Georgia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment

State:
Multi-State
Control #:
US-01678BG
Format:
Word; 
Rich Text
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Description

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A person may file a claim in Magistrate Court with or without an attorney. You may have an attorney represent you if you choose; this would be at your own expense.

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.

At the time of filing, the plaintiff must pay a filing fee of $54.00. The fee to serve one defendant is $35.00. Service for additional defendants increases the cost by $35.00 for each added defendant. Payments are accepted in cash, money order, cashier's check or other certified funds.

Jurisdiction. The Magistrate Court has jurisdiction to handle civil claims in the amount of $15,000 or less.

You'll have to bring it within the statute of limitations period for your particular case. For example, you'll have two years for injury cases, four years for property damage matters, and two and four years for oral and written contracts, respectively. If you don't file within this period, you lose your right to sue.

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.

Georgia Small Claims Court Process Quick FactsAnswerSmall Claim Maximum$15,000Deadline to File4 years ? Oral lease agreement 6 years ? Written lease agreementFiling FeeVaries by courtAppeal Deadline30 days

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.

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Georgia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment