The best magazine
- 1). Determine whether Georgia has jurisdiction. Lawsuits can only be filed in small claims court if the state of Georgia has jurisdiction over the matter. The person you are suing must live in the county in which the lawsuit was filed, but suing a business is different. The business must either be incorporated in the county in which it is sued or the transaction over which you are suing must have occurred in the county. For example, you can sue a credit card company in Georgia small claims court if you opened the credit card account in Georgia. However, if the breach took place in another state, Georgia will not have jurisdiction. A landlord who breached a contract in Tennessee and lives in Tennessee cannot be sued in Georgia. Conversely, a landlord who moved to Tennessee after breaching a contract in Georgia can be sued in Georgia.
- 2). File the lawsuit in the magistrate court in the county in which the other party resides or conducts business. Go to the clerk's office and ask for the paper work to file a lawsuit. Simply fill it out and return it to the clerk. The court can also serve the defendant with notice of the suit if you ask them to. This saves you the trouble of hiring an independent process server. You will have to pay a filing fee, but you can recoup this expense if you win.
- 3). Gather all evidence. The court will need detailed evidence that your claim is valid. Communicate with the other party only in writing, and keep all emails, letters or text messages. If you speak with the other party on the phone or in person, take notes on the conversation and ask a witness to be present.
Source: ...