The proper legal entity is determined by how the business is set up. You can contact the Georgia Secretary of State at to get information on a corporation.
Sole Proprietorship - A sole proprietorship is a business owned by one person that is not in the form of a corporation.
The person may or may not use a trade name in the operation of the business. In either case, the proper party is the individual owner.
The proper parties are the actual partners. The proper party is the legal name of the corporation. Example: "John's Garage, Inc. You should determine the correct legal name of the corporation, the County in which its registered office is located, and the name and address of the Registered Agent. Skip to Main Content. Loading Close. Do Not Show Again Close.
Sign In. Home FAQs. Show All Answers 1. Are there any types of cases that cannot be filed in Magistrate Court? Can I electronically file my case in the Magistrate Court? Can the defendant file a late answer? How do I electronically file my case? How does one appeal a judgment? How does one collect the award? If the defendant is unwilling to pay, the plaintiff may: Place a lien on the defendant's property, giving the plaintiff the right to sell the defendant's property to collect the money award.
The clerk of the court, when asked by the plaintiff, can place a lien on the defendant's property. A small fee is charged to place a lien. Garnish the employer or bank account of the defendant in order to seize the defendant's wages or bank deposits. The garnishment process allows the plaintiff to collect installment payments on the debt the defendant owes. The plaintiff must file a separate garnishment action and pay a filing fee. If you do not know the name of the defendant's bank or the location of other assets, you can file a post-judgment interrogatory.
Mail the form, which can be obtained from the clerk of the magistrate court, to the defendant, who must respond under oath within 30 days. Note that the defendant may close the bank account when advised of the pending garnishment, and then you would need to obtain information about any new account. Hire a collection agency to recover the money damages owed. These services can be costly and are usually based on a percentage of the money collected from the defendant.
How does one prepare for the hearing? Before the hearing date, both parties should: Collect all documents that would help to prove their case. Make extra copies for the judge and the other party. Contact any witnesses who have agreed to testify and inform them of the hearing date. Subpoena documents or summon witnesses to appear in court, if needed. A subpoena is a command to appear before the judge in order to give testimony or produce evidence. A subpoena can be obtained from the clerk of the magistrate court.
How does the defendant know that he or she is being sued? How does the plaintiff know that an answer has been filed? Is there a cost to filing an answer or a counterclaim? May I reschedule a court date? The party who sued me actually owes me money. What can I do? You have to provide facts on which your claim is based.
You do not need to provide details of the evidence that you will present at the trial, but you have to provide enough information so that defendants reading it will be able to know what the case against them is about. If you have documents that support your case, e. DeKalb County Courthouse N. We do not accept personal checks, debit or credit cards. View our fees. Please remember that the Clerk of the Magistrate Court can help the plaintiff complete the necessary forms but cannot give any legal advice, such as whom to sue or whether or not the plaintiff will win.
You can find more helpful information about small claims court proceedings, on the Small Claims FAQ page. If a party has witnesses, the party should bring them to the hearing. Written statements may not be accepted as evidence. If assistance is needed to obtain the attendance of witnesses, a request for subpoena form should be completed and returned to the Clerk of Magistrate Court along with the required fee. If you do not see the form you need, please access additional Magistrate Court forms and procedures from the Council of Magistrate Court Judges.
This program is provided free by the Council of Magistrate Court Judges for the public to use and print forms. The program guides the user by questions and providing background information and definitions. At the end, the user may print off a form to take the Magistrate Court and file.
If a county has E filing available, that option will be available at the end of the program. Users may incur a fee for using E filing rather than filing in person. Skip to Main Content. Loading Close. Do Not Show Again Close. Sign In. Feature Links Small Claims. Venue You must file where the Defendant lives. The statement of claim should include the following: The complete name, address and phone number of the plaintiff and attorney, if he or she has one.
The complete name and street address of the defendant. The damages, or the amount of money or property the plaintiff is seeking. A brief statement explaining why the defendant is being sued, including the date s of the underlying incident s.
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