Georgia Legal Questions & Answers
73 plain-English answers to common Georgia law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Georgia?
Georgia property owners file an appeal within 45 days of the assessment notice (O.C.G.A. § 48-5-311). Options include: County Board of Equalization, binding arbitration, or a…
- How does the lemon law process work in Georgia?
Georgia's Motor Vehicle Warranty Rights Act, O.C.G.A. §§ 10-1-780 to 10-1-792, applies during the 'Lemon Law Rights Period' of 2 years or 24,000 miles. Presumption: 3 repair…
- How much of my wages can be garnished in Georgia?
Georgia follows the federal CCPA cap. Under O.C.G.A. § 18-4-5, garnishment is limited to the lesser of 25% of disposable earnings OR the amount above 30 times the federal minimum…
- How do I file a materialman's lien in Georgia?
Send Notice to Contractor within 30 days of first work (where preliminary notice required). File Claim of Lien in county clerk of superior court within 90 days of last work, serve…
- What is the personal injury statute of limitations in Georgia?
Georgia provides 2 years for personal injury under O.C.G.A. § 9-3-33. Medical malpractice is 2 years from injury with a 5-year statute of repose (§ 9-3-71). Claims against the…
- How does small claims court work in Georgia?
Georgia Magistrate Courts hear civil claims up to $15,000 under O.C.G.A. § 15-10-2. Filing fees range $50-$80. Attorneys are permitted. Appeals to the State or Superior Court are…
- How do I set aside a default judgment in Georgia?
Open default under O.C.G.A. § 9-11-55(b) within 15 days as of right (with costs), or thereafter on showing of providential cause, excusable neglect, or proper case before final…
- Who is liable if a dog bites me in Georgia?
Georgia follows a modified one-bite rule under O.C.G.A. § 51-2-7. Owners are liable if the dog was 'vicious or dangerous' AND they knew it (scienter), OR if they violated a…
- What can I do if I'm a victim of identity theft in Georgia?
Georgia treats identity fraud as a felony (1-10 years) under O.C.G.A. § 16-9-121. Credit freezes are free under federal law. Civil remedy under O.C.G.A. § 16-9-130 allows actual…
- How does comparative fault work in Georgia?
Georgia follows modified comparative fault with a 50% bar under O.C.G.A. § 51-12-33 — plaintiffs 50% or more at fault recover nothing (stricter than the 51% rule). The 2005 tort…
- How do I file a public records request in Georgia?
Georgia Open Records Act (O.C.G.A. §§ 50-18-70 et seq.) requires agencies to produce records within 3 business days or provide a timeline for production. Copy fees are $0.10 per…
- What is the statute of limitations for contract claims in Georgia?
Georgia gives 6 years to sue on a simple written contract under O.C.G.A. § 9-3-24 and 4 years on an oral contract under § 9-3-25. Sealed instruments enjoy a 20-year SOL under §…
- What money in my bank account is protected from creditors in Georgia?
Georgia gives a $1,200 wild card under OCGA § 44-13-100(a)(6) for any property including cash, plus $5,000 unused-homestead wild card under (a)(1). Federal benefits get automatic…
- How do I appeal a denied Social Security disability claim in Georgia?
Georgia's Disability Adjudication Section, within the Department of Labor's Vocational Rehabilitation Agency, handles initial SSDI/SSI reviews from Atlanta and Stone Mountain…
Criminal (10)
- What are DUI penalties in Georgia?
Georgia O.C.G.A. § 40-6-391 sets the BAC limit at .08 (.04 commercial, .02 under 21). A first DUI is a misdemeanor with 24 hours to 1 year jail, $300-$1,000 fine, 40 hours…
- How do I expunge a criminal record in Georgia?
Georgia uses 'record restriction' (sealing) under OCGA § 35-3-37, not true expungement. Non-conviction records can be restricted, and SB 288 (2020) allows restriction of up to TWO…
- How do I get a concealed carry permit in Georgia?
Georgia became a permitless carry state in 2022 under SB 319, allowing lawful weapons carriers age 21+ to carry without a Weapons Carry License (WCL). The optional WCL remains…
- What are the search warrant requirements in Georgia?
Georgia search warrants are governed by O.C.G.A. § 17-5-20 et seq. A sworn affidavit of probable cause must be presented to a judicial officer. § 17-5-27 codifies…
- Can I legally record a phone call or conversation in Georgia?
Georgia is a one-party consent state for telephone calls under O.C.G.A. § 16-11-66. For in-person oral conversations, § 16-11-62 also requires only one party's consent, but…
- How does bail work in Georgia?
Georgia governs bail under O.C.G.A. §§ 17-6-1 to 17-6-72. Most offenses are bailable by the arresting magistrate; serious felonies (murder, rape, armed robbery) require Superior…
- How does plea bargaining work in Georgia?
Georgia plea procedure follows Unif. Super. Ct. R. 33 and O.C.G.A. § 17-7-93. Guilty, nolo contendere (limited, requires court approval), and Alford pleas are accepted. Defendants…
- How do I sue police for misconduct in Georgia?
42 U.S.C. § 1983 is the federal vehicle. Georgia has not abolished QI and has no parallel civil-rights act. Official immunity (Ga. Const. art. I, § II, par. IX) protects…
- When can a private citizen make a citizen's arrest in Georgia?
Georgia REPEALED its broad citizen's arrest statute via HB 479 in May 2021 after the Ahmaud Arbery killing. Now under O.C.G.A. § 17-4-60, only narrow categories (off-duty law…
- What pretrial diversion or drug court programs exist in Georgia?
Georgia offers DA pretrial diversion under O.C.G.A. § 15-18-80, conditional discharge for first-time drug offenses under § 16-13-2, accountability courts (drug, DUI, mental…
Employment (10)
- What is the minimum wage in Georgia?
Georgia has a state minimum wage of $5.15/hour under O.C.G.A. § 34-4-3 — but this is preempted by the higher federal $7.25/hour for almost all workers covered by the FLSA. Georgia…
- How do I file a workers compensation claim in Georgia?
Georgia workers' comp is governed by O.C.G.A. § 34-9-1 et seq. and administered by the State Board of Workers' Compensation. You must notify your employer within 30 days of injury…
- How do I file for unemployment benefits in Georgia?
File online at dol.georgia.gov immediately after losing your job. Georgia pays $55-$365/week for 14-26 weeks (duration scales with statewide unemployment rate). Need wages in at…
- What is wrongful termination in Georgia?
Georgia is one of the most strictly at-will states. O.C.G.A. § 34-7-1 codifies the at-will rule. Georgia courts do NOT recognize a common-law public policy exception (Reilly v…
- How do I file a workers' compensation claim in Georgia?
Report the injury to your employer within 30 days (O.C.G.A. § 34-9-80) and file Form WC-14 with the State Board of Workers' Compensation within 1 year (§ 34-9-82). Administered by…
- Can I sue for wrongful termination in Georgia?
Georgia is one of the strictest at-will states (O.C.G.A. § 34-7-1) with no judicially recognized public-policy tort. Remedies depend on federal statutes (Title VII/ADEA/ADA)…
- What are my rights against workplace harassment in Georgia?
Georgia has no general state fair-employment statute for private-sector harassment, so most claims rely on federal Title VII (15+ employees) filed at the EEOC within 300 days. The…
- Can my employer drug test me in Georgia?
Georgia's Drug-Free Workplace Program (O.C.G.A. § 34-9-410 et seq.) is voluntary, granting employers a 7.5% WC premium credit and intoxication-presumption defense. No marijuana…
- Are non-compete agreements enforceable in Georgia?
Georgia enforces non-competes signed after May 11, 2011, under the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.), which expressly authorizes blue-penciling…
- How do I appeal an unemployment insurance denial in Georgia?
The Georgia Department of Labor (GDOL) administers UI under O.C.G.A. Title 34, Ch. 8. Appeals must be filed within 15 calendar days of the determination. Maximum weekly benefit is…
Family (9)
- How do I file for divorce in Georgia?
Georgia requires 6-month residency. The most common ground is no-fault: 'marriage is irretrievably broken.' File a Complaint for Divorce, serve your spouse, observe a 31-day…
- How is child custody decided in Georgia?
Georgia uses 'legal custody' (decision-making, often joint) and 'physical custody' (residence) under O.C.G.A. § 19-9-3. The best interest of the child is the controlling standard…
- How does alimony work in Georgia?
Georgia alimony under O.C.G.A. § 19-6-1 et seq. is fully discretionary — no formula. Courts consider 8 statutory factors including standard of living, marriage duration, financial…
- How is child support calculated in Georgia?
Georgia switched to an Income Shares model effective January 1, 2007 under O.C.G.A. § 19-6-15. Both parents' gross incomes are combined and matched to a Basic Child Support…
- How do I get a marriage license in Georgia?
Apply at any Georgia Probate Court (O.C.G.A. § 19-3-30). Fees are $56 for Georgia residents, reduced to $16 with proof of a 6-hour state-approved premarital course; non-residents…
- How do I establish paternity in Georgia?
Georgia distinguishes 'paternity' (O.C.G.A. § 19-7-40) from 'legitimation' (§ 19-7-22), which alone gives a father custody/visitation rights. Parents may sign a Paternity…
- How does the adoption process work in Georgia?
Georgia adoptions are governed by O.C.G.A. § 19-8-1 et seq. (revised in 2018). A birth-parent surrender under § 19-8-9 cannot be signed earlier than 24 hours after birth and is…
- Are prenuptial agreements enforceable in Georgia?
Georgia has NOT adopted the UPAA. Prenups are governed by Scherer v. Scherer (1982), 249 Ga. 635, which set the three-part test: no…
- How do I get a restraining order in Georgia?
Georgia offers Family Violence Protective Orders under O.C.G.A. § 19-13-1 et seq. and Stalking Protective Orders under § 16-5-94. Ex parte TPO issued same day on showing of…
Housing (8)
- What are tenant rights in Georgia?
Georgia has no security deposit cap or statewide rent control, requires deposit return within 30 days, allows immediate demand for possession on nonpayment (no statutory grace…
- What is the eviction process in Georgia?
Georgia requires a demand for possession (often 7 days for nonpayment) under O.C.G.A. § 44-7-50 before filing a dispossessory affidavit in magistrate court. Tenant has 7 days to…
- What must a home seller disclose in Georgia?
Georgia does NOT require a statutory seller disclosure form, but the doctrine of caveat emptor is tempered by a duty to disclose latent material defects the seller knows about…
- How do I dispute a security deposit return in Georgia?
Georgia landlords must return the deposit within 30 days of move-out (O.C.G.A. § 44-7-34), with an itemized statement of deductions. Bad-faith retention exposes a landlord with…
- How do I dispute an HOA assessment or fine in Georgia?
Georgia condos are governed by the Georgia Condominium Act (O.C.G.A. §§ 44-3-70 to 44-3-117) and HOAs may elect to be governed by the Property Owners' Association Act (O.C.G.A. §§…
- What is the eviction process in Georgia?
Georgia uses a dispossessory proceeding under O.C.G.A. §§ 44-7-50 to 44-7-59. The statute requires a demand for possession (no specific notice period for nonpayment), then a…
- What can I do if my landlord won't fix uninhabitable conditions in Georgia?
Georgia is one of the most landlord-friendly states. O.C.G.A. § 44-7-13 requires landlords to keep premises in repair, but tenants have no statutory rent withholding or…
- How do I resolve an easement or boundary dispute in Georgia?
Georgia adverse possession is 20 years (O.C.G.A. § 44-5-163) or 7 years with color of title (O.C.G.A. § 44-5-164). Prescriptive easement requires 7 years for private ways…
Estate (8)
- How do I make a valid will in Georgia?
Georgia requires the testator to be 14+ years old (one of the lowest ages) and of sound mind (O.C.G.A. § 53-4-10). The will must be in writing, signed by the testator, and…
- How do I create a power of attorney in Georgia?
Georgia adopted the Uniform Power of Attorney Act effective July 1, 2017, codified at O.C.G.A. §§ 10-6B-1 to 10-6B-79. POA must be signed by the principal, witnessed by one…
- How does probate work in Georgia?
Georgia probate runs 6-12 months under Title 53 of the Georgia Code. Georgia has not adopted the UPC. No-Administration-Necessary procedure under O.C.G.A. § 53-2-40 can avoid full…
- Can I disinherit my spouse or child in Georgia?
Georgia is one of very few states with NO spousal elective share; a competent testator may entirely disinherit a spouse subject only to a one-year support payment under O.C.G.A. §…
- How do I petition for guardianship or conservatorship in Georgia?
Georgia uses 'guardian' for the person and 'conservator' for the estate of both adults and minors under O.C.G.A. Title 29. Capacity standard is clear and convincing evidence of…
- How do I create an advance healthcare directive in Georgia?
Georgia replaced separate living will and healthcare POA with a single Advance Directive for Health Care (O.C.G.A. § 31-32-1 et seq.). Signature plus two adult witnesses required…
- How do I file a quitclaim deed in Georgia?
Georgia requires the grantor's signature plus ONE unofficial witness AND a notary (O.C.G.A. § 44-5-30, § 44-2-15). Record with the Clerk of Superior Court of the county where the…
- What is the homestead exemption in Georgia and how do I claim it?
Georgia's creditor homestead is $21,500 per debtor / $43,000 joint (O.C.G.A. § 44-13-100). Standard property-tax homestead is $2,000 off assessed value (O.C.G.A. § 48-5-44), with…
Traffic (6)
- How do I fight a parking ticket in Georgia?
Georgia parking tickets are governed by O.C.G.A. § 40-6-200 and local ordinances. Atlanta uses Municipal Court of Atlanta with a court date listed on the ticket (typically 14-30…
- How long do I have to register a vehicle in Georgia?
Georgia gives new residents 30 days to title and register under O.C.G.A. § 40-2-20. Purchased vehicles must be titled within 30 days. Documents include title, proof of GA…
- How do I get my driver's license reinstated in Georgia?
Georgia reinstatement after DUI requires a $200+ fee (O.C.G.A. § 40-5-67), DUI Risk Reduction Program completion, and SR-22. Georgia uses a 15-points/24-month suspension threshold…
- How do I fight a speeding ticket in Georgia?
Georgia drivers can pay, plead nolo contendere (once per 5 years to avoid points), or contest at trial under O.C.G.A. § 40-6-181. Super Speeder fee ($200) applies for 75+ mph on…
- What are the open container laws in Georgia?
Georgia O.C.G.A. § 40-6-253 prohibits any person from possessing an open container of alcohol in the passenger area of a motor vehicle on a roadway or shoulder. Misdemeanor, fine…
- What happens if I get a DUI in Georgia?
O.C.G.A. § 40-6-391 sets per se DUI at 0.08% BAC (0.04% commercial, 0.02% under-21). First DUI: 10 days to 12 months jail (24-hour minimum after credit), $300-$1,000 fine…
Civil Procedure (4)
- What is the small claims limit in Georgia?
Georgia Magistrate Court (small claims) hears cases up to $15,000 under O.C.G.A. § 15-10-2. Filing fees are typically $55-$92 plus service costs. Lawyers may appear. Cases are…
- What is the statute of limitations in Georgia?
Georgia civil limitations: personal injury 2 years (O.C.G.A. § 9-3-33), written contract 6 years (§ 9-3-24), oral contract 4 years (§ 9-3-26), property damage 4 years (§ 9-3-30…
- Can I get out of jury duty in Georgia?
Georgia requires US citizens, 18+, county residents under O.C.G.A. § 15-12-40. Active military, full-time firefighters, and EMTs may be exempt. Pay is set by each county…
- How do I legally change my name in Georgia?
File a Petition for Name Change of Adult in the superior court of your county (O.C.G.A. § 19-12-1), pay approximately $215 in filing fees, publish notice in the official county…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.