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In Georgia, how do I try to get TREBLE DAMAGES? What are the requirements for me to be awarded this? I've read differing "laws."

Sharpsburg, GA |

I have read about treble damages and the possibility of receiving 3X my actual monetary damages in civil cases in Georgia, but I am not finding specific, definitive instruction on how to ask for and receive this.

1) In Georgia, am I required to send a letter to the defendant stating that I will seek treble damages 30 days BEFORE I FILE suit? I have read that 30 days' written notice MUST be given, or I cannot ask for treble.

2) Or, do I just triple the actual damage amount and enter that tripled amount as the amount I am seeking, and proceed with suing for THAT amount, with no prior notice to the defendant?

3) If AFTER filing a suit, I learn that the defendant's behavior was more egregious than first realized, is there any way to amend the suit to ask for treble damages at THAT time?

Attorney Answers 2


  1. In Georgia, treble damages are only available for certain specific types of pleadings (such as recovering security deposits or funding bad checks). The requirements that the plaintiff must meet to obtain treble damages also depends on the nature of the complaint. (For example, security deposit damages only require asking for them within the complaint. Bad check damages require sending appropriate advance notice before filing a suit.)

    Your question does not provide any information about the nature of the complaint that you have. Therefore, it is not possible to give you more useful information/advice.

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.


  2. It depends on the type of civil lawsuit you are trying to file (ex: collecting on a bad check). Without more information it is impossible to answer your question. You may want to inquire of a qualified attorney in your area. You can find an attorney on this site: www.avvo.com.