Dallas, GA asked in Consumer Law, Civil Litigation and Small Claims for Georgia

Q: where to file civil suit against a store in cobb cty that lost my $5k machine. They're registered in Augusta.

Due to the store manager's negligence or carelessness they actually gave my machine to another customer and claim they can't get that customer to bring it back. Evidently we both took our matching machines in to be serviced at the same time. They refuse to replace my machine with a new one, they have loaned me that customer's abandoned machine (same make and model) that has not been taken care of and has a lot of mechanical problems. I say they should give me my machine or replace it with a new one. The owner of the store, has registered the business in Augusta. He has three stores one in Augusta, one in Marietta and one in Duluth. I want to file in Cobb instead of Augusta. It appears that Georgia code 14-2-510 states that since the injury was done in their place of business in Cobb County, I can file in Cobb. Do you think i am correct?

1 Lawyer Answer
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Make sure that you are actually dealing with a c o r p o r a t i o n and not simply a "business." Corporations are actual legal entities that have been registered with the GA Secretary of State. Note that OCGA 14-2-510 addresses actual corporations. Registered with the state. Not just a business. If the company you have been dealing with is not an actual corporation registered with the state, then the venue requirements are going to be different.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.