Legal Question in Credit and Debt Law in Georgia

You actually have to provide the city attorney with notice before filing suit. If it is a LEGITIMATE case, you would want to contact an attorney who specializes in governmental claims. States and government agencies are immune from certain lawsuits, so you will want to check that your case is exempt from this protection. Best Wishes.

Who do "you" serve with a lawsuit? "You" do not serve anyone, because you are completely incompetent and unqualified to do so. "You" hire an attorney to do it for you if you value your case. Speak with a lawyer before you completely screw up.

Or alternatively, you can go to law school and pass the bar exam. Good luck.

Before you can sue, you must serve written notice as per OCGA � 36-33-5:

Written demand prerequisite to action for injury to person or property; time for presenting claim and for consideration by governing authority; suspension of limitations

(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in subsection (b) of this Code section.

(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.

(d) The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.

Assuming that you have alrady done this and have counsel then:

OCGA � 9-11-4. Process

(e) Summons -- Personal service. Except for cases in which the defendant has waived service, the summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:

(5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof;

If you do not have counsel, get counsel if you can afford to do so. If you cannot afford an attorney, try Georgia's legal aid office or other entities (maybe the ACLU or a particular group like the NAACP or AARP or the law schools have clinics, depending on what your claim is based on). Posting here is not a substitute for legal evaluation of your case. While you are free to represent yourself, that is almost always a recipe for disaster. You will be held to the same standard as an attorney and you did not have the benefit of going to law school Moreover, judges have a bias against pro se litigants and it is like going to a knife fight with one hand tied behind your back and being armed with a toy pistol. You will be at a decided disadvantage without counsel.