Recently a client asked me a question I get with some regularity. Her case is in the middle of the discovery phase right now – we know more about the case than we did when we were figuring out how to answer the lawsuit, but we’re not exactly ready for trial yet. This is usually…
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Effect of the CARES Act on Residential Leases
If you’re a landlord with a tenant not paying rent during the COVID-19 crisis, you may not be able to file a dispossessory action, even after the courts reopen, under Section 4024 of the new Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. For starters, the new federal law only applies to “covered dwellings”, which…
Divorce Intake
This is the text from my form email that I send to potential new clients who are seeking assistance with a divorce case. I’ve also included links to my intake worksheet and a blank (Georgia) domestic relations financial affidavit. Even if you don’t hire me, gathering this information BEFORE you meet with your new lawyer…
Penalty vs. Liquidated Damages
When people draft contracts, a natural tendency is to make penalties for non-compliance fairly harsh. After all, if the penalty is bad enough, then the parties will be encouraged to do what they agreed to do instead. In Georgia, however, a contract provision that provides for a “penalty” is unenforceable. On the other hand, it…
My Lawsuit Was Served – Now What?
Often my clients are confused about the timing of the very early stages of litigation. While specific details can vary in certain cases, in general, the following deadlines apply: The date of service is “day zero”. In general, the defendant has 30 days from the date of service to file a responsive pleading (typically an…