Sue a Business in Georgia Small Claims Court

Getting the Entity Name Right

Suing a business in Georgia Magistrate Court starts with identifying exactly who you are suing. Name the wrong entity and your judgment is unenforceable — even if you win, you cannot collect against assets that belong to a different legal person.

Georgia treats business entities differently depending on how they are organized:

Corporations and LLCs are separate legal entities. You sue the entity itself by its exact registered name. Search the Georgia Secretary of State Corporations Division database (free, online) to find the precise name, registered agent, and registered office address. The entity name on your Statement of Claim must match the Secretary of State records exactly — "Smith Contracting LLC" is not the same as "Smith Contracting Inc."

Sole proprietorships have no legal identity separate from the owner. If someone operates as "Quick Fix Plumbing" but the business is a sole proprietorship, you sue the owner personally: "John Smith d/b/a Quick Fix Plumbing." To find the owner, search the Clerk of Superior Court in the county where the business operates — Georgia requires sole proprietors to register trade names at the county level (O.C.G.A. § 10-1-490). There is no statewide trade name registry.

Partnerships are sued by naming the general partners individually. Check the Superior Court partnership filings in the county where the business is based.

Where to File

For an LLC or corporation, file in the county where the entity maintains its registered office — that address appears in the Secretary of State search results. You can also file in the county where the breach or injury occurred, if the entity has an office and transacts business there.

For a sole proprietorship, venue follows the owner's personal county of residence — not where the business physically operates.

Service on a Business

Service of process on a corporation or LLC must be delivered to the designated registered agent, or to an officer, director, or managing agent of the entity (O.C.G.A. § 9-11-4(e)(1)). You cannot serve a random employee at a storefront and call it done.

If the registered agent cannot be found at the registered office after a diligent search, you can serve the Georgia Secretary of State as a substitute under O.C.G.A. § 14-2-504 (corporations) or § 14-11-209 (LLCs). This adds processing time but keeps your case moving.

Service must be executed by the Sheriff, Marshal, or a court-appointed process server. As with any Magistrate Court case, you cannot serve the defendant yourself.

Business Entity Representation in Court

Here is where Magistrate Court differs from other Georgia trial courts. Under the general rule (Eckles v. Atlanta Technology Group, 267 Ga. 801), corporations must be represented by a licensed attorney. But Magistrate Court provides an exception: a non-lawyer officer, full-time employee, or designated business agent can appear on behalf of the entity, provided the entity submits a Designation of Business Agent form.

This works in your favor if you are the one being sued, but it also means the business you are suing can send an employee to defend the case without hiring a lawyer.

Common Mistakes

The most expensive mistake is suing a trade name instead of the legal entity. "Bob's Auto Body" is a marketing label. The entity behind it might be "Robert Johnson" (sole proprietor), "RJ Auto Services LLC" (an LLC), or "Johnson Automotive Inc." (a corporation). A judgment against "Bob's Auto Body" does not attach to any of those entities' bank accounts or property.

Spend ten minutes on the Secretary of State website and the county Superior Court trade name index before you spend $60–$120 on filing fees.

The Georgia Small Claims Filing Guide includes a defendant verification and venue worksheet to help you identify the correct entity and registered agent before filing.

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