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

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US-01678BG
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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.

Georgia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment is a legal recourse available to individuals who have encountered difficulties in recovering their deposited money from landlords or property owners. This legal action allows tenants to seek a resolution and potentially retrieve their funds through a small claims court in Georgia. Keywords: Georgia, complaint, small claims court, failure, refusal, return money, deposited, apartment, landlords, property owners, legal recourse, resolution, tenants, funds. Types of Georgia Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment: 1. Georgia Complaint in Small Claims Court for Failure to Return Security Deposit: When a landlord fails to return the security deposit to the tenant after the lease term completes or when the tenant vacates the apartment, the tenant can file a complaint in small claims court. This type of complaint aims to recover the full or partial amount of the security deposit. 2. Georgia Complaint in Small Claims Court for Refusal to Return Pet Deposit: If a tenant paid a pet deposit, but the landlord unjustly withholds it without any legitimate reason, the tenant can file a complaint in small claims court for the return of the pet deposit. Tenants may need to provide evidence showing that the apartment was left in proper condition and there were no damages caused by the pet. 3. Georgia Complaint in Small Claims Court for Failure to Return Prepaid Rent: In certain cases, tenants may have paid rent in advance for a specified period, such as mistakenly paying rent for a longer duration or being required to pay several months' rent upfront. If the landlord refuses to return the prepaid rent for any valid reason, the tenant can file a complaint in the small claims court in Georgia. 4. Georgia Complaint in Small Claims Court for Failure to Return Cleaning Fee: If a tenant has paid a non-refundable cleaning fee as a condition of tenancy, but the landlord unjustly refuses to return the fee after the apartment is returned in a clean state, the tenant can file a complaint in small claims court to seek the return of the cleaning fee. 5. Georgia Complaint in Small Claims Court for Failure to Return Holding Deposit: If a tenant has paid a holding deposit to reserve an apartment but decides not to proceed with the rental agreement due to unforeseen circumstances, and the landlord refuses to refund the holding deposit, the tenant can file a complaint in small claims court to recover the deposited amount. Remember, it is crucial to seek legal advice and understanding of the specific laws and regulations in Georgia before pursuing any legal action.

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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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To begin the process of filing a small claims case, you must first fill out a Statement of Claim Form and a Sheriffs Entry of Service Form. On these forms, you will put the name and address of the person or corporation you are suing, state the exact amount of money you are suing for and explain why you are suing. Find out which small claims court to use. · Fill out the complaint or petition. · Go to the court to file your complaint, and pay the filing fee. · Make copies of ...A landlord failing to return a security deposit. A merchant refusing to ... You may file a claim in magistrate court in your own name without an attorney, or ... You really need to find your receipt for the deposit. Without that, you will have lots of trouble. If your lease shows that a deposit was made, that is a start. If negotiations don't work, write the landlord a demand letter asking for the return of the deposit. Many states require this before you can sue in small claims ... You may personally file or mail the claim form to the Magistrate Court of Habersham County, located at 295 Llewellyn St., Clarkesville. Claims against ... Mar 31, 2023 — Learn how to take your landlord to small claims court, common lawsuits against landlords, and how to prepare for a small claims hearing. This Handbook provides an overview and answers common questions about Georgia residential landlord-tenant law. The information in this Handbook does not ... To file a complaint, you must fill out a form available online at: https://www ... If the landlord refuses to refund the security deposit, you may try to get ... Procedures for Filing a Statement of Claim · The complete name, address and phone number of the plaintiff (and attorney, if he or she has one). · The complete ...

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