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2018 Georgia Code 9-11-113 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

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

ARTICLE 10 FORMS

9-11-113. Form of complaint on claim for debt and to set aside fraudulent conveyance under Code Section 9-11-18.

IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D. and E.F., ) (Clerk will insert Defendants ) 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. (Add appropriate statement about domicile of defendant E.F.) 1. Defendant C.D. on or about ______________ executed and delivered to plaintiff a promissory note in the following words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); whereby defendant C.D. promised to pay to plaintiff or order on _____________ the sum of $5,000.00 with interest thereon at the rate of ________ percent per annum. 2. Defendant C.D. owes to plaintiff the amount of said note and interest. 3. Defendant C.D. on or about ______________ conveyed all his property, real and personal (or specify and describe), to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above-referred to.

Wherefore, plaintiff demands:

  1. That plaintiff have judgment against defendant C.D. for $10,000.00 and interest;
  2. That the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property;

(3) That plaintiff have judgment against the defendants for costs.

__________________________________ Attorney for plaintiff __________________________________ Address

(Ga. L. 1966, p. 609, § 113; Ga. L. 1980, p. 649, § 11.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 61A Am. Jur. 2d, Pleading, § 31 et seq.

C.J.S.

- 71 C.J.S., Pleading, § 43 et seq.

Cases Citing Georgia Code 9-11-113 From Courtlistener.com

Total Results: 1

Kesler v. Veal

Court: Supreme Court of Georgia | Date Filed: 1987-11-24

Citation: 362 S.E.2d 214, 257 Ga. 677, 1987 Ga. LEXIS 996

Snippet: suggested form provided by the legislature, OCGA § 9-11-113, indicates that the plaintiff may seek damages