Civil Liability for Theft in Georgia

Any owner of stolen personal property may bring a civil action for damages against the person that stole the property. Civil liability does not include imprisonment, but can result in the non prevailing party having to pay the prevailing party.  Monetary damages in such a case may include:

  • compensatory damages, including the value of the property and any other loss sustained as a result of the theft
  • liquidated exemplary damages in the amount of $150 or twice the value of the loss, if the value of the total claim is less than $5,000, and
  • costs of initiating and maintaining the action

The civil action may proceed if the following conditions are met:

  • the property owner provided a demand for payment of his or her losses to the offender at least 30 days prior to filing the civil action
  • the offender did not pay the amount demanded by the property owner, or otherwise enter into a payment agreement, within 30 days of receiving the demand for payment, and
  • the property owner did not file the civil action until at least 30 days following the date of service of the written demand for payment on the offender, or after the offender failed to make payment as agreed. 

If you or a loved one want to pursue monetary damages or be defended against a lawsuit for monetary damages, contact us without delay!

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

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Breach of Contract

A breach of contract is a failure, without legal excuse, to perform a promise. While this seems simple enough, the vast majority of business litigation stems from breach of contract. It seems that some companies simply don’t care to honor their contractual obligations and the only way for you to get relief is to sue them to enforce the contract and recover your damages.

In Georgia, the non-breaching party in a breach of contract case is entitled to recover “all damages that arise naturally and normally from the breach of contract.” Stated another way, the non-breaching party is entitled to recover all the damages that the parties to the contract envisioned would accrue if the contract was breached. In addition, the non-breaching party is entitled to recover all reasonable expenses incurred in complying with the contract and costs. In addition, the non-breaching party may recover attorneys’ fees and expenses of litigation if it can be proven that the contract was entered into in bad faith, was procured by fraud, or that the defendant (the breaching party) has been stubbornly litigious. Many times, this is referred to as a “so sue me attitude.” In essence, the breaching party is stating by its conduct, “I breached the contract with you but I am not going to pay you your damages. If you want to recover the damages I caused you by breaching our contract, sue me!” This is the exact type of situation in which Georgia law allows one to recover attorneys’ fees and expenses of litigation.

Many times, the measure of damages for breach of contract will be the value of the goods or materials furnished. However, in addition to monetary damages, a party injured by a breach of contract may elect to ask the Court to rescind (e.g., set aside) the contract. This most often occurs in situations in which the damaged party has been injured by a breach of contract and fraud. In this situation, the injured party seeks to have the contract rescinded so that it is not limited by restrictive clauses in the contract that may work to the injured party’s detriment. Once the contract is rescinded, the injured party can seek all damages allowed under the law, including actual damages, attorneys’ fees and expenses of litigation and and punitive damages, to the extent allowed by law. In addition, damages may be awarded along with rescission, if that will put the parties in the position in which they were in prior to the breach.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

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Police Brutality

Police officers are supposed to protect us from harm. Unfortunately, there are thousands of cases each year where the police violate civil rights protected by the U.S. Constitution, federal and state laws when causing harm by overstepping the limits of their authority. When an individual government officer or police officer violates these civil rights, it may give rise to civil liability under both state law claims and federal law under 42 U.S.C. §1983. Filing a police brutality lawsuit may permit the recovery of monetary damages for injuries due to police brutality in addition to attorney’s fees.  We represent victims of the following violations:

  • Police Brutality and Misconduct
  • False Arrest
  • Intimidation and harassment
  • Racial profiling
  • Sexual Abuse
  • Police Corruption
  • Physical Assault
  • Torture

Effective Representation

We understand how to effectively represent clients who have experienced police brutality.

There are very strict statute of limitations deadlines for police brutality claims. Thus, to protect your legal rights after you or your loved one has been a victim of police brutality, you should immediately contact us.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

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What Happens When Business As Usual Becomes Unfinished Business?

It has been well established for decades in Georgia law that the Plaintiff can plead alternative theories of both breach of contract and fraud and is entitled to pursue inconsistent remedies until judgment. “Affirmance of the contract by the defrauded party does not necessarily deprive him of the right to sue for damages for fraud, as the right to affirm and the right to fraud damages coexist.”

Under O.C.G.A. § 13-5-5, fraud renders contracts voidable at the election of the injured party. Fraud ordinarily gives injured party option either to rescind contract so induced, or, by affirming contract, to claim damages as compensation. 

What are the essential elements to show fraud? To prove fraud and deceit, you have to show: (1) that defendant made representations; (2) that at time defendant knew were false (or had what law regards as equivalent of knowledge); (3) that defendant made the representations with intention and purpose of deceiving plaintiff; (4) that plaintiff relied upon such representations; and (5) that plaintiff sustained alleged loss and damage as proximate result of the representations having been made. 

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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