Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

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 O.C.G.A. § 9-11-113

Total Results: 1  |  Sort by: Relevance  |  Newest First

Copy

Kesler v. Veal, 362 S.E.2d 214 (Ga. 1987).

Cited 23 times | Published | Supreme Court of Georgia | Nov 24, 1987 | 257 Ga. 677

...uffering greater consequences than the debtor who conveyed the property with the actual intention to defraud his creditors. The legislature never intended such an absurd and unequitable result. 4) The suggested form provided by the legislature, OCGA § 9-11-113, indicates that the plaintiff may seek damages from the debtor, have the conveyance to the taking party set aside and the judgment declared a lien on the property, and have a judgment against both defendants for costs....