Help finding name of landlord in my state (lease, security deposit, foreclosure)

[AtlantaTrafficSucks]

I am in Georgia. I am having difficulty determining the entity to file a small claims against.


In order to file a small claim against them, I need their registered agent name and address.


The name on my lease is "HOLCOMB BRIDGE GA PARTNERS LLC."



I checked the Georgia Corporations division for this name:
https://ecorp.sos.ga.gov/BusinessSea...romSearch=True

The parent company is "Cortland," but for some reason they are using this foreign LLC.

1. Do I file the claim against the registered agent name and location?


Registered Agent Name: Corporation Service Company
Physical Address: 40 Technology Pkwy South, #300, Norcross, GA, 30092, USA


2. For those familiar with the process in Georgia, it looks like I need to file a claim and summons.


It looks like I can eFile?

http://www.magistratefulton.org/215/Small-Claims


Do I need to file a separate statement of claim and summons or is this in lieu of?



Very confused.

[AtlantaTrafficSucks]

I called the GA state Corporations Division and they said to use the Registered Agent name/address. The information would be forwarded to the foreign entity.


I am still not sure whether the eFile process works in lieu of the paper statement of claims and summon forms.

[Electrician4you]

You sue whoever the entity you signed the lease with is named on the lease. There should be a address that is on the lease to mail payments. The mailing address should be registered in your state

They are using a LLC because this way their liability and your claim stops at the LLC. I’m betting the LLC has absolutely no money to get in case you win. Its most likely leveraged close to or at 100% of the LLCs asset value. So suing them will most likely get you nothing or very little.
The reason companies put assets like that in LLCs is to limit their liability in case they get sued.

[AtlantaTrafficSucks]

Originally Posted by Electrician4you

You sue whoever the entity you signed the lease with is named on the lease. There should be a address that is on the lease to mail payments. The mailing address should be registered in your state

They are using a LLC because this way their liability and your claim stops at the LLC. I’m betting the LLC has absolutely no money to get in case you win. Its most likely leveraged close to or at 100% of the LLCs asset value. So suing them will most likely get you nothing or very little.
The reason companies put assets like that in LLCs is to limit their liability in case they get sued.

Hmm... I am glad you responded. The amount is limited (<$1k). The company markets themselves as "Cortland." Based on what you said, I looked in the lease and found this (please see attached):

This lease contract is between you the resident and us the owner:
HOLCOMB BRIDGE GA PARTNERS LLC

Name and address of the company authorized to receive notices or lawsuits:

Cortland Partners - 3424
Peachtree Rd. NE, Suite 300, Atlanta, GA
30326

Does this change anything?

There was a similar case where someone was trying to sue Orbitz, who also hides behind LLCs:

https://www.avvo.com/legal-answers/s...n-2943886.html

[AZ Manager]

You are going to spend a couple hundred bucks chasing less than $1k and even if you win it's going to take a couple hundred more to MAYBE collect. It sucks and they should pay what they owe but you gotta ask yourself if throwing good money at it is worth it in the long run. If it were me I'd probably chase it but I've got nothing better to do with my time.

As for your question you sue the named parties and you serve them at the address they have you, that's kind of the entire point.

[Electrician4you]

Originally Posted by AtlantaTrafficSucks

Hmm... I am glad you responded. The amount is limited (<$1k). The company markets themselves as "Cortland." Based on what you said, I looked in the lease and found this (please see attached):

This lease contract is between you the resident and us the owner:
HOLCOMB BRIDGE GA PARTNERS LLC

Name and address of the company authorized to receive notices or lawsuits:

Cortland Partners - 3424
Peachtree Rd. NE, Suite 300, Atlanta, GA
30326

Does this change anything?

There was a similar case where someone was trying to sue Orbitz, who also hides behind LLCs:

https://www.avvo.com/legal-answers/s...n-2943886.html

You sue Holcomb as they are the people you signed the contract. You send the notice to whatever address was provided in your lease.

$1000? What damaged you to the cost of $1000? This is a small claims case.

[parentologist]

I don't know why you are suing your LL in small claims, but if you have a legitimate claim, such as failure to return or give an accounting of your security deposit within the specified time frame, and you win, you can put a lien on the property, and include all your legal expenses to do so. Make sure that you ask for a high rate of interest in court on unpaid claims, because that way the lien can also include the interest. You'll get paid - someday he'll want to refinance or sell, and you'll get paid. Only way then you wouldn't get paid is if he were to let it go to foreclosure, and since real estate prices are rising, and the percentage of the value that can be financed is now probably less than 75%, unlikely that it would go to foreclosure.

[Steve19605]

You could state your case here and we could tell you your chances at least.

You question.

I would file as

HOLCOMB BRIDGE GA PARTNERS LLC
C/O Cortland Partners - 3424
Peachtree Rd. NE, Suite 300, Atlanta, GA
30326

Both parties agreed in the lease that is where service would be.