Banks County Small Claims Court

Which County do I file my case in?

If you are suing a person, you must file the case in the County where they live. If the defendant lives in Banks County, you can file the case in this County. If the person you are suing is a corporation, the case must be filed in the County where the registered agent for service of process is located. (Contact the Corporations Division of the Secretary of State either online or at 404-656-2817 to find out if a business is a corproation and the name and address of the registered agent). If the business you are suing is unincorporated, you should file the case in the County where the business is physically located.
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). This filing fee includes the cost for the clerk to serve one defendant. The actual filing fee varies amongst counties but is usually between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). This extra charge could be between $25 and $35.
The Banks County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give legal advice. For example, the court clerk would be able to review your completed forms to make sure your signature is in the appropriate blanks but is not able to tell you which defendant you should sue. The clerk will also not be able to tell you whether he or she believes you will win your case.

Preparing for the Hearing

We recommend taking the following steps to prepare for your hearing:

Make sure you have copies of all the documents you need for your case. Prepare copies to provide to the opposing party and the court.
Contact any witnesses you need to call to prove your case and confirm that they will appear on the hearing date
If a witness is not cooperative or is not willing to appear, prepare a subpoena.
If in preparing your documents you find that you need additional documents, you can subpoena documents from other parties as well.
A subpoena is a documnt which can be completed by you and issued by the court which commands a person to appear in court and may require them to bring certain documents to court as well.

A subpoena can be obtained from the clerk’s office of the Magistrate Court for Banks County.

Can I hire an attorney?

We cannot tell you whether or not you should hire an attorney. However, you may hire an attorney if you wish, but are not required to do so. You are able to file the case on your own, without the assistance of an attorney (again, the process was designed to be inexpensive). These cases are tried and heard in front of a judge, without a jury (again, they are designed so a party does not need to retain an expensive attorney to represent them in a case). Mediation is a tool that is sometimes used to help resolve a case without a trial. Some counties offer this as a service, and some counties require a case be sent to mediation prior to it being heard at a trial.

How Much Time Does a Defendant Have to Answer?

After the plaintiff files the claim, the magistrate court will serve the defendant with a copy of the claim (including the sworn statement) and a summons (with the date and time of the hearng) to appear in court. From that point, the defendant has thirty days to respond or answer.

What are the procedures for filing a case?

The case begins with the plaintiff filing a sworn statement with the magistrate court clerk in the proper county. The sworn statement describes the charges made against the defendant (the person or business that is being sued by the plaintiff). The sworn statement should usually include the following:

Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
Name and street address of the defendant (this is what the court uses to serve the defendant)
Amount of money plaintiff is seeking (sometimes called damages)
Explain why the defendant is being sued (and why the defendant owes the money)
Copies of all documents relevant to the claims (Keep the originals for your hearing)

How do I pick a hearing date?

In Banks County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.

What types of cases are filed in Banks County Small Claims Court?

These are some examples of the types of cases that are filed in magistrate court:

Tenant does not and will not pay for damages caused to rental which are in excess of security deposit
Renter fails to pay rent or Owner seeks to evict renter
Renter moves out and Owner fails to return deposit
A merchant refuses to repair, replace, or refund faulty merchandise
Borrower refuses to make payments on a loan
Business loses or damages personal property and refuses to pay
Unnecessary repairs or work done on a car by a mechanic

Default Judgments

If the defendant fails to answer the claim or appear at the hearing, the judge can issue a default judgment without hearing from defendant. If a default judgment is granted, the plaintiff is entitled to what he or she asked for in the action and court costs. An additional hearing by the court will be necessary if the plaintiff asked for something that does not have a specific dollar amount. The defendant has only thirty days to respond to the caim. Once defendant fails to respond, the defendant is in “default.”

Appealing a Judgment

If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal will be heard by either the state or superior court in the county. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). Appeals must be filed within 30 days of the judge’s decision.

Can the Defendant sue the Plaintiff?

The defendant is able to issue a claim against the plaintiff. This is called a counterclaim. The defendant can file this against the plaintiff’s original claim if the defendant’s claim is related to the plaintiff’s initial claim and the amount asked for by the defendant is less than $15,000. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.

Banks County Court Location

The magistrate court for Banks County is located at:

144 Yonah Homer Rd, Ste 10

Homer, GA 30547

The magistrate judge is Chief Magistrate Ivan Mote. The telephone number for the court is: 706-677-6270. The fax number is 706-677-6215.

Hearing Procedures and Mediation

In some counties, the court requires both parties to attempt to resolve the case through mediation before the court will hear the case (if the mediation is unsuccessful). Mediation is an attempt to try and settle the case without a hearing. Even if the parties agree to settle the case out of court, the plaintiff may still ask the defendant to pay court costs (costs for filing the case, serving defendants, any subpoenas issues, etc.). If mediation is not successful, the case will proceed to the hearing. The court will hear evidence and provide an opportunity for both the plaintiff and the defendant to introduce their evidence (and allow each side to comment on the evidence introduced by the other party). When both (or all parties) are done presenting evidence, the judge will issue a decision. The court could award damages to the plaintiff, the defendant, or both depending on the merits of the case.
The court has several options if the plaintiff does not appear at the hearing:

The court can allow defendant to put on his or her evidence and then issue a decision without hearing from the plaintiff.
Postpone the case until a later date
Dismiss the case

If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.

Banks County Small Claims Court