Bibb County Small Claims Court
How should I prepare for the hearing?
The following steps are recommended to prepare for the hearing:
- Ensure you have all copies of any documents you need for the case. You should make at least two additional sets of copies (one for the court and one for the other party).
- Speak with all witnesses you intend to call to support your case. You should confirm they are available and willing to appear on the hearing date.
- If a witness is not cooperative or is not willing to appear, prepare a subpoena.
- If you need additional documents for your case, you can issue a subpoena for those documents to obtain documents from other parties.
- A subpoena is a command from the court for a person or documents to appear at a certain time and date to give testimony or produce evidence. A subpoena can be obtained from the clerk’s office of the Magistrate Court for Bibb County.
What’s a default judgment?
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 a 30 day window to respond to plaintiff’s claim. If the defendant fails to respond, the defendant is in default.
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. After that, the defendant has thirty days to respond or answer the claim.Bibb County Small Claim courts may also be referred to as Magistrate Courts. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court.
The purpose of magistrate court is to resolve claims in an informal manner for any amount less than $15,000. The process is designed to be quick and inexpensive.
Can the Defendant sue the Plaintiff?
The defendant is able to sue the plaintiff (this is called a counterclaim). The defendant can file a counterclaim against the plantiff’s original claim if it is related to it, and the total money claimed 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.
When will my hearing date be?
In Bibb County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.
How do I appeal a judgment?
A party that is not satisfied with the judge’s decision can file an appeal of that 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). Appeals must be filed within 30 days of the judge’s decision.
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 Bibb County, you can file the case in this County. If you are suing a corporation, you must file your case in the County where the registered agent for service of process is located. 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 Bibb County, you can file here.
The plaintiff must also pay a filing fee. A portion of the filing fee is for the cost for the court 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 Bibb 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).
Filing Procedures for Bibb 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:
- Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
- Name and strees address of the defendant
- Include the amount of money you are asking for as the plaintiff
- Detail why the defendant is being sued (and why this defendant owes the money)
- Copies of all documents relevant to the claims (Keep the originals for your hearing)
Which Types of Cases are Usually filed in Bibb County Small Claims Court?
Here are examples of cases that are often found in small claims court:
- Tenant does not and will not pay for damages caused to rental which are in excess of security deposit
- A landlord wants to evict a tenant for failure to pay rent
- Renter moves out and Owner fails to return deposit
- A merchant refuses to repair, replace, or refund faulty merchandise
- Borrower refuses to pay back money which was loaned
- Dry cleaning business damages or loses items and refuses to pay for damage or loss
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Bibb County Court Location
The magistrate court for Bibb County is located at:111 Bibb County Courthouse 601 Mulberry Street Macon, GA 31201
The court can be reached by telephone at: 478-621-6338 and fax at 478-621-6470. The magistrate judge is Chief Magistrate William C. Randall.
Hearing Procedures and Mediation
Some counties require you to go to mediation before a hearing in front of a judge. Mediation is a dispute resolution tool designed to try and resolve the case by meeting with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to all parties. 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 takes in evidence and provides for all parties for an opportunity to present their case. 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:
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- continue the case.
- dismiss the case.
If the defendant does not show at the hearing, the court has the power to grant a default judgment against the defendant. It is called a default judgment because the plaintiff wins the case by “default.” It is strongly recommended you attend the hearing whether you are the plaintiff or defendant (regardless of whether you believe the case to be strong or weak).
Do I need to hire an attorney?
You may hire an attorney but you are not required to. 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.