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  1. #1
    Join Date
    Apr 2020
    Posts
    1

    Default Small Claims - File in Georgia or Co Do I Need to Appear

    I live in Colorado.
    Took a contract job from a company located in Georgia to Install a Digital Touchscreen for a Doctor's office out in Colorado. Approx 150 miles away from where i live.
    It's been 30 days ago. The company now is telling me that they are can not pay me, because of the COVID-19 issue and they have financial difficulties. They can't even tell a date when they are going to be able to pay me.
    I am afraid they are going to file for Bankruptcy and I'll loose my money.
    I would like to file at small claims court to get paid for my services before they go out from business.

    My question: Do I need to file in Georgia, where the company is located?
    Do I need to file in Denver, where I live? ( I was told not here)
    or Do I need to file at the county where I have completed the work?

    Someone told me I will have to file at the county where the company who gave me the work is actually located, So that will be Georgia.
    I have seen I can e-file, but do I have to appear in person at court? If yes, then can I request for reimbursement for the travel expenses?
    May I reposes the TV and everything I have installed at the doctor's office and sell to cover my work?
    Thank you!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,940

    Default Re: Small Claims - File in Georgia or Co Do I Need to Appear

    Someone told me I will have to file at the county where the company who gave me the work is actually located, So that will be Georgia.
    There's an exception to that. Colorado's "long arm statute" allows you to sue a non-resident if the person (business) transacts any business within Colorado.

    http://www.lrcvaw.org/laws/colongarm.pdf

    Small Claims rule 503 requires that you sue in the county where the defendant is located.

    https://www.courts.state.co.us/userf...s_rules(1).pdf

    To sue in Colorado means you cannot use small claims court but you can use the county or the district court to take advantage of the long arm statute.

    Unfortunately, regular court is more formal with more rules that may trip you up and you will, of course, be going up against the company's lawyer.

    If you decide you want to sue in Georgia you will have to appear and you don't get your travel expenses, nobody does.

    As for repossessing the equipment, no, not unless the owner of the equipment signed a contract allowing for it.

  3. #3
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    387

    Default Re: Small Claims - File in Georgia or Co Do I Need to Appear

    Quote Quoting tibby
    View Post
    I am afraid they are going to file for Bankruptcy and I'll loose my money.
    I would like to file at small claims court to get paid for my services before they go out from business.-
    To simplify this, even if you get a Judgment arguendo: 1. Try to collect. 2. They can still file bankruptcy and include your award amount as a creditor.

    The best course of action is to complain to an appropriate GA agency and the GA/city BBB, so it is on record. From the work described it can't be a large amount owed. I know a work ethic principle is involved here, not just money, but you can just write it off and move on if you wish.

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