Bartow County Small Claims Court
What is a default judgment and why is it bad?
When a defendant fails to appear at the hearing or respond to the claim, the court can grant a default judgment. If it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 claim. Once this time period passes, the defendant is in “default.”
The defendant is able to sue 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. The counterclaim of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.
What are the hearing procedures?
Some counties require the parties to attempt to resolve the case through mediation before the court hears the case (assuming 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 the parties cannot agree to settle the case, the the court will hear arguments presented by the plaintiff and the defendant. 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.
If the plaintiff does not appear at the hearing, the court may do any of the following:
- Allow the defendant to present evidence and render a decision without hearing from 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.
How do I pick a hearing date?
The court selects the hearing date after the defendant responds to the claim in Bartow County. Hearing dates are usually 15 to 30 days after the date the answer was filed.
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 can file the case on your own (without retaining an attorney). 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). Sometimes, mediation is recommended or required before the judge will hear the case.
Can I file my case in Bartow County?
If you are suing a person, you must file the case in the County where they live. If the defendant lives in Bartow County, you can file the case in this County. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. In order to find the registered agent for service of process, contact the contact the Corporations Division of the Secretary of State either online or at 404-656-2817. If you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Bartow County, you can file here.
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). The filing fee includes the cost to serve one defenant. Filing fees vary county to county but are generally 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 Clerk for the Magistrate Court can direct you to the necessary forms (and review them for completeness) but is prohibited by law from giving legal advice. A clerk would be able to review your forms to make sure there is a signature in the appropriate blanks but will not be able to tell you which party you should sue. Also, the clerk will not be able to tell you if they think you will win.
How do I appeal a judgment?
If you are not happy with the court’s decision (and generally at least one party, sometimes both, are not satisfied with the judgment), the party may file an appeal (or ask a higher court to review the judgment). 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). The appeal needs to be filed within thirty days of the court’s decision.
Bartow County Court Location
The magistrate court for Bartow County is located at:112 W. Cherokee Ave, Ste 101 Cartersville, GA 30120
The court can be reached by telephone at: 770-387-5070 and fax at 770-387-5073. The magistrate judge is Chief Magistrate Thomas E. Moseley.
Defendant’s Time to Answer
After the case is filed, the clerk of the magistrate court serves the defendant with a copy of the claim along with a summons. The defendant has 30 days to respond or answer the claim.
Which Types of Cases are Usually filed in Bartow County Small Claims Court?
These are some examples of the types of cases that are filed in magistrate court:
- Renter does not or will not ay for damages to rental property
- A landlord wants to evict a tenant for failure to pay rent
- Tenant moves out and landlord refuses to return security 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
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Small Claims courts handle cases where the amount in dispute is less than $15,000.00. The process is designed to be quick and inexpensive.
Filing Procedures for Bartow Small Claims Court cases
A plaintiff (person who starts the claim or lawsuit) must file a sworn statement with the clerk of the appropriate magistrate court. The sworn statement simply spells out the claims made against the defenant and includes the facts on which the claim is based. The sworn statement should usually include the following:
- The name, address, and telephone number of the plaintiff (and attorney if there is one)(Make sure this is correct as this is how the court will contact you if there are any issues)
- 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)
- Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
- Contact any witnesses you need to call to prove your case and confirm that they will appear on the hearing date
- If a witness will not agree to appear, you need to subpoena them. Similarly, if you need additional documents that are not in your possession, you can issue a subpoena for the documents 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.
How do I prepare for the hearing?
Prior to the hearing you should:
You can obtain a subpoena from the Bartow County Clerk for the Magistrate Court.