Legal Question in Civil Litigation in Georgia

Personal property damage. Friend of friend via text message wanted to use our 20'x32' party tent that was purchased for our daughters wedding. The agreement was they pick up and deliver it back along with 100.00 for the use of the tent. A week later we find out from someone else the tent was damaged. It took nearly a month to get a response for the individual and it was agreed to pay the lesser cost of 550.00 deducting the two years we have owned the tent. There has been no payment and just today they dumped the tent at another persons home requiring me to find a way to pick it up and inspect the total damaged amount. Should I proceed with small claims and what would I need?


Asked on 5/04/16, 6:39 am

1 Answer from Attorneys
Ralph Villani VILLANI LAW FIRM

File claim in magistrate court where friend of a friend lives (Savannah area?) and use those facts and ask for $15,000.00 (the maximum allowed) which will include a claim for stubborn litigiousness (he dragged the case out and made you file the lawsuit) , a theft by conversion claim (you allowed him to use your tent but he refused to return it after you demanded its return) and a claim for punitive damages (exemplary damages for his wilful and wanton actions and intentional tort of theft) and make sure you write those three claims in your complaint (make sure you also get pictures of damages for court to see) NOTE: that friend of friend will not be able to use $550.00 as limit to your damages as that amount was used to negotiate a settlement and cannot now be used against you by operation of law

Good luck

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Answered on 5/05/16, 5:27 am


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