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In the state of Georgia, In which court and how would i submit

application to the court to...
In the state of Georgia, In which court and how would i submit application to the court to decree a partnership dissolution (pursuant to 14-8-32 (a) (4)?
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8/1/2012
Law Educator, Esq.
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In claims against a partner or partnership in which plaintiff is a member, the Superior Court in GA has subject matter jurisdiction over those cases. See: Oliver v. Godley, 38 App. 66, 142 SE 566 (1928)].


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Customer reply replied 5 years ago

Paul, Thank you for your prompt response. Does this mean that I would have to file a claim or suit against my business partner as opposed to simply petitioning the Georgia Superior Court to dissolve the partnership?


 


This was an informal, unregistered partnership (two 50/50 partners) with <$30K in annual sales and the amount of money that my partner diverted from the partnership (that I'm aware of) was less then $4K, however since I have been locked out of all business and financial records and all incoming funds have been diverted from our business accounts and into the partner's personal accounts, I have no way of knowing the actual dollar amount. I can't afford to hire legal counsel, while my business partner can easily afford to. So, I don't want a prolonged legal battle, I just want the partnership dissolved so that I no longer am liable for the partnership or any taxes due on the partnership income that I don't have access to.


 


Thanks!

"petitioning the court" to dissolve is the same thing as filing suit. They are one of the same. If this is an unregistered partnership, you need should not have to sue for anything, you would give him a letter withdrawing from the partnership. If you want anything from the partnership, then you would have to sue your partner for your share. If he refuses to remove your name from any documents regarding the partnership, then yes, you have to file suit against him in court, which is the same thing as filing a petition to dissolve, and you can file it pro se.
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Customer reply replied 5 years ago

Thanks for your quick and thorough responses. I do have one last question. Would I file a suit in Superior Court in the county where I live (which was also the official address of the partnership with regards XXXXX XXXXX and federal tax identification numbers) or would I have to file in the Superior Court of the county where my former business partner resides.


 


Thanks again for your excellent service.

You would have to file in the court where the Defendant resides to obtain personal jurisdiction over him in the court. The court in his county would have that jurisdiction over him.
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