QUESTION
How do I go about getting a court case against a business?
Asked on Mar 15th, 2017 on Civil Litigation - Georgia
More details to this question:
I ordered and paid for something from a company on Facebook and it has been five months and they will not send me the product nor a refund. I have the invoice and receipt showing I paid. I have found out that they just recently got a business license and they are located in Columbus GA which is 6 hours from me. I would like to take them to court because they won't even answer my emails to tell me what the problem is, but I don't want to be out money. Would they have to pay for my court costs and attorneys fees if I got an attorney? And would I actually need an attorney? One more thing is how do I go about starting a court case against them? Do I call the court house or a lawyer in their area or what do I do to get things rolling? Thank you!
1 ANSWER
Unless your contract or a statute implicated in your case provides for it, both of which are highly doubtful, you will not recover attorneys' fees on your claim, but there is no reason you can't handle this yourself. You may recover costs, but these do not include attorneys fees and are minimal. Speak to the clerk of the court of your local court about how to proceed without an attorney. It may be that because the defendant is out of your area, you will not be able to sue in small claims,which would mean you would have to sue in another court with higher costs, but you can still do it.
Answered on Mar 15th, 2017 at 12:12 PM