In what county should a small claims action be filed?

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In what county should a small claims action be filed?

I paid a mobile mechanic $1200 upfront to work on my car. He started work but soon realized that he couldn’t fix the car. So he offered to give me a car he had but wasn’t using; he never gave it to me. I finally got fed up and asked him to just refund me the money that I gave him. I want to take him to small claims court. Where can I sue him – in his county or in mine? This all started 6 months ago.

Asked on June 25, 2011 under Business Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  For your convenience in filing documents with the court and the court appearance, it would be advisable to file your lawsuit in the county where you reside.  Have the defendant served by a process server, who is located in or near the city where the defendant (mechanic) is located to reduce the costs of the process server.  Your damages (the amount you are seeking to recover in your lawsuit) should include court costs.  Court costs include the court filing fee and process server fee.  You can find process servers listed under attorney services in the Yellow Pages or online.


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