Legal Question in Family Law in Georgia

Attorney quit, Taxes not paid as ordered - house levied for sale

Temp Orders say husband must pay taxes - he hasn't paid land taxes in 3+ years. Tax Assessor placed levy on home and property and will advertise home and land for sale in 15 days. Last week my attorney had my files delivered to my doorstep with a letter stating she was quitting. Motion to withdraw was filed and it is now official that I have no attorney. I went to court clerk and filled out form to request an attorney be appointed. Clerk claims that since I own a home, I am not eligible for an attorney at no charge. However,according to O.C.G.A. � 15-11-6 (� 15-11-30):

J. Right to Counsel O.C.G.A. � 15-11-6 (� 15-11-30):

1. All parties are entitled to representation by legal counsel at all stages of the proceedings.

2. Counsel shall be appointed for indigent parties who desire representation.

How do I inform the clerk that according to this code, I am entitled to an attorney so that a motion of contempt can be filed and save my home from the tax assessor?? Part of my divorce is being heard in Juvenile court because husband filed a deprivation charge on me the day I was discovered near death last summer and the house was a mess.


Asked on 8/17/03, 10:30 pm

1 Answer from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: Attorney quit, Taxes not paid as ordered - house levied for sale

The Code section you are quoting deals only with cases involving adjudication of delinquency of juveniles in Juvenile Court(similar to criminal cases for adults in State or Superior Court). There is no general right to counsel in civil cases such as divorce. If you are indeed indigent, perhaps your local bar association has a pro bono list or perhaps you have a legal aid chapter in your county which may be able to help.

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Answered on 8/18/03, 11:48 am


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