I work with an Incorporated Plumbing Company. We have a Corporation that owes us $2,000.00. My question is can we sue this company that is Inc.in small claims court or do we have to have an Attorney handle this.
1 reply
Sep 11, 2019
To file a case in small claims court, also known as a Magistrate Court in Georgia, the maximum amount of the claim can be is $15,000. This can be done with or without the assistance of an attorney, but representation is always recommended. Typically, before filing a claim, a formal written demand for payment must be sent first. Here's a helpful article to get started: How to Write an Effective Demand Letter.
In order to initiate the case, a sworn statement will need to be filed with the clerk of the magistrate court. This statement should include both parties' information, the amount of damages being sought, a brief statement describing the situation, and copies of the contract, recovery attempts, checks or receipts that have already been paid, and any other relevant evidence or information.
If the defendant is a business, the claim must be filed in the county where the business' agent is registered, This information can be found on through the GA Secretary of State website. The defendant will then be required to file a written answer or personally appear within 30 days.
Check out our Georgia Construction Payment Resources Page for more information on how to ensure you get paid what you've earned. Good luck!