Contract Law Formalities In Fulton
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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.
If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.
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.
How do I file a complaint or petition in civil court? You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
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.
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.
There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.
Contractual formalities are there to serve as a guide to the parties against any unforeseen circumstances that may lead to litigation. They serve to protect the parties upon concluding a legally binding contract and serve as proof if a dispute of facts arises from the contract.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent.
