Legal Question in Civil Litigation in Georgia

The defendant has not delivered the goods I purchased from him and I�d like to file a claim in Fulton County, GA Magistrate Court. I�ll be in Atlanta this week and this seems like a straightforward process but I do not know his exact name or his address.

My question is does the Magistrate court rules allow (1) filing of John Doe cases and (2) for third party subpoena of documents. I�d like to subpoena Wells Fargo, the cell phone carrier, and Craigslist to get the relevant information to complete the case filing. And if not, I�m guessing the rules of State Court would provide for such discovery? Or what other courts or paths might be available to me?

I think if he were served with a subpoena, he would refund the money.

Background:

I responded to a craigslist.org ad the defendant posted for an electronic airline voucher in May 2009. I live in California, and I believe the defendant lives in Georgia. While not the best judgment on my part, we discussed the best way to pay for the voucher was for me to deposit the $1,000 at a Wells Fargo branch in California that belonged to him in Georgia. I made the deposit, received confirmation from him about the deposit and I have not received the electronic voucher. I have since repeatedly called him and he sometimes answers the phone but hangs up on me and I have left various voicemail messages. All I know his telephone number and the Wells Fargo bank account number.


Asked on 11/03/09, 7:16 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

While you don't have to have his exact legal name, you will need to know where he resides to determine where to file suit and to have him served. Serving a subpoena on Craigslist is a much more complicated process and probably not worth it. However, they may provide certain information if you request it pursuant to your lawsuit.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Read more
Answered on 11/09/09, 1:49 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia