Permanent Injunction On Property In Fulton
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If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
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You can file a claim for which you are seeking $15,000 or less. If your claim exceeds $15,000 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, Superior Court.
An injunction can be prohibitory or mandatory. The usual distinction is that a prohibitory injunction requires no action and merely preserves the status quo, whereas a mandatory injunction requires the defendant to take affirmative action.
Mandatory Injunction : Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a Court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
An injunction can be prohibitory or mandatory. The usual distinction is that a prohibitory injunction requires no action and merely preserves the status quo, whereas a mandatory injunction requires the defendant to take affirmative action.
Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
There are two types of injunctions – an ex parte temporary injunction and a final injunction issued after notice to the respondent and a hearing. If the judge believes that you have been stalked and/or that there is an immediate and present danger of stalking, the judge may grant you an immediate ex parte order.
