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Is small claims filed the same in or out of state? Atlanta…

Customer Question
Is small claims filed...

Is small claims filed the same in or out of state?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Atlanta Georgia

Lawyer's Assistant: What steps have been taken so far?

I contacted the insurance company, and gave them the accident report, an estimate of the damage from two different company. They want everything in detail to how long it would take to do the job to the price of a bag of cement the company’s I contacted gave material and labor they said that’s how it done.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My fence is destroyed, and my irrigation system may be damaged as well. Won’t know until the spring when the system is turned on.

Submitted: 1 month ago.Category: Legal
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Answered in 5 minutes by:
3/16/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks so much for your patience. So, I'm a little confused about your question; I noticed you're going through insurance, but you're asking about filing a lawsuit. Could you clarify for me a bit about what your main concern is?

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Customer reply replied 1 month ago
My concern is good2 go insurance company is the client insurance company. They have been giving me a hard time about paying for the damage that was caused to my property. I have to keep calling them asking them when will this case be resolved. Right now I am just frustrated and want to file a lawsuit.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see. If you were you to file a lawsuit, it would be in the state where the incident occurred or where the defendant lives if all of the defendants live there.

In your case though, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing on the grounds that they have been giving you a hard time about paying the damage and not resolving the issue. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared breach of contract letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

What other questions did you have for me today that I can help you out with:-)?

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Legal Eagle
Legal Eagle, Lawyer
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Satisfied Customers: 10,245
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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