Legal Question in Civil Litigation in Georgia

Properly naming defendant in small claims court

An oral agreement was reached between myself and a business man for lawn maintenance on two of his office properties 1) a real estate office and 2) an office park, LLC of which he is an officer. 2 svcs for the 2nd business were not paid. I filed a suit against the man (individually) and his attorney claimed wrong party identified and since his office mgr signed for it the judge said he was improperly served. Now I can re-file and need to know how to properly name the defendant in the suit. Since the oral agreement was between the two of us, I was suing him but since the actual property and where the checks for those services came from is an LLC, is it both the man and the LLC, or the LLC with the reg svc agent? Do I need to resend the demand letter to the new defendant? Can the man charge me with abusive litigation? If I rename the defendant without the man, how do I remove him as a defendant?


Asked on 12/03/01, 12:38 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Properly naming defendant in small claims court

Not enough facts to know. If your contract is with the LLC, then sue the LLC. But only you and the "man," know for sure. As for abusive litigation, tell his atty to read the rules on Magistrate Court. No claim for abusive litigation will lie in Magistrate Court. You have to be in State or Superior Court to carry an abusive litigation claim under 13-6-11, 9-15-14, 51-7-80, et. seq.

Hugh Wood

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Answered on 12/04/01, 11:57 am


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