You actually have 2 venue options. You can sue in Dekalb or Cobb, and it depends on which statute you use. If you use the "Long Arm Statute" (OCGA 9-10-91(2)), you should sue them in Cobb since that is the county where the accident happened. If you sue them under the Non-Resident Motorist Act (OCGA 40-12-1), you can sue in either Dekalb or Cobb. You have to follow specific rules for service, but most local courts will have a guide to suing in Magistrate Court that should explain the rules of service, and if they are still unclear, if you call the clerk of court they will be helpful. Good luck
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You can file your suit in DeKalb; however, if the defendant responds with a motion to transfer venue to Cobb since that's where the accident happened, it will likely be granted. If that motion is not filed upfront and he simply contests the suit on grounds of liability or damages, or both, the case will stay in DeKalb. Good luck.
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If a lawyer won't even let you say what you feel you need to tell him, then be glad you did not hire him. And, by the same token, make sure you listen to what the lawyer has to say when it is his time to talk. That way you can learn what he knows and learn about him as well. If you are going to either hire a lwyer or try to do this your self, I would suggest that you get started soon. There are time limitations and athere is the problem that memories will fade. Good luck.
I sense frustration and, perhaps, exasperation, in your words. Remember that lawyers are educated and trained to spot issues. That is what we do. We read or hear a fact pattern, and we spot the legal issues arising from those facts. Just because we are good at spotting issues does not mean that we can resolve any of those issues that we spotted. There are just too many factors and variables, and that is why you will hear "maybe" and "possibly" many times in response to questions on this site and elsewhere. The "answer," if one exists, is typically what some judge or jury says is the "answer." Sometimes the "answer" is what is agreed upon by the parties after negotiation. Sometimes it is what the lawyer determines after doing some research. I understand that you want an "answer," but, like I said, it may be impossible for anyone to give you an "answer" without more information, research, and investigation.
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