AMBER Alert Cancelled for Two Georgia Children
The AMBER Alert issued in North Carolina this morning for two missing Georgia children has been cancelled. The Clayton County Police Department in Georgia has advised North Carolina authorities that the children have been recovered safely.
Thursday, March 31, 2005
A Guide to Small Claims Court
Choosing A Complaint Form
Before you file your lawsuit, you must fill out a complaint form. The clerk of court has different complaint forms for different kinds of problems. The three most commonly used forms are:
* Complaint for Money Owed*
* Complaint to Recover Possession of Personal Property
* Complaint in Summary Ejectment (used by landlords).
* [The Complaint for Money Owed is described in detail in
the next section.]
If you want to get back some property which is in dispute, you should use the Complaint to Recover Possession of Personal Property. On that form, you as the plaintiff must say if you are a "secured party" or not. A secured party is usually a finance company or other institution of some sort rather than an individual. If you have a written statement that you may repossess property if payments are not made according to an agreed upon schedule, then you are a secured party.
Landlords use the Complaint in Summary Ejectment form to collect back rent or evict tenants. This form is fairly complicated to understand both for landlords (the plaintiffs) and tenants (the defendants).
If none of the standard forms suits your exact situation, you may write your own complaint. Be sure to state what your claim is and include the type of information.
How to Fill Out "Complaint for Money Owed" FORM
* Step 1. If you are filing the suit, put your correct full name as plaintiff, with your address and telephone number, if any. You must include the name of your county.
* Step 2. Put the person's full name being sued as defendant, with the address and telephone number, if any, and the county where the person lives.
If you are suing a business, you must find out if it is a corporation or not. If the business is a corporation, you list the correct name of the corporation as the defendant. Your complaint and summons must go to the "registered agent" of the corporation, or to an officer, director, or managing agent of the corporation. If the business is not a corporation, you list the owners of the business as the defendants. For more explanation of businesses as defendants, see the appendix.
* Step 3. List the name and address of your attorney, if you have one. If you don’t have an attorney, leave this blank.
* Step 4. List the county where you are bringing this lawsuit.
* Step 5. After "Principal Amount Owed," put the exact amount of money which you claim the defendant owes you. If you are claiming interest on this money, put that amount on the next line. Add the two figures to get the "Total Amount Owed."
* Step 6. In the sample complaint form, note the choices of boxes the plaintiff may use. You can check a box and fill in the information on the line next to the box. Or you can check "other" and describe the purpose of your suit.
* Step 7. Sign and date the complaint. If you have a lawyer, he or she may sign it.
Before you file your lawsuit, you must fill out a complaint form. The clerk of court has different complaint forms for different kinds of problems. The three most commonly used forms are:
* Complaint for Money Owed*
* Complaint to Recover Possession of Personal Property
* Complaint in Summary Ejectment (used by landlords).
* [The Complaint for Money Owed is described in detail in
the next section.]
If you want to get back some property which is in dispute, you should use the Complaint to Recover Possession of Personal Property. On that form, you as the plaintiff must say if you are a "secured party" or not. A secured party is usually a finance company or other institution of some sort rather than an individual. If you have a written statement that you may repossess property if payments are not made according to an agreed upon schedule, then you are a secured party.
Landlords use the Complaint in Summary Ejectment form to collect back rent or evict tenants. This form is fairly complicated to understand both for landlords (the plaintiffs) and tenants (the defendants).
If none of the standard forms suits your exact situation, you may write your own complaint. Be sure to state what your claim is and include the type of information.
How to Fill Out "Complaint for Money Owed" FORM
* Step 1. If you are filing the suit, put your correct full name as plaintiff, with your address and telephone number, if any. You must include the name of your county.
* Step 2. Put the person's full name being sued as defendant, with the address and telephone number, if any, and the county where the person lives.
If you are suing a business, you must find out if it is a corporation or not. If the business is a corporation, you list the correct name of the corporation as the defendant. Your complaint and summons must go to the "registered agent" of the corporation, or to an officer, director, or managing agent of the corporation. If the business is not a corporation, you list the owners of the business as the defendants. For more explanation of businesses as defendants, see the appendix.
* Step 3. List the name and address of your attorney, if you have one. If you don’t have an attorney, leave this blank.
* Step 4. List the county where you are bringing this lawsuit.
* Step 5. After "Principal Amount Owed," put the exact amount of money which you claim the defendant owes you. If you are claiming interest on this money, put that amount on the next line. Add the two figures to get the "Total Amount Owed."
* Step 6. In the sample complaint form, note the choices of boxes the plaintiff may use. You can check a box and fill in the information on the line next to the box. Or you can check "other" and describe the purpose of your suit.
* Step 7. Sign and date the complaint. If you have a lawyer, he or she may sign it.
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