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Where do I sue?

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MsShauna

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

In November until December 28 I was working for an employer and he never paid me for all hours worked. I sent numerous emails and have phone records showing that I continuously called him and he dodged me. He would constantly bounce checks with the other employees and barely paid them. Most of them were high school kids and young kids who didnt know any better.

I called th DOL and was told that they had to speak with him on the phone and if they couldnt get in touch with him I would have to sue him in small claims court.

Would I sue in my county? the county he lives? or the county the business was in? Also if he does not answer within the time given and I ask for a default judgement do I have to appear in court to get the judgement or just courier a motion? I now live 4 hours from where this happened.
 


cosine

Senior Member
Sue where the employment took place. You file the suit and serve the defendant (unless the court does the service there). Wait the time period for an answer (if he does, it most likely will be a general denial). Then file a motion to ask for a court date. If there was no answer, also file a motion for summary judgment. You'll either get the judgment or a day in court (show up or you lose).
 

MsShauna

Member
Ok thank you. Also when I called the DOL they know him because they said I'm not the only one he's done this too. He basically knew he couldn't pay people but continued allowing them to work under false pretenses. Can I recoup the money I put out trying to get this resolved? Do I sue him personally or sue the corporation he is doing business as? The corporation is registered Walton County but the location was in DeKalb County which county has jurisdiction?

I have been trying for months and was even understanding when he said his daughter was sick. I patiently waited until when I started emailing him he dodged me.
 
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