landlord-tenant disputes refusal to return borrowed property a business owner who refuses to provide a refund or who charges for work not performed
Also, no case can be brought which decides ownership or interest in real estate. You also cannot bring a case that asks the court to order the defendant to do some action or refrain from performing an action. In that situation, you need what is called an “injunction. ” An injunction can only be granted by a Superior Court. [3] X Research source Make sure you file your small claims action within the relevant statute of limitations. In every state, Georgia included, there is a time limit on how long you have to file a specific lawsuit. For most lawsuits, you must file your paperwork within two years of the problem arising. [4] X Research source Be sure you research the statute of limitations for your claim and file your suit on time.
If you are trying to sue a minor, you can choose to do so directly or through their parent or guardian.
Also find proof of payment. Look for cancelled checks or credit card/debit card statements. [5] X Research source As the plaintiff in the lawsuit, you have the burden of proving that the defendant wronged you in the way that you claim. Accordingly, if you claim that the defendant sold you a defective product, you need to produce the product and show that it is defective. It is insufficient to simply assert that something doesn’t work.
If you want to find a qualified attorney, then you should visit the Georgia Bar Association which publishes a pamphlet, “How to Choose a Lawyer,” which contains tips for finding a lawyer in the state. Costs may be a concern. If so, realize that Georgia allows attorneys to offer what is called “unbundled legal services. ”[6] X Research source This means that you can hire a lawyer to perform only certain tasks. Instead of taking over the entire case, the lawyer will only bill for what work you give him or her. If you want to meet with a lawyer only for advice, then call ahead and ask if the lawyer provides unbundled services. If you are low-income, then you should contact GeorgiaLegalAid. org, which provides free legal assistance to people who qualify. [7] X Research source
You need to sue a corporation in the county where the corporation’s registered agent is based. If the business is unincorporated, then you file in the county where the business is located. [8] X Research source To find the location of a registered agent, you should call the Secretary of State at 404-656-2817.
your name and contact information your attorney’s name, if applicable the defendant’s name and street address the amount of money you are seeking dates of the incidents underlying the lawsuit a statement of the dispute copies of relevant documents
Call ahead to find out acceptable methods of payment. DeKalb County, for example, accepts only cash, cashier’s check, or money order. They do not accept personal checks, debit cards, or credit cards. [12] X Research source Call the clerk to find out what methods of payment your county accepts.
You can also have witnesses testify on your behalf. Be sure to tell them the date and time of the hearing, as well as where it is located. If you are afraid that a witness will not show up to testify, then you can get subpoenas from the court clerk. [15] X Research source A subpoena is a legal document that commands the witness’s participation and attendance at trial. Ask the court clerk for how you can have your subpoenas served on the witness. You should request subpoenas as soon as possible. [16] X Research source
Women should wear a pants suit or skirt suit. Otherwise, you can wear a conservative dress or slacks with a nice blouse or sweater. For tips on how to dress for court, see Dress for a Court Hearing.
Before going into the courtroom, be sure to turn off all cell phones, tablets, and pagers. You do not want anything to ring while you are waiting for your hearing.
Small claims court hearings are more informal than trials. [19] X Research source For example, you probably will not follow the state’s rules of evidence. Although the hearing is informal, the judge will still expect you to act respectfully to the other party. Do not cut someone off or interject when it is not your turn to speak. If the defendant is presenting a witness, then you have to wait until your turn to ask the witness questions. Each party has an opportunity to cross-examine witnesses, so do not worry. [20] X Research source
Be sure to call the judge “Your Honor” and do not interrupt when he or she is speaking. If you do not understand a question, ask for further clarification. For more information on how to talk to a judge, see Address a Judge in Court.
Should the defendant not even show up to defend the case, then you can ask the judge for a default judgment. [23] X Research source If the judge can easily figure out your damages, then you may get a default judgment without a hearing. Otherwise, the judge may schedule a hearing to consider how much money you are owed. [24] X Research source
