Carrollton Georgia lawyers will tell you that in order to sue a municipality you need an ante litem notice. The ante litem notice is required as a condition precedent to bringing a lawsuit. It is necessary only to provide the municipality with enough information to enable it to conduct an investigation into the alleged injuries and determine whether the claim should be settled without litigation. Carrollton lawyers are well versed in the following statute:
§ 36-33-5. Written Demand Prerequisite To Action For Injury To Person Or Property; Time For Presenting Claim And For Consideration By Governing Authority; Suspension Of Limitations
(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.
(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.
(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.
(d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.
If you have a claim against a municipality contact a Carrollton lawyer today.
Saturday, November 13, 2010
Thursday, November 11, 2010
Conditions Precedent | Carrollton, Georgia lawyer
Carrollton lawyers know that wherever the law names a condition precedent to the bringing of an action, or the parties either expressly or by necessary implication, make a condition precedent in a contract, the condition must be complied with before an action will lie, unless it is waived, or compliance is prevented by some act of the defendant. Where a complaint generally alleges performance or occurrence of a condition precedent and the defendant denies that allegation only generally, unless the complainant insists on the right to a specific and particular denial via a motion to strike the general denial as an insufficient defense, the general allegation stands denied and the requirement of proof of performance of conditions precedent remains. Procurement of a certificate of authority to transact business is a condition precedent to a foreign corporation's capacity to commence or maintain any suit or proceeding in any court of this state. The subsequent procurement of the certificate and later refiling of an action dismissed for failure to procure the certificate will cure the original failure to comply with this condition precedent and a defense of res judicata will not lie to bar the second suit.
No demand is necessary as a condition precedent to the commencement of an action, except in such cases where the law or the contract requires that such demand be made. OCGA 9-2-6.
Carrollton georgia lawyers know that an action cannot be brought against any municipal corporation without first making a written demand upon the governing authority setting out the essential facts and recovery desired. § 36-33-5. Written Demand Prerequisite To Action For Injury To Person Or Property; Time For Presenting Claim And For Consideration By Governing Authority; Suspension Of Limitations
(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.
(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.
(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.
(d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.
No demand is necessary as a condition precedent to the commencement of an action, except in such cases where the law or the contract requires that such demand be made. OCGA 9-2-6.
Carrollton georgia lawyers know that an action cannot be brought against any municipal corporation without first making a written demand upon the governing authority setting out the essential facts and recovery desired. § 36-33-5. Written Demand Prerequisite To Action For Injury To Person Or Property; Time For Presenting Claim And For Consideration By Governing Authority; Suspension Of Limitations
(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.
(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.
(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.
(d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.
Wednesday, November 10, 2010
Actions based on illegal transaction| Carrollton, Ga lawyer
No cause of action for damages can arise out of an illegal transaction. No action can be maintained upon a contract growing out of an immoral or illegal transaction, when the transaction was not subsequent or collateral , but directly connected with the illegal act. The test to determine whether a demand connected with an illegal transaction is capable of being enforced at law is whether the plaintiff requires any aid from the illegal transaction to establish his case. Carrollton Georgia lawyers know that a contract for a contingency fee in criminal cases are void. Georgia courts have held that unmarried cohabitation is immoral consideration which renders a contract to share living expenses unenforceable. OCGA 13-8-2 was passed allowing certain commercial contracts in partial restraint to be enforceable if the provisions are deemed reasonable. Hire a Carrollton Georgia Lawyer if you believe that you have entered into an illegal contract and the other party is attempting to enforce the contract.
The following is the statute regarding contracts contravening public policy:
§ 13-8-2. Contracts Contravening Public Policy Generally
(a) A contract that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary;
(2) Contracts in general restraint of trade, as distinguished from contracts which restrict certain competitive activities, as provided in Article 4 of this chapter ;
(3) Contracts to evade or oppose the revenue laws of another country;
(4) Wagering contracts; or
(5) Contracts of maintenance or champerty.
(b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other namedindemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the indemnitee , or its, his, or her officers, agents, or employees, is against public policy and void and unenforceable . This subsection shall not affect any obligation under workers´ compensation or coverage or insurance specifically relating to workers´ compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy, including an owners or contractors protective insurance, builders risk insurance, installation coverage, project management protective liability insurance, an owner controlled insurance policy, or a contractor controlled insurance policy.
History. Amended by 2009 Ga. Laws 64, §1, eff. on the day following the ratification at the time of the 2010 general election of an amendment to the Constitution of Georgia providing for the enforcement of covenants in commercial contracts that limit competition
Amended by 2007 Ga. Laws 121, §1, eff. 7/1/2007.
Note: This section is set out twice. See also § 13-8-2, effective until on the day following the ratification at the time of the 2010 general election of an amendment to the Constitution of Georgia providing for the enforcement of covenants in commercial contracts that limit competition.
Also, keep in mind that if the illegal part of the contract can be separated from the legal parts of the contract than it might be enforceable.
§ 13-8-1. Contracts To Do Immoral Or Illegal Things
A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal.
Check out the west georgia criminal defense blog.
For general legal knowledge view the Georgia criminal lawyer blog.
Douglasville criminal defense blog
The following is the statute regarding contracts contravening public policy:
§ 13-8-2. Contracts Contravening Public Policy Generally
(a) A contract that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary;
(2) Contracts in general restraint of trade, as distinguished from contracts which restrict certain competitive activities, as provided in Article 4 of this chapter ;
(3) Contracts to evade or oppose the revenue laws of another country;
(4) Wagering contracts; or
(5) Contracts of maintenance or champerty.
(b) A covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith, purporting to require that one party to such contract or agreement shall indemnify, hold harmless, insure, or defend the other party to the contract or other namedindemnitee, including its, his, or her officers, agents, or employees, against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the indemnitee , or its, his, or her officers, agents, or employees, is against public policy and void and unenforceable . This subsection shall not affect any obligation under workers´ compensation or coverage or insurance specifically relating to workers´ compensation, nor shall this subsection apply to any requirement that one party to the contract purchase a project specific insurance policy, including an owners or contractors protective insurance, builders risk insurance, installation coverage, project management protective liability insurance, an owner controlled insurance policy, or a contractor controlled insurance policy.
History. Amended by 2009 Ga. Laws 64, §1, eff. on the day following the ratification at the time of the 2010 general election of an amendment to the Constitution of Georgia providing for the enforcement of covenants in commercial contracts that limit competition
Amended by 2007 Ga. Laws 121, §1, eff. 7/1/2007.
Note: This section is set out twice. See also § 13-8-2, effective until on the day following the ratification at the time of the 2010 general election of an amendment to the Constitution of Georgia providing for the enforcement of covenants in commercial contracts that limit competition.
Also, keep in mind that if the illegal part of the contract can be separated from the legal parts of the contract than it might be enforceable.
§ 13-8-1. Contracts To Do Immoral Or Illegal Things
A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal.
Check out the west georgia criminal defense blog.
For general legal knowledge view the Georgia criminal lawyer blog.
Douglasville criminal defense blog
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