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
Michael D. Birchmore
  • 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.

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