Question about motions and motion like things

NrawGa

New Member
Jurisdiction
Georgia
Backstory: Brought a house, seller signed a contract agreeing to certain repairs, lied that the repairs were completed, we are suing for the funds to get them completed.

The clerks at the court house try to help me as much as they can within the limits of what they are allowed to say to me.

Per the judge's request we gave our seller the opportunity to make things right. She has not. We were given two forms in court. 1. To mark the case settled if she had paid us and 2 to dismiss the case without prejudice of we had reached and agreement and she was going to pay us. Neither of these things happened. I called the clerk and was gently told about a "request for action" to the judge. I searched and poured over all the available forms on the courts website and couldn't find this form so I wrote a letter to the court titled "Request of Action". Didn't hear anything for a few months so I called. Was told it was a motion I'd needed to do but that it might be too late to file that now but that there maybe something else I can file instead (she could not come out and tell me what the other thing was specifically, which I understand) She also made mention to dismissing and refiling but again said something about this other thing I might be able to file. Honestly I had completely forgotten about this site and spent hours HOURS pouring over the internet trying to figure out what this "other thing" might be. What could it be? Your most gracious help would be very much appreciated ladies and gentleman!
 
What could it be?

"IT" could be many things, or "IT" might not exist at all.



Your most gracious help would be very much appreciated ladies and gentleman!


What is the amount of money in dispute?

If the amount is significant, why not meet with a couple local real estate attorneys?

Normally an attorney will speak with a potential client at no cost to evaluate your case.
That is also a good way to ask a few questions, perhaps plot a strategy.
Many times a person learns that what they believe could be a legal case is nothing more than another of life's annoyances.

Last point.

You are where you are because you made the mistake of not hiring an attorney to represent you during a real estate transaction.

If you ever purchase another home, ALWAYS retain an attorney to represent and protect your interests.

Never rely on a real estate salesperson to do anything but try to sell you something and take your money. A person selling homes is no more pure than a person selling cars, widgets, or cheap Rolex watches in the toilet of the local bus depot.
 
"IT" could be many things, or "IT" might not exist at all.






What is the amount of money in dispute?

If the amount is significant, why not meet with a couple local real estate attorneys?

Normally an attorney will speak with a potential client at no cost to evaluate your case.
That is also a good way to ask a few questions, perhaps plot a strategy.
Many times a person learns that what they believe could be a legal case is nothing more than another of life's annoyances.

Last point.

You are where you are because you made the mistake of not hiring an attorney to represent you during a real estate transaction.

If you ever purchase another home, ALWAYS retain an attorney to represent and protect your interests.

Never rely on a real estate salesperson to do anything but try to sell you something and take your money. A person selling homes is no more pure than a person selling cars, widgets, or cheap Rolex watches in the toilet of the local bus depot.
 
"IT" could be many things, or "IT" might not exist at all.






What is the amount of money in dispute?

If the amount is significant, why not meet with a couple local real estate attorneys?

Normally an attorney will speak with a potential client at no cost to evaluate your case.
That is also a good way to ask a few questions, perhaps plot a strategy.
Many times a person learns that what they believe could be a legal case is nothing more than another of life's annoyances.

Last point.

You are where you are because you made the mistake of not hiring an attorney to represent you during a real estate transaction.

If you ever purchase another home, ALWAYS retain an attorney to represent and protect your interests.

Never rely on a real estate salesperson to do anything but try to sell you something and take your money. A person selling homes is no more pure than a person selling cars, widgets, or cheap Rolex watches in the toilet of the local bus depot.




Its not a huge amount. A little over $4000. Which is a big deal to us. Even thought we don't have much disposable income, my spouse is a firefighter, we did try to contact a few attorneys and no one was really interested when they heard it wasn't $10,000 or $15,000. :( .

You're the first person ever to tell me about a real estate
Attorney. Its something I will for sure keep in mind next time because you are right, our realtor was really no help when all of this started happening three days before we closed.
 
our realtor was really no help when all of this started happening three days before we closed.


The real estate salesperson (fancy name for salesperson is realtor) sees you as prey.

You put dollars in the salesperson's bank account.

A salesperson is prone to puffing, which some people might call lying.

You can bring a case in small claims court, where the rules are simpler.

You can sue based on what is promised in the real estate sales documents.

There are many legal theories upon which you could sue someone, but in your case it seems to be founded upon breach of contract.

Small claims lawsuit in GA, your county:


Small Claims Court


Legal advice on Small claims court in Georgia – Page 1 - Avvo


Some citizens weren't too pleased with the court experience:


Best 30 Small Claim Court in Kennesaw, GA with Reviews - YP.com



More info on GA small claims process:

How to File a Small Claims Action in Atlanta, Georgia
 
You've already made the mistake of relying on vague information provided by a court clerk who is legally prohibited from giving (and who likely is not competent to give) legal advice. Don't compound your mistake: hire a lawyer who knows what he/she is doing.
 
Question? is it too late for me to file a motion?


The amount is dispute ($4k to $5K) dictates the matter belongs in small claims court.


Plaintiffs have time limits in which to file a civil claim, collectively called "statutes of limitations
Details on State Civil Statute of Limitations - FindLaw ."


The SOL for breach of contract matters in GA is 6 years in your case, as real estate contracts are always in writing.

Contracts Written: 6 yrs. §9-3-24 Oral: 4 yrs. §9-3-26

The purpose of these laws is to ensure that claims are made while evidence is still relatively vital, and to prevent the constant "threat" of a lawsuit long after the disputed event has occurred.

Georgia civil statute of limitations laws impose a two-year time limit for personal injuries and fraud, with a four-year statute of limitations for trespassing, debt collection, and injuries to personal property.
 
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