
- Khano & Associates, LLC
- Deming, Parker, Hoffman, Campbell & Daly, LLC
- University of Maryland Francis King Carey School of Law
- Spelman College
- State Bar of Georgia
- Atlanta Bar Association
11 Questions Answered
- Q. Can you stop an eviction once a writ of possession has be ordered
- A: After the writ of possession is granted, the landlord contacts the Sheriff’s office to make arrangements for a Sheriff to supervise the landlord’s removal of a tenant who refuses to leave and/or the tenant’s personal property. At this point, it is too late to pay to stop the eviction, unless the landlord is in agreement. This gets tricky because once the court grants the eviction and writ you can still be evicted, even if you pay. The best time to negotiate and offer a payment would have been either prior to your eviction hearing or during the hearing. Normally at the hearing the parties are given time to negotiate.
- Q. I asked to file a motion to compel all responses instead of default judgement when writing interrogatories to defendant
- A: From your question, it sounds as if you have filed a lawsuit against another party and have served them with interrogatories but they have not responded, and you are now inquiring as to whether you can ask for a default judgment. Generally, a default judgment is granted to the plaintiff when the defendant fails to file an answer to the complaint (or statement of claim, as is the case in small claims actions). Are you the plaintiff? If the other party is the defendant, did they file an answer to your complaint? A motion to compel can be filed when the other party has not responded to your interrogatories or other discovery requests after a good faith effort to resolve the matter. Litigation can be complex, and it is best to have an attorney represent you in this matter.
- Q. Hello, If I pay rent weekly, my security deposit was only 1 weeks' rent ( 150) Can my landlord use the deposit ifor
- A: Yes, if the landlord is in agreement. However, normally, a security deposit is not to be applied to rent while the tenant is still occupying the property. The deposit essentially serves as security to your landlord, in the event you leave the property damaged or in the event you leave without paying rent. Have you already had a conversation with your landlord about this as an option? If they are willing that's great for you and I would request that agreement be in writing. However, the landlord would not be required to apply the security deposit to the current rent.
- Q. if a guest refuses to sign a lease, what should I do to get them evicted
- A: Although your ex-girlfriend has not signed an actual lease, because she is living in the property, a tenancy at will has been created. You will need to give her a 60-day notice to leave. If she remains after the 60th day, you can file a dispossessory (eviction proceeding) in the county in which the property is located. With regards to the destroyed personal property, you can make an informal written demand to be compensated. This demand can include either receipts or estimates for the property that was destroyed. If you are not successful, there is always the option of bringing a civil lawsuit for the value of the damaged property or initiating a criminal proceeding (warrant application). You will need to present evidence that it was in fact your ex-girlfriend that destroyed the property. I would suggest an in-depth consultation with an attorney on both of these matters before moving forward.
- Q. my former tenant states that he is not responsible for carpet cleaning after 3 years, chimney cleaning or broken fire
- A: If the damage done to the carpet, chimney, and fireplace is beyond normal wear and tear for a three year period, then your former tenant would be responsible for the cost of repair. If you are still within the 30 days of your tenant leaving the property, you can send them a letter with a list of the damages. The letter should indicate how much if any of the security deposit you are returning. If the security deposit does not cover the total cost of repair, the letter can also include an invoice for the remaining repairs. If your former tenant refuses to pay for the repairs, you can bring a lawsuit for the damages. Pictures (or a video taken during the final walk through) of the damage may be helpful. Of course, it is always best to consult with an attorney and provide all relevant documentation for their review.
- Q. Can a landlord have people in my home before my move out? Can he sue me?
- A: In most cases, a landlord will withhold a portion (or all) of the security deposit to cover damages to the property which are considered beyond normal wear and tear. If the damages are more than the amount of the security deposit, the landlord will send a bill for this additional cost to repair. Ultimately, the landlord can sue a tenant for damages. If you believe the damages were caused by your ex, you can sue your ex for this amount. You also asked about allowing third parties access to the property. Most lease agreements include clauses which allow servicers, contractors, or representatives of the landlord to peacefully enter the property at reasonable times for various reasons which include repairs, pest control and showing the unit to potential buyers. In addition, there may be a clause which allows third parties to enter in the case of an emergency. I would suggest having an attorney review the lease to determine whether your landlord is in breach. Wishing you the best.
- Q. I broke my lease, but the lease did not say that I had to pay 2 months rent.
- A: Normally, there is a penalty for breaking a lease. My suggestion is to consult with an attorney and have them review your lease to determine whether you are responsible. They will have specific questions regarding your reason for breaking the lease such as, "are you on active duty military?" Wishing you the best.
- Q. How do I stop a garnishment of pay
- A: There are a few ways to stop a garnishment. First, if you are the defendant, you may have adequate grounds to file a defendant's claim form. This must be done within 20 days after the garnishee (generally the bank or employer) files their answer to the garnishment. Filing bankruptcy is another option to stop a garnishment. You will definitely need to consult with a bankruptcy attorney to determine if this is the best option. Lastly, if the creditor is willing, you may be able to negotiate for the release. Normally, negotiating will require you to make a good faith lump sum payment. I would strongly suggest any agreement be in writing. Consult with an attorney before making any decision, as they will have more specific questions about your particular situation to determine the best approach. Wishing you the best.
- Q. I co-signed with my son 26 years ago for a wireless phone service. His account is in collection. Am I still liable?
- A: Generally, a co-signer is jointly and severally liable on an obligation. Therefore the creditor can pursue you, your son, or both of you for the debt. In this case, the statute of limitations is the timeframe in which the creditor would be able to bring an actual lawsuit against you and/or your son based on a failure to pay (breach of contract). In Georgia, breach of contract on a written contract is six years from the date of default. I suggest speaking with an attorney and providing them with a copy of the contract as well as details on the last payment made and payment due date.
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