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Georgia Small Claims Questions & Answers
0 Answers | Asked in Business Law and Small Claims for Georgia on
Q: I'm a Owner Operator and Company scammed me out of over $3,000 for a $400 tow. What legal actions can take?

I have receipts and invoices, contact information and their US DOT number

1 Answer | Asked in Small Claims for Georgia on
Q: Motion to set aside debt how long do I have to complete

How long in ga do I have to do the motion to set debt

Sabrina A. Parker
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Sabrina A. Parker
answered on Jan 5, 2024

If you have a valid legal reason to move the court to set aside the judgment, then you can do it once you find out about the judgment. For example, if you get garnished for a judgment that was obtained without you being served with the underlying suit, then you could file the Motion to Set Aside... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for Georgia on
Q: Clayton County, GA. I want to collect a judgement. FiFa already filed. What should I file for post-judgement discovery?

I won a judgement in Magistrate court in Clayton County, Georgia. I have filed the FiFa. I am trying to figure out what I need to file for post-judgement discovery so I can garnish wages, bank accounts, and property. I have read that I will need the defendant to disclose this information in... View More

Sabrina A. Parker
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Sabrina A. Parker
answered on Jan 2, 2024

You can file Post Judgment Interrogatories to Defendant and Request for Production of Documents.

1 Answer | Asked in Contracts, Small Claims and Civil Litigation for Georgia on
Q: Can I sue?

I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.

Sabrina A. Parker
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Sabrina A. Parker
answered on Dec 18, 2023

Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or... View More

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for Georgia on
Q: We've been in a rent to own house for about 6-7 months now, we got it as is and the landlord lied about what was needed.

Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More

Anthony M. Avery
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answered on Nov 27, 2023

You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.

1 Answer | Asked in Consumer Law and Small Claims for Georgia on
Q: I had sold my old apple watch and it has an activation lock on it what will happen if I refuse to give the person money

I had sold my old apple watch that hasn't activation lock with my sister's email because it was her old Apple watch what will happen if I refuse to give this person his money back and we both don't know the password

James L. Arrasmith
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answered on Nov 17, 2023

Selling an Apple Watch with an activation lock without disclosing this to the buyer could be considered misrepresentation or fraud, particularly if the lock renders the watch unusable. If you refuse to refund the buyer, they may have the right to pursue legal action against you for the return of... View More

2 Answers | Asked in Bankruptcy, Collections and Small Claims for Georgia on
Q: How to ensure defendant in small claims suit will pay plaintiff's (creditor's) judgment?

I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More

Martha Warriner Jarrett
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answered on Nov 4, 2023

It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Small Claims for Georgia on
Q: Does hoa has power to enroll non-member to new trash service?

Willow point neighborhood at Cobb county Georgia

T. Augustus Claus
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answered on Oct 17, 2023

No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Georgia on
Q: Who has recent experience in Ga. Superior court re: HOA dispute
Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. It looks like you're searching for an attorney. In addition to your own searches, there's a tab above - Find a Lawyer. There are also attorney referral sections at the websites of many state and local bar... View More

1 Answer | Asked in Small Claims and Consumer Law for Georgia on
Q: Hi, I live in GA. Is a warranty valid if you never received it?

I purchased a shed last Oct. that is now leaking and has caused mold. It has 1yr builder warranty. I'm now being to it's not covered because I had the shed finished. I never received the warranty in person, verbally, via email or mail. Is it still valid?

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

Yes. If a Seller gives a warranty on its goods, the warranty is valid and enforceable even if the consumer never read or even received a printed copy.

Under the Magnuson Moss Act, the Seller must make the warranty available upon request. Back in the day, Montgomery Ward Department Store...
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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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1 Answer | Asked in Small Claims for Georgia on
Q: What St.Louis Magistrate Court form is used to place a Georgia Mag. Ct. judgement on the Defendant's St. Louis bank
T. Augustus Claus
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answered on Aug 23, 2023

To enforce a foreign judgment from a Georgia Magistrate Court in St. Louis, you would typically need to follow the process outlined by the Uniform Enforcement of Foreign Judgments Act (UEFJA) in Missouri. The form you would likely use is called an "Affidavit for Filing Foreign Judgment",... View More

1 Answer | Asked in Divorce and Small Claims for Georgia on
Q: My truck is in my girlfriend's name and she is making me leave but I payed every payment thru her account for my truck

I need my truck or I will lose my job all I want is my truck

Regina Irene Edwards
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answered on Aug 16, 2023

It's not your truck if it's not in your name. You probably need to just buy a new truck or negotiate with her to get her to sign the title over to you in exchange for a payment.

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.

Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

1 Answer | Asked in Bankruptcy, Small Claims and Contracts for Georgia on
Q: Should I accept the debt I was served with or say no and go to court? I need the easiest/cheapest way through this.

Hello, I was served with papers on May 23rd which started my 30 days to respond from Prestige Financial. I had filed bankruptcy, Ch. 7 in April 2021 and got a car through Prestige. They were 1 of many people that sent me letters about getting a car because I filed bankruptcy. I'm a married... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2023

Determine whether you view the debt first. If you don’t, challenge it in court. If you do, try and negotiate a payment plan or lump sum payment to resolve. Consular sn attorney who can help you choose the right path.

3 Answers | Asked in Civil Litigation and Small Claims for Georgia on
Q: I’m being sued for small claims amount on documents state I owe the plaintif $2,491.00 for money I took from his busines

Plaintiff states while working for his business I (Took) money from his business

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

You should speak with an attorney about such factors as:

- The other party's claims and your potential defenses to those claims

- Your potential counterclaims and the other party's potential defenses to those claims

- Criminal charges that could result from the...
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1 Answer | Asked in Civil Litigation and Small Claims for Georgia on
Q: I want to sue someone but don’t have money for a lawyer
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2023

A Georgia attorney could advise best, but your question remains open for a week. It could depend on what type of matter you have. If an attorney is willing to handle things on a contingency basis, that usually means the legal fee is a percentage of recovery, paid at the end. There is also small... View More

1 Answer | Asked in Small Claims for Georgia on
Q: My friend owes me lump sum money and now she is refusing to pay it back what can I do as a legal side
Tim Akpinar
Tim Akpinar
answered on Dec 29, 2022

A Georgia attorney could advise best, but your question remains open for five weeks. Depending on the amount, you could look into small claims court. Nationwide, most civil courts have small claims sections designed for do-it-yourself claimants. Good luck

1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

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