Georgia Sample Letter for Alleged Payments Due from Defendant
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How to fill out Sample Letter For Alleged Payments Due From Defendant?
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FAQ
Georgia's Service of Process Rules In fact, only after the defendant has been properly served does the court have proper jurisdiction over the case. Should a plaintiff fail to properly serve the lawsuit upon the defendant, the lawsuit must be dismissed due to the court's lack of jurisdiction over the matter.
An intent to sue letter should have the addresses of both parties, a detailed description of the dispute, the settlement demand (e.g., payment amount, cease and desist, repair damages, etc.), the sender's contact information, and the deadline for the proposed settlement.
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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.
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. ... Garnish the employer or bank account of the defendant in order to seize the defendant's wages or bank deposits.
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.
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 (PDF) provides each party with the reason for the lawsuit.
While we can understand why it might make sense to write a letter to your judge explaining your side of the story, we have found that writing such a letter can have dire consequences for your case and in some cases, prevent you from filing similar motions in the future.
