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2018 Georgia Code 9-11-107 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 11. Civil Practice Act, 9-11-1 through 9-11-133.

ARTICLE 10 FORMS

9-11-107. Form of complaint for money paid by mistake.

IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) 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

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

Law reviews.

- For article, "2013 Georgia Corporation and Business Organization 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 A.L.R. 1381; 74 A.L.R. 1301.

Right to recover money voluntarily paid with knowledge of facts but under misapprehension as to legal rights or obligations, 53 A.L.R. 949.

Good faith in receiving payment made under mistake of fact as affecting its recovery, 87 A.L.R. 649.

Exception as regards payments to officers of court to rule preventing recovery back of payments made under mistake of law, 111 A.L.R. 637.

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