Clinch County Small Claims Court

Clinch County Small Claims Court

Default Judgments

When a defendant fails to appear at the hearing or respond to the claim, the court can grant a default judgment. If a default judgment is entered, the plaintiff is awarded the amount that was requested in the claim along with 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. Once defendant fails to respond, the defendant is in “default.”

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

In County cases, you may hire an attorney to represent you 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.

How can I file a claim?

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. 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)
  • Name and strees address of the defendant
  • The amount of money the plaintiff is requesting
  • 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.)
  • 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 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 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 defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
    • Postpone the case until 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.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.

    Can the Defendant sue the Plaintiff?

    The defendant is able to issue a claim against 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 will likely be heard the same day as the plaintiff’s claim.

    Clinch County Small Claims Court

    Clinch County Small Claims Court

    Clinch County Small Claim courts may also be referred to as Magistrate Courts. If you are unable to settle a dispute with a person or business, the matter can be filed in magistrate court.
    The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. Because of this, the disputes in this court are handled quickly and inexpensively.

    Clinch County Court Location

    The magistrate court for Clinch County is located at:

    P.O. Box 364
    Homerville, GA 31634

    The court can be reached by telephone at: 912-487-5523 and fax at 912-487-5507. The magistrate judge is Chief Magistrate Karleen S. O’Berry.

    Appealing 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 Clinch 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.

    Types of Cases Filed in Clinch 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
    • Landlord fails to return the security deposit to the tenant
    • A Merchant fails to address issues with faulty merchandise
    • Borrower refuses to make payments on a loan
    • 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.

How does the defendant learn of the case?

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. The defendant has 30 days to respond or answer the claim.

Can I file my case in Clinch County?

The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Clinch 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. 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). A portion of the filing fee is for the cost for the court clerk to serve one defendant. 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. 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.

Hearing Date for my Small Claims Case

The court will select a hearing date after the defendant files an answer to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.

Preparing for the Hearing

The following steps are recommended to prepare for the hearing:

  • Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
  • 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 you need to bring in a witness to prove your case and the witness is not being cooperative with you, 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. A subpoena can be obtained from the clerk’s office of the Magistrate Court for Clinch County.

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