lawsuit to collect debt

Lawsuits to collect debts are usually filed in state courts—and may be filed in small claims courts, depending on the amount of the debt and the small claims court’s jurisdictional limits (the maximum amount of a claim that can be filed in the court).

In Georgia, lawsuits to collect debts are typically filed in state courts, and the venue depends on the amount of the debt. For smaller debts, creditors may file a claim in small claims court, which in Georgia is known as Magistrate Court. The Magistrate Court has jurisdiction over civil claims that do not exceed $15,000. Claims that exceed this amount must be filed in either State or Superior Court. The process involves the creditor filing a statement of claim against the debtor, and the debtor is then served with a copy of the claim and summoned to appear in court. If the debtor fails to respond or appear, the court may issue a default judgment in favor of the creditor. It's important for debtors to respond to such claims to avoid default judgments, which can lead to wage garnishment, liens on property, and other collection actions.

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Creditor / Debtor