O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-11-108 (2019)

Form of complaint for money had and received

✓ 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 __________ 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 had and received from one G.H. on June 1, 1966, to be paid by defendant to plaintiff.

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, § 108; Ga. L. 1980, p. 649, § 6.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2006, a comma was inserted following "C.D." near the beginning of the form.

JUDICIAL DECISIONS

Cited in Dickey v. South Side Atlanta Bank, 118 Ga. App. 1, 162 S.E.2d 305 (1968); Department of Pub. Health v. Perry, 123 Ga. App. 816, 182 S.E.2d 493 (1971).

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

Notes of Decisions
Cited in 1 case, 1993–1993 · leading case: State Bd. of Educ. v. Drury, 437 S.E.2d 290 (Ga. 1993).
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State Bd. of Educ. v. Drury, 437 S.E.2d 290 (Ga. 1993). · cites it 2× “Appellees contend that, even if the individual Board members have a viable immunity defense to liability for damages under § 1983, the trial court nevertheless erred in basing its grant of summary judgment on that defense.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.