Legal Question in Civil Litigation in Georgia
Followup to another question
I posted a question subject ''being sued for money allegedly invested in my car by another party'' and received a vague answer. As a followup to that question I wanted to point out that I live in Harris County, the plaintiff lives in Gwinnet County, and the case was filed and is being handled in Muscogee County. Is that legal/possible? I thought it had to be filed in the county the defendent lives in? The summons was served to me at my place of employment which IS in Muscogee County but I do not reside there. Thank you for any info.
2 Answers from Attorneys
Re: Followup to another question
See GA Code Title 09. � 9-10-30. Proceedings in equity generally; injunctions to stay pending litigation; divorce cases
All actions seeking equitable relief shall be filed in the county of the residence of one of the defendants against whom substantial relief is prayed, except in cases of injunctions to stay pending proceedings, when the action may be filed in the county where the proceedings are pending, provided no relief is prayed as to matters not included in such litigation, and except in divorce cases, venue in which is governed by Article VI, Section II, Paragraph I of the Constitution of this state.
Re: Followup to another question
Ordinarily, you are correct that suit must be filed in the county of your residence. You might want a local attorney to review what has been filed to see what is going on.