Legal Question in Wills and Trusts in Georgia

I want to sue someone who sold my property without my consent, Can I find a free legal aid attorney that will take the case and pay them after the case is over or at least on a payment plan?


Asked on 10/27/11, 5:06 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all you posted in the wrong area of law guru (this area deals with wills and probate).

Selling something you own without your consent is a crime, so why didn't you simply get the offender arrested for theft?

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Answered on 10/27/11, 5:28 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

You won't likely find a legal aid attorney for a case like that. You might find a lawyer to take it on a contingency only if it involves significant value, a high likelihood of success and collection of a judgment. As far as a payment plan, you'll have to ask the lawyers you call, but most are pay as you go. SInce you have decided in two posts to include no facts about the issue, and posted in the wrong category, it is not possible to tell you mich more.

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Answered on 10/27/11, 5:30 pm

I don't know what was sold or its value. If the value is under $15,000 and the person who sold your belongings is in Georgia, try small claims court and doing it yourself. If you are too poor to the pay the filing fee, then the court will allow you to waive the fee. However, you need to make application to the court to waive the usual fee. Go to your local magistrate or clerk and see if they can give you the indigency petition.

You will not get a legal aid attorney for something like this. Legal aid typically only helps when it comes to divorce, child custody, landlord tenant, maybe immigration, and criminal law cases.

As noted by Attorney Ashman, this may be a crime but you don't relate all the details. It could be that there was no real criminal intent. I have found that depending on the circumstancwes, the police tell the victim that its a "civil matter" as they do not want to mess with it. So you can ask and see what they say.

Note that if it is indeed a criminal matter, you may or may not get your stuff back. You also may not receive reimbursement right away. Once the criminal wheels are set in motion, the person that sold your stuff will have to hire a criminal defense attorney or have one appointed. If that attorney can work a deal, he will do so. The deal may include restititution to you. If no deal is made, the person either pleads guilty/no contest or is tried. If the person is found guilty or pleads guilty, he is then sentenced. At sentencing, you can request restitution or this can be made as part of the sentencing order. What resources does the defendant have to pay?

A criminal conviction really carries serious consequences for the person who is convicted. All I am saying is that you really need to think about this BEFORE you invoke the criminal justice system.

This is not a contingency fee case so you have no chance asking a lawyer to wait until the end of the case. If you want a lawyer, some lawyers will either provide you with limited legal services or maybe do this pro bono (for free). Most lawyers are going to want a retainer (depends again on the value of the item and what kind of damages we are looking at here) and when that is gone, they will ask for more. So its a pay as you go, but whether the retainer is something you can afford I cannot say.

Your best bet, if this is under $15,000 is to try to do it yourself in small claims. If you lose, then you can always appeal to the state court and get a lawyer at that time.

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Answered on 10/27/11, 9:23 pm


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