• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need advice about Small Claims Court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kbtreasure

Junior Member
What is the name of your state (only U.S. law)? Georgia

Hello! I need some advice about filing in Small Claims Court. I have a client who owes $2,784.00 on some equipment he purchased from me and it has been due since February of 2008. After sending many demand letters, calling, emailing - all of which have been ignored, I hired a collection agency to go after him. They informed me last month that they were closing the case because they were unable to get any response.

I sent a Final Demand Letter on June 15th, via certified mail, and it was received June 19th. In the FDL I requested payment be made in full, in 30 days.

I doubt this guy is going to pay, and I need to get my ducks in a row.

He is located in Chicago. I am in Atlanta, GA. Where (when it's time) do I file in Small Claims Court? We do our business here, the sale was made over the phone. I am unsure of what to do.

Thank you, in advance, for any help you can give.
 


racer72

Senior Member
Does your client have assets in your state? If the answer is no, you will have to file in his home state.
 

latigo

Senior Member
In view of the fact that the debtor is an out of state resident the essential question is whether or not Georgia can exercise personal jurisdiction and issue a personal money judgment.

Inasmuch as it is unlikely that service of process can be had within your state’s borders, the only recourse other than filing suit in Illinois would be to rely on the “transaction of business” clause in Georgia’s long arm statute.

The question then will probably rest on who initiated the telephone call, the debtor or creditor.

Because there is strong case law precedent supporting the proposition that if the debtor placed the call to your place of business and initiated the purchase through that telephone call, and the goods were shipped from Georgia, then Georgia would have personal jurisdiction and woud be a proper forum.

(The same has been held true in cases of orders placed through the Internet giving the state of the supplier venue.)

[A quick search reveals an analogy as seen in Crowe v. Paragon Relocation Res., Inc., 506 F. Supp. 2d 1113, 1119 (N.D. Fla. 2007)

“The ‘minimum contacts’ requirement (’transaction of business”) is satisfied if the (out-of-state) defendant purposefully directs activities at Florida and litigation arises out of those activities, * * “]

However, I doubt that Georgia’s small claims division contemplates the complicated procedural process of obtaining an order allowing service of process outside of state. Which would mean that you’d need to file the case in a court up a level or two.

For that you will need to speak with an attorney, or perhaps the clerk of the small claims division in your county.

This is meant for information purposes only and not to be taken as legal advice. I’m several mountain ranges and climates removed from you beautiful state. Hot and humid, but beautiful.

Good luck

Sax
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top