O.C.G.A.

O.C.G.A. § 9-11-107 (2019)

Form of complaint for money paid by mistake

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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IN THE

STATE OF GEORGIA A.B.,

) Plaintiff

) )

v. C.D., Defendant

) )

Civil action File no.

) )

(Clerk will insert number.)

COMPLAINT The defendant C.D., herein named, is a resident of (street), (city), County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for money paid by plaintiff to defendant by mistake on June 1, 1966, under the following circumstances: (Here state the circumstances with particularity). Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).

Attorney for plaintiff

Address

History

(Ga. L. 1966, p. 609, § 107; Ga. L. 1980, p. 649, § 5.)

Annotations

Law reviews. - For article, ‘‘2013 Georgia Corporation and Business Orga-

nization Case Law Developments,’’ see 19 Ga. St. B.J. 28 (April 2014).

RESEARCH REFERENCES Am. Jur. 2d. - 61A Am. Jur. 2d, Pleading, § 31 et seq. C.J.S. - 71 C.J.S., Pleading, § 43 et seq. ALR. - Recovery of tax paid under unconstitutional statute or ordinance, 48 ALR 1381; 74 ALR 1301. Right to recover money voluntarily paid with knowledge of facts but under misap-

prehension as to legal rights or obligations, 53 ALR 949. Good faith in receiving payment made under mistake of fact as affecting its recovery, 87 ALR 649. Exception as regards payments to officers of court to rule preventing recovery back of payments made under mistake of law, 111 ALR 637.