Legal Question in Civil Litigation in Georgia

I am the plaintiff in a civil law suit that was been filed by my lawyer in State Court in Georgia. The defendant (and his lawyer) has successfully eaten up a large chunk of time and legal fees by stalling and baseless counterclaims. My question is this:

Since the amount of the claim is under $15,000, can I drop the suit, and refile in small claims (aka Magistrate)?

Thanks.


Asked on 11/19/10, 8:31 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Obviously, you ask your lawyer questions about your case.

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Answered on 11/24/10, 8:36 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your lawyer is the one to ask.

However, to give a general answer, if you dismiss your claim and there is a pending counterclaim, the suit in the existing court continues against you, and you have no claim at all.

Only your lawyer would know if you could refile your claim in another court, but that would be foolish as then you would have two pending cases and even more legal fees.

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Answered on 11/24/10, 8:45 am


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