Jurisdiction:
Area of Law:
If an out of court settlement or mediation does not work out for a small dispute, you may consider filing a small claims case. In the state of Georgia, a small claims court is referred to as the Magistrate Court. The court has the jurisdiction to handle cases of monetary claims up to $15000.
The Magistrate’s Court handles cases involving property disputes, tenant and landlord disputes, faulty workmanship, and personal damages. However, the Magistrate Court may not entertain cases concerning professional malpractice, slander, libel, punitive damages and assigned claims.
An individual, business enterprise or a corporation may file small claims cases against another individual, corporation or business entity. In case of small claims cases, the litigant may present his case himself or if needed, he may take the help of a legal advisor at his own expense. You can find a legal advisor in Gwinnett County by looking at an online legal directory.
To begin with the procedure of filing claims, you may download the appropriate form from the Gwinnett County Magistrate Court’s official site. Before filling out the forms assess the damages accurately and get your facts straight. Obtain all the details pertaining to the defendant such as the full name, residential address and work address. In case the defendant is a corporation or a business enterprise, you have to use the officially registered name of the company as the defendant. If you are not sure about the actual address of the company, you need to obtain it from the office of the Secretary of the state of Georgia.
A statement of claim must be filed by the litigant at the clerk’s office of the Magistrate’s Court with a detailed description of the charges brought against the defendant. The claim can be filed in Gwinnett County only if the defendant lives in the county. In case the defendant is a corporate, the claim has to be filed in the county of the company’s registered agent, who handles such cases on behalf of the company.
After the claim is filed, the defendant will be served a copy of the claim and summons for appearing before the court, on behalf of the Magistrate’s Court by the constable, sheriff or process server. In return, the server shall have to submit a proof of the service of the summons to the court clerk. The defendant has to give a verbal or written response to summons of the court within 30 days, failing which the litigant can ask for a default judgment in his favor. The hearing is usually scheduled 15 to 30 days after the defendant’s answer.
For more information regarding filing of small claims cases visit http://www.georgia.gov/00/article/0,2086,5426814_39039081_39334516,00.html or
Comments
I purchased a vehicle from
Submitted by Waymon D Bradshaw on
I purchased a vehicle from luxury cars of gwinnett,llc.I went to dmv to register the car and was told that luxury cars of gwinnett didn't have a license therefore vehicle can't be registered.
I live in Forsyth county and
Submitted by Fred.hiler on
I live in Forsyth county and I purchased an 01 pickup truck from a dealer in Gwnnett county that did not have a current emmissions certificate. He was asking 5500 but took 4000 and noted on the bill of sale that I would be responsible for fixing the problem and sending him the certificate and the avolurm tax then I would receive the title and tag. The truck looked rougher than in the pictures but the insides looked farily good. I took it around the block and it seemed ok. On the way home I started hearing noises feeling vibrations and looseness.When upon turning on the cruise control I thought the transmission was no longer there. When I would turn hard right from a stop I heard a clicking noise. I realized I hadn't purchaced a reliable 5500 truck for 4000 that needed 1500 in engine repaires, but one that needed another 1500 and still wouldn't be reliable. It was worn out. The next day I called the dealer with my complaint and told him that I would like to return the vehical and get my money back. To which he said it's a done deal. I told him that I was willing to give him a little cash for his time and again was told it's a done deal.
The following weekend while giving the truck a tuneup. I came through notice how abused it had been. The air breather was caked with oil, the clutch fan had a chunk out of it as well as the radiator shroud, the spark plugs and wires looked like they had never been changed. The brake master cylinder was over-full the throttle body air tube was dryrotted. After the tuneup which didn't solve the problem I started noticing more and more damage and neglect. The truck was Brite yellow and has a dazzling effect but there wasn't a part on the truck that didn't have a scratch or a dent. Also the driver's door sagged, the tires were dry rotted, it only had rain gaurds on the driver's side and it had one grey back fender flair on the passenger side and a yellow one on the driver's side.the section where the tailgate fit was to wide and barely locked the tail gate with one cable in place. The inside smelled and when I replace the cabin filter it was apparent why. I wondered how could a dealer offer this truck for this price and not even give it a tune up or replace the filters or buy a set of rain gaurds for it and ask $5500. I thought wrong and made a mistake but after researching the emmissions issues I learned that by law a dealer or private party is not allowed to sell a vehical with out a current emmissions certificate period. There isn't a clause for they can if the buyer agrees to have it repaired to get one.
So I call him back and inform him I will be bringing the vehical back the next opportunity. And told him the done deal should of never been done. He said he has someone wanting to buy my truck and if i would show it. I told him it's not mine and for him to produce the title to me and I will. I drove the truck back to the dealer so he could sell it. He gave me a contract that I signed saying he would give me $3800 when the truck sells. The prospective buyer didn't show so he put the truck on craigs list that was a month ago. My car has since broke down and I told him I needed my money. He said he got it to pass emmisions and he hopes some one buys it soon. So I checked the ad and saw he was now asking $5999 for it. That enraged me to think of the way he was trying to make 2,200 dollars off what he was calling my truck and was willing to wait around for some one who want to go and look at a 17 year old truck for 5999 and then the buyer seeing it they wouldn't want it. They wouldn't even negotiate. I told him he shouldnt be asking so much and he started telling me about people talk down the price.
I'm want to take him to court and let them decide if the done deal should of been done and get my full 4,000 I paid. Even after I worked one weekend tuning it up he says he has to pay 200 for the title to be repaired and he wouldn't cut me any slack I'm tired of arguing and waiting and a car dealer using my money and my time to squeeze another dime out of the deal. The way I see it it all should of never be offered to happen to begin with. So anything I signed or agreed to is worthless. Do I have a chance.
Go public and get results.
Submitted by Thelma Reeves on
Go public and get results. Call a television station.
A friend of mine had a
Submitted by Thelma Reeves on
A friend of mine had a similar experience. He called Channel 2 and reported what happened. He was willing to go on camera. The reporter called the dealer. The next day he had a car to use until his car was repaired. It needed over $2000 worth of work done, in addition to the emission certificate. Go public and get results.