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Georgia Small Claims Magistrate Court Introduction

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So somebody owes you money, take them to small claims court right? Well not necessarily, taking an individual to court can sometimes become a very time consuming process and is sometimes completely unnecessary. First you should have a professional small claims attorney, send a demand letter on your behalf, on their Law Firm letterhead.

If trying to settle the dispute with demand letter, negotiation, and phone calls fail, then you or your attorney should prepare all the necessary documents for you to file your lawsuit. Every state has a special court set up to resolve cases that involve relatively small dollar claims.

In Small Claims Court of Georgia, the Magistrate court, is an informal court that handles money claims of less than $15,000. This court has jurisdiction to resolve civil claims up to $15,000. If your claim is for money in the amount of $15,000 or less, and you can bring the case in Georgia, your case qualifies as a Small Claims case. Any individual, business or corporation may bring a suit for the recovery of money when the amount requested is $15,000 or less. Here are some important guidelines to keep in mind before you file your small claims case:

If you are suing an individual: Make sure that you know the legal name and address of the individual you are trying to sue. The person you are suing has to receive the lawsuit before you can get into court. If you do not know their address, you will not know where to send the lawsuit.

If you are suing a formal business entity such as a Corporation or Limited Liability Company: You must use the company name as the name of the defendant. If the business you are suing is a partnership, or unincorporated business, and not an LLC, you must sue the owners of the business personally.

If you do not know the whereabouts or the physical address of the defendant(s), you should use a third party investigational service to obtain more information. Below are some easy and affordable online services:

1. PeopleFinder - Online People Search
2. InfoRegistry.com

Once the complaint has been filed, you, the plaintiff must make sure that the defendant gets properly served. Once the defendant has been served a proof of service must be filed with the courts. WARNING: If the defendant is not properly served, the case will get dismissed.

Although many people attempt to file or defend their own small claims cases, even small claims courts require the parties to follow the legal formalities regarding bringing your case, burden of proof and evidence. It is recommended that you use a qualified and professional attorney who specializes in Small Claims. The use of such an attorney is relatively inexpensive and often it may ultimately cost you nothing.

That's right - getting an attorney can be simple and cost effective because the money you spend on the small claims attorney may be added to the amount of the judgment against the defendant.

LegalCreation.com in the State of Georgia offers complete Small Claims filing and serving services, as well as small claim defense.

 

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