Burke County Small Claims Court

Burke County Small Claims Court

Burke County Court Location

The magistrate court for Burke County is located at:

The magistrate judge is Chief Magistrate Sterling Wimberly. The telephone number for the court is: 706-554-4281. The fax number is 706-554-8772.

How does the defendant learn of the case?

After the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. After that, the defendant has thirty days to respond or answer the claim.

When will my hearing date be?

The court selects the hearing date after the defendant responds to the claim in Burke County. Hearing dates are usually 15 to 30 days after the date the answer was filed.

How can I file a claim?

The plaintiff (or person filing the action) needs to file a sworn statement with the magistrate court clerk in the proper county. 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 include the following details:

• 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)
• Include the amount of money you are asking for as the plaintiff
• 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.)

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 Burke 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. To find the registered agent, contact the Corporations Division of the Secretary of State either online or at 404-656-2817. 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). The filing fee includes the cost to serve one defenant. Filing fees vary county to county but are generally between $45 and $55. If an additional defendant is named in the action, there is an extra charge for serving the additional party. The extra charge could is usually between $25-$35 (to serve the added party).
The court clerk can direct you to the necessary forms and will check them for completeness once you have filled them out. However, the clerk is prohibited by law from giving 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. Also, the clerk will not be able to tell you if they think you will win.

Procedures for the Hearing

Some counties require you to go to mediation before a hearing in front of a judge. Mediation is an attempt to try and settle the case without a hearing. Even if the parties are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay court costs. 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 parties are done, the judge will issue a decision (or judgment). The judge may award damages to the plaintiff, defendant, or both depending on the facts 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.
• The court can continue the case to a later date
• The court can dismiss the case

If the defendant does not show at the hearing, the court has the authority to grant a default judgment against the defendant. The name comes from the fact that because the defendant does not show, the plaintiff wins the case by “default.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.




Burke 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. They are designed to quickly and inexpensively settle the dispute.

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.
• 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.

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.

A subpoena can be obtained from the clerk’s office.

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 completely without the assistance of an attorney. Small Claims court judges are heard and decided without a jury. Some courts utilize mediation as a tool to resolve a case without the time and expense of a trial. Some counties will even require a case to attempt to be settled at mediation prior to it being set for trial.

Can the Defendant File a Claim Against the Plaintiff?

Yes. 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.

Which Types of Cases are Usually filed in Burke 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
• Tenant fails to pay rent and landlord wants to evict tenant
• Renter moves out and Owner fails to return deposit
• Failure of a merchant to deal with 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
• Automobile shop conducts unnecessary repairs or work on your car

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 in the state or superior court of Burke County. For the appeal, either party may request a jury trial (remember you aren’t entitled to a jury trial in magistrate court). The appeal needs to be filed within thirty days of the court’s decision.

What’s a default judgment?

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. If the plaintiff asks for damages that are not measured in money (like specific property), the court will likely conduct an additional hearing to place a dollar amount on the value of the property (or item being asked for). The defendant has only thirty days to respond to the claim. Once this time period passes, the defendant is in “default.”