Candler County Small Claims Court

Candler County Small Claims Court

Small Claims courts are also called Magistrate Courts in Candler County. These courts are used to resolve disputes if the parties are unable to resolve the dispute.
The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. They are designed to quickly and inexpensively settle the dispute.

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 entered, the plaintiff is awarded the amount that was requested in the claim along with 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 a 30 day window to respond to plaintiff’s claim. Once this time period passes, the defendant is in “default.”

What types of cases are filed in Candler 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
• Renter fails to pay rent or Owner seeks to evict renter
• Tenant moves out and landlord refuses to return security 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

Preparing for the Hearing

The following steps are recommended to prepare for the 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 piece of paper completed by you and issued by the court which commands certain persons to appear in court and may direct them to bring documents with them or to produce evidence. You can obtain a subpoena from the Candler County Clerk for the Magistrate Court.
  

  Can the Defendant sue 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.

  How Much Time Does a Defendant Have 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.

  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 mediation is not successful, the case will proceed to the hearing. The court will also allow the plaintiff and defendant to question or dispute each other’s evidence during the hearing. 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 defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
  • continue the case.
  • 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.” 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).

  Candler County Court Location

  The Candler County magistrate court is located at:

  PO Box 27
  Metter, GA 30439

  The magistrate judge is Chief Magistrate Brent C. Carter. The telephone number for the court is: 912-685-5500. The fax number is .

  When will my hearing date be?

  In Candler 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 are the procedures for filing a case?

  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 describes the charges made against the defendant (the person or business that is being sued by the plaintiff). At a minimum, the sworn statement should include the following facts:

  • 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)
  • Include the name and street address of the defendant (this is what the court will use 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 documents relevant to the claims (Keep the originals for your hearing)

  Can I hire an attorney for my Candler County Small Claims Court case?

  In County cases, you may hire an attorney to represent you but are not required to do so. You can file the case on your own (without retaining an attorney). All cases are tried and heard before a judge, without a jury. You should remember that the procedures and rules for small claims court cases are designed so that a party should not need to have to retain an expensive attorney in order for their case to be effectively presented. Sometimes, mediation is recommended or required before the judge will hear the case.

  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. 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.

  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 Candler 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. (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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Candler County, you can file here.
  Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. The filing fee includes the cost to serve one defenant. The filing fee varies by each county but is generally between $45 and $55. If an additional defendant is named in the action, there will be an extra charge for the court to serve the additional party. This extra charge could be between $25 and $35.
  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. 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. The clerk will also not be able to tell you whether he or she believes you will win your case.