Legal Question in Banking Law in Georgia

Jurisdiction

I wish to bring suit against a bank. The bank is headquartered in North Carolina withbranches in Georgia and is regulated by the Federal Reserve. The actions which the bank took which cause me to bring suit were in a Georgia bank of the branch. Should the complaint be filed in Federal Court or State Superior Court??

Also, is there such a thing as a ''Complaint Form'' for filing in Federal or Superior Court.

Thank you.


Asked on 12/20/01, 11:18 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Jurisdiction

You can file in federal court if the cause of action arises under federal law and any other jurisdictional requirements are met. If it is a state law cause of action, you have to sue in state court unless the claim is for over $75,000 and you are a resident of a state where the bank has no branches (for diversity of citizenship, a bank is a citizen of every state where it has branches). I don't know about your state courts forms, but there is no such form for federal court. You should have a lawyer prepare your pleadings and represent you.

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Answered on 12/20/01, 11:41 am


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