Legal Question in Business Law in Georgia

Money owed

Writing on behalf of my husband:

Is there a way I can sue a company that owes our company $14334.000 for services rendered without coming out of pocket with money I do not have to for an attorney?

I am faced with losing my home vehicles, etc. because this company has not paid except once in March and that was only partial payment for services rendered.

We are talking from December 06 - Present in the AMT of $10,000 cashiers check.

Then again the owner paid with a $4000.000 check that bounced back in early April and has yet to settle these funds with my company.

Our company has sent a 10 day letter giving the demand for bounced check and associated cost to be settled. With the legal information that this is a felony on his company, and ultimately his, part. Which in the state of Georgia after the acceptance of the letter of 10 day notice, ( I sent it return reciept required, which he signed.

As of Friday May 11,2008 he is in complete violation and we can take a warrant out for his arrest.

We as a small new company have taken a massive hit and our personal lives/finances have been disrupted. My husband is trying to find work he has an MBA but has has unable to aquire a suffient job.

HELP!


Asked on 5/12/07, 3:56 am

2 Answers from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Money owed

You can sue the company in small claims court; however, the total value of the suit cannot exceed $15,000. Keep in mind that all magistrates court judgments are eligible for appeal; therefore, in the event that your debtor is legally savvy, they may file an appeal to put off collection. If they do appeal, that will be in state court and you will want to employ an attorney at that time.

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Answered on 5/12/07, 9:59 am
Jeff Kent Kent & Merritt, P.A.

Re: Money owed

Just a little clarification to what Sherry said. If the debt is owed to a company, you will probably be required to have an attorney even for magistrate court. While the Georgia Supreme Court stated that companies cannot represent themselves in courts of record but must have attorneys, some magistrate courts have still allowed companies to represent themselves while some do not. If your claim is strong, an attorney might be willing to take your claim on a contingency basis, but there are a lot of business and commercial litigation attorneys who do not take business disputes on a contingency basis.

I would be happy to answer any other questions you might have about the situation if you would like to contact my office at the e-mail address listed below.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 5/12/07, 10:51 am


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