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Georgia Small Claims Questions & Answers
4 Answers | Asked in Personal Injury and Small Claims for Georgia on
Q: Could I get any money from my motorcycle crash?

A car backed into me and hit me and my girlfriend on the back of a motorcycle and fled the scene. I had a friend chase them down and get a good description and their license plate. They caused only a small crack on my motorcycle. Could I still sue? My girlfriend’s back is sore and sore is my... View More

Michael W. Horst
Michael W. Horst
answered on May 26, 2025

Yes. You and your girlfriend have a personal injury claim for the bodily injuries you suffered in the collision. If you (or the police) are able to locate the at fault driver and his/her insurance company, you both can bring a claim against that insurance company. If the at fault driver is not... View More

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4 Answers | Asked in Personal Injury and Small Claims for Georgia on
Q: Could I get any money from my motorcycle crash?

A car backed into me and hit me and my girlfriend on the back of a motorcycle and fled the scene. I had a friend chase them down and get a good description and their license plate. They caused only a small crack on my motorcycle. Could I still sue? My girlfriend’s back is sore and sore is my... View More

James Clifton
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James Clifton
answered on May 27, 2025

Yes, if you suffered an injury and have sought or seek medical attention to determine the extent and severity of the injury, you can pursue a claim against the driver of the car. If you don't have health insurance, there are doctors that will treat your injuries without payment up front. They... View More

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4 Answers | Asked in Personal Injury and Small Claims for Georgia on
Q: Could I get any money from my motorcycle crash?

A car backed into me and hit me and my girlfriend on the back of a motorcycle and fled the scene. I had a friend chase them down and get a good description and their license plate. They caused only a small crack on my motorcycle. Could I still sue? My girlfriend’s back is sore and sore is my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2025

It's possible you could make claims through your insurance, depending on the terms of uninsured motorist protection. If the driver's identity materializes, that strengthens your position. Jurors dislike hit and runs. And if you have a motorcycle owner on the jury, even better. I hope you... View More

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2 Answers | Asked in Construction Law, Contracts and Small Claims for Georgia on
Q: Can I file a small claim in GA against an LLC for faulty fence construction?

I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would... View More

Kent Bailey
Kent Bailey
answered on Mar 14, 2025

I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in... View More

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1 Answer | Asked in Identity Theft and Small Claims for Georgia on
Q: My food stamp card was compromised when I placed a order online for groceries. Some how someone got my info

Also 1 other issue. On the 3 placed a order for delivery they sent to a different address and want refund my $

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. You've probably already done so, but making proper notifications could prevent future attempts to use the card info. It could be worth check financial records more closely for now, in the event that other... View More

1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: If defendant has 2 addresses in 2 states can you sue in both states and let the courts decide jurisdiction?

In an auto accident personal injury case, can the injured party sue the defendant in small claims court in the counties of 2 different states and attempt to have them served in both states counties if the defendant has addresses in both states and you are unsure which address they live at or is... View More

Michael W. Horst
Michael W. Horst
answered on Jun 24, 2024

There are two separate issues which you have combined in your question: Personal jurisdiction and service. Personal jurisdiction refers to a court's authority to adjudicate the rights and liability of the defendant. In an auto wreck case, a court has personal jurisdiction if the wreck... View More

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 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 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

1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Georgia on
Q: Which county to file small claims for unpaid rent in Georgia?

I live in Atlanta, GA, and rent out a property in Union City, GA. I entered into a month-to-month lease with a tenant, but she started missing rent payments. I waived her late fees during the second month, but she made only a partial payment in the third month and none in the fourth. She eventually... View More

James L. Arrasmith
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answered on Jun 11, 2025

First, check your lease’s venue clause. If it names a specific county for legal actions, you must file your claim there even if the property or tenant is elsewhere.

If the lease is silent or the clause is unenforceable, you can sue in the county where the rental property is located. Since...
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1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Georgia on
Q: How can I regain access to a vehicle I own solely, but my daughter refuses to share with me?

I purchased a vehicle jointly with my daughter, where she contributed $400 and I contributed $800, including covering all maintenance costs. The vehicle title is solely in my name. We had a verbal agreement to share the vehicle, but she has taken it and refuses to let me use it. I've tried... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're in a difficult and emotional position, especially when the disagreement is with your own daughter. Legally, because the vehicle title is solely in your name, you are considered the full owner of the car. A verbal agreement to share it doesn’t override legal ownership, and she has no... View More

1 Answer | Asked in Appeals / Appellate Law and Small Claims for Georgia on
Q: Clarification on bonds with stay of execution in SC appeal process.

In South Carolina, I was granted a motion to stay execution to keep my car during the appeals process. The judgment amount is $18,037. According to S.C. Code Ann 18-9-130(2), do I need to pay two bonds for this judgment amount, or does the plaintiff provide one bond while I, as the defendant, file... View More

James L. Arrasmith
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answered on May 14, 2025

You're right to want clarity here because the appeal bond process can be confusing, especially when it involves your property. Under South Carolina law, specifically S.C. Code Ann. § 18-9-130(2), it’s the appellant—meaning you, the one appealing—who typically provides the necessary bond... View More

1 Answer | Asked in Small Claims for Georgia on
Q: Need to know if a motion is needed to hire a private server after failed attempts in Fayette Magistrate's small claims court, GA.

I am trying to litigate against someone in Fayette Magistrate's small claims court in Georgia. We have filed the case, but the Sheriff's attempts to serve the defendant have failed, as they believe someone is inside the home but the defendant is refusing to answer the door. I've been... View More

James L. Arrasmith
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answered on May 14, 2025

In Fayette Magistrate's small claims court in Georgia, if the Sheriff has been unable to serve the defendant despite multiple attempts, hiring a private process server is often a practical next step. Typically, you do not need to file a formal motion with the court just to hire a private... View More

1 Answer | Asked in Small Claims and Contracts for Georgia on
Q: How to defend against a $7,000 small claims case over a plane ticket?

I am seeking legal assistance to defend a small claims case where the plaintiff is suing me for $7,000 over a plane ticket that cost $800. I initially booked tickets for a trip to Thailand, and the plaintiff paid her share for her ticket. After relocating for a job, I rebooked my flight from a... View More

James L. Arrasmith
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answered on Apr 15, 2025

Start by organizing all your documents—emails, payment records, credit card and bank statements, and any communication with the airline that shows you didn’t cancel her ticket or keep her money. You’ll want to create a clear, chronological outline of events to present your side logically and... View More

1 Answer | Asked in Arbitration / Mediation Law, Traffic Tickets, Collections and Small Claims for Georgia on
Q: Are no flashing school zone lights grounds for disputing a citation?

My car passed through a school zone when the lights weren’t flashing at an acceptable road speed, but I was cited by an automatic speed detection device. The school zone is denoted by flashing lights but they were not flashing. There is also no schedule for the camera to begin and end detection... View More

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2025

A Georgia traffic defense attorney could advise best, but your question remains open for a month. In many places, those zones have gone into 24/7 operation. It's possible that's the case - check with a local traffic ticket defense attorney or the entity that oversees enforcement for... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Small Claims for Georgia on
Q: Can you help me I feel like I was discriminated against at a truck stop and I wanna pursue legal action

I went to loves truck stop to get a refill on a cup of coffee I was denied the refill and fuel and they called the police on me I brought the cup in for the refill they said I didn’t I ask them to look at the camera they didn’t instead the cashier said she didn’t see me bring the cup in are... View More

James L. Arrasmith
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answered on Feb 8, 2025

That sounds like a frustrating and unfair experience, especially since you were following the usual process and had proof of your purchase. If you feel that you were discriminated against, you may want to gather all the evidence you have, including receipts, any witness statements, and any details... View More

1 Answer | Asked in Cannabis & Marijuana Law, Civil Litigation, Civil Rights and Small Claims for Georgia on
Q: Possessing legitimate cash with under oz of marijuana. Intent to distribute charges because so. What’s my rights?

I have Chect stubs and bank statements proving legitimacy and ownership.

James L. Arrasmith
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answered on Jan 5, 2025

You have the right to remain silent and not answer any questions from law enforcement without your attorney present. It’s important to exercise this right to avoid inadvertently providing information that could be used against you. You also have the right to request legal representation, and... View More

1 Answer | Asked in Business Law and Small Claims for Georgia on
Q: DO I HAVE TO RESPOND TO THE DEFENDANTS LAWYER IF I THE PLAINTIFF HAVE FILED THE COMPLAINT AS SMALL CLAIMS?
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a Georgia attorney, it could depend on the rules for the small claims court system you are using. But in most places nationwide, if the defendant's lawyer is making... View More

1 Answer | Asked in Small Claims for Georgia on
Q: Had loan from online loan company I went into default they sold my contract to 3rd party served me papers what to do now

I paid some but they want whole amount I started with to pay back

Sabrina A. Parker
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Sabrina A. Parker
answered on Sep 26, 2024

Typically most contracts have an "acceleration clause" that allows them to accelerate the full amount of the loan once you default. You may want to reach out to the assignee (3rd party who purchased account) and see if you can iron out a reasonable payment plan with them.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Georgia on
Q: Bought property which has a couple had rented n put trailer on I evicted them been 30 days no one has claimed trailer

Or moved it off my property what do I do next

James L. Arrasmith
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answered on Sep 9, 2024

First, check your local and state laws regarding abandoned property or vehicles, as these can vary significantly. Often, there is a specific process for handling abandoned trailers or personal property left on your land after an eviction. You might need to post a notice on the trailer and send a... View More

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