Clay County Small Claims Court

Defendant’s Counterclaim

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 it is related to the initial claim and the amount asked for by the defendant is les than $15,000. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.

How do I appeal 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. 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 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. 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 caim. If the defendant fails to respond, the defendant is in default.

Is Clay County the “proper” County for my case?

The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Clay County, you may 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 the defendant is an unincorporated business (fancy for is not a corporation), file the case in the county where the business is physically located (ie. if the business is located in Clay County, file it here).
Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. This filing fee includes the cost for the clerk to serve one defendant. Filing fees vary county to county but are 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 Clay County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give legal advice. For example, a clerk could review your forms to make sure there is a signature where it is required but cannot tell you who you should name as a defendant. The clerk will also not be able to tell you whether he or she believes you will win your case.

When will my hearing date be?

In Clay 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.

Clay County Court Location

The Clay County magistrate court is located at:

P.O. Box 73

Fort Gaines, GA 39851

The magistrate judge is Chief Magistrate Judy M. Cooper. The telephone number for the court is: 229-768-2841. The fax number is 229-768-3047.

Clay County Small Claim courts may also be referred to as Magistrate Courts. These courts are used to resolve disputes if the parties are unable to resolve the dispute.
Small Claims courts handle cases where the amount in dispute is less than $15,000.00. Because of this, the disputes in this court are handled quickly and inexpensively.

Do I need to hire an attorney?

You may hire an attorney but you are not required to. You are able to file the case on your own, without the assistance of an attorney (again, the process was designed to be inexpensive). 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. 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.

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.

What are the hearing procedures?

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 a way for both parties to meet with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to both 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 parties are done, the judge will issue a decision (or judgment). The court may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant.
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
The court can continue the case to a later date
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.” We recommend making sure you attend the hearing regardless of whether you are the plaintiff or the defendant (regardless of whether you think the case is good or bad).

Which Types of Cases are Usually filed in Clay 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
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

Unnecessary repairs or work done on a car by a mechanic

Filing Procedures for Clay 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 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:

As the plaintiff, include your name, address, and telephone number (and your attorney’s if you retain one)(This is to ensure the court and other parties can contact you should the need arise).
Name and strees address of the defendant
Amount of money plaintiff is seeking (sometimes called damages)
Detail why the defendant is being sued (and why this defendant owes the money)
Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)

Preparing for the Hearing

Prior to the hearing you should:

Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
Communicate with any witnesses you intend to call to prove your case. Confirm they are available on the day of the hearing.
If a witness will not agree to appear, you need to subpoena them.
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 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. A subpoena can be obtained from the clerk’s office of the Magistrate Court for Clay County.