§ 9-11-108.Form of complaint for money had and received
Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1980 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-108 provides a sample complaint for recovering money the defendant received from a third party but owed over to the plaintiff, alleging the transfer and the defendant’s refusal to pay it on, and seeking judgment for the sum, interest, costs, and attorney fees where applicable.
Full Text of § 9-11-108
Text size
IN THE ______________________ COURT OF ______________________ COUNTY
A.B., STATE OF GEORGIA Plaintiff ) ) v. ) ) Civil action C.D., ) File no. ______________________ Defendant ) (Clerk will insert ) number.)
COMPLAINT The defendant C.D., herein named, is a resident of ______________________ (street), ______________________ (city), ______________________ County, Georgia, and is subject to the jurisdiction of this court.
Defendant owes plaintiff $10,000.00 for money had and received from one G.H. on June 1, 1966, to be paid by defendant to plaintiff.
Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable).
______________________ Attorney for plaintiff ______________________ Address
Plain-English Summary
This form pleads a claim courts have long called “money had and received” — the defendant is holding funds that, in fairness, belong to someone other than itself. Here the money did not come from the plaintiff directly; it came from a named third party, with an understanding that it would be passed along to the plaintiff.
The complaint needs a single sentence beyond the residency allegation: the defendant received a stated sum from a named third party on a given date, meant to be paid over to the plaintiff, and has not paid it. The demand for relief tracks the article’s recurring pattern — the sum, interest, costs, and attorney fees where applicable.
This complaint has a direct counterpart later in the article: a sample answer that responds to this exact claim with a counterclaim for interpleader, filed by a defendant caught between the plaintiff’s demand and a competing claim from the third party who supplied the funds. Read together, the two forms show both sides of the same dispute.
Frequently Asked Questions
What must the complaint allege happened before the defendant received the money?
That a named third party transferred the money to the defendant, with the understanding that the defendant would pay it over to the plaintiff.
What relief does the sample complaint seek?
The sum received, interest, costs, and attorney fees where applicable.
Does the form identify who provided the money to the defendant?
Yes, the model complaint names a third party among its cast of parties as the source of the funds.
Is there a companion form elsewhere in this article that answers this exact complaint?
Yes. The article later includes a sample answer to this complaint that raises a counterclaim for interpleader.
How does “money had and received” differ from money lent?
Money lent flows directly from plaintiff to defendant, while money had and received involves funds that came from someone else and were meant for the plaintiff.
Amendment History
Ga. L. 1966, p. 609, § 108; Ga. L. 1980, p. 649, § 6.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as:georgia form complaint money had and receivedsample complaint money owed from third party georgiamoney had and received cause of action georgiageorgia complaint recover funds held by defendant