Civil Suits|To Sue Or Not To SueBack to Civil Suits
The first step is deciding whether to sue. Remember, you must prove that the person or business you are suing owes you something. Do you have some proof of the debt such as a receipt, note, bill of sale, warranty or a witness? In deciding to sue, consider whether you have any evidence. In addition, in order for the Court to pass judgment in your case, you have to sue the correct entity (i.e., person, corporation). The person you sue is called the "Defendant". If the Defendant is an individual they must be a resident of the County. If you sue a sole proprietor of a business the sole proprietor must be a resident of the County. If the Defendant owns a business which is not incorporated (a sole proprietorship), and your claim is against the business, you may sue the person and the trade name he or she does business under in the county where the owner resides, regardless of where the business is located (i.e., John Doe dba ? doing business as - John's Grocery). You can usually find out the exact trade name as it is registered through the County Superior Court Clerk's office. You can personally go to the record room and look up this information. If the Defendant is a corporation, you must sue the corporation rather than someone who works for the corporation, and the business or the Registered Agent must be in the County. The Court or the Court Clerk cannot advise you on who to sue or if you have a good claim. A good place to check for a company's address for service is the website of the Georgia Secretary of State. You may also verify the corporate status of a business and obtain the registered agent's name and address for the corporation by contacting the corporation listing office of the Secretary of State (404) 656-2817.