Who may file a claim or have a claim filed against?

The party who electronically files a claim is referred to as the "Plaintiff." The party who is sued is referred to as the "Defendant." A claim must designate the proper Plaintiff(s) and Defendant(s). The determination of the proper party will depend on whether the party is a person or a business and how that business is set up. Failure to name the proper parties may result in an unsatisfactory judgment.

Individuals - If the party is a person, you should designate that party by his or her legal name.

Minors - If the party is a minor (under the age of 18), the proper party depends upon whether the minor is the Plaintiff or the Defendant. A minor may not be a Plaintiff directly, but must be sued through the minor's parent or legal guardian. Example: "John Doe, a minor, by Joe Doe, next best friend." A minor may be sued directly or through the minor's parent or legal guardian.

Businesses - If the party is a business, you must name the proper legal entity. The proper legal entity is determined by how the business is set up. You can contact the Georgia Secretary of State at (404) 656-2817 to get information on a corporation.

Sole Proprietorship - A sole proprietorship is a business owned by one person that is not in the form of a corporation. The person may or may not use a trade name in the operation of the business. In either case, the proper party is the individual owner. Example: "John Doe, individually and d/b/a John's Garage."

Partnership - A partnership is a business owned by two or more persons that is not in the form of a corporation. The proper parties are the actual partners. Example: "John Doe and Jane Doe, individually and d/b/a John's and Jane's Garage."

Corporation - A Corporation is a legal entity separate and distinct from its owners. The proper party is the legal name of the corporation. Example: "John's Garage, Inc." You can obtain information on a corporation from the Georgia Secretary of State by calling (404) 656-2817. You should determine the correct legal name of the corporation, the County in which its registered office is located, and the name and address of the Registered Agent.

Show All Answers

1. Are there any types of cases that cannot be filed in Magistrate Court?
2. Can I electronically file my case in the Magistrate Court?
3. Can the defendant file a late answer?
4. How do I electronically file my case?
5. How does one appeal a judgment?
6. How does one collect the award?
7. How does one prepare for the hearing?
8. How does the defendant know that he or she is being sued?
9. How does the plaintiff know that an answer has been filed?
10. Is there a cost to filing an answer or a counterclaim?
11. May I reschedule a court date?
12. The party who sued me actually owes me money. What can I do?
13. What do I bring to court?
14. What happens after the defendant is served with the Statement of Claim?
15. What happens if I file a case in the wrong court?
16. What is a default judgment?
17. What is the procedure for the hearing?
18. Where should I file my case?
19. Who may file a claim or have a claim filed against?