Cobb County Small Claims Court

Cobb County Small Claims Court

When will my hearing date be?

The court selects the hearing date after the defendant responds to the claim in Cobb County. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.

Locations for Cobb County Small Claims Court

The magistrate court for Cobb County is located at:

32 Waddell Street, 3rd Floor

Marietta, GA 30090

It can be reached by telephone at: 770-528-8924. The fax number is 770-528-8947. The magistrate judge is Chief Magistrate Frank R. Cox.

Procedures for the Hearing

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 an attempt to try and settle the case without a hearing. Even if mediation is successful, a plaintiff can still seek to recover court costs. In the event the mediation does not resolve the claim, the case will proceed to the hearing. 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.
• 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.

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. For the appeal, either party may request a jury trial (remember you aren’t entitled to a jury trial in magistrate court). Appeals must be filed within 30 days of the judge’s decision.

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. From that point, the defendant has thirty days to respond or answer.

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 describes the charges made against the defendant (the person or business that is being sued by the plaintiff). 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)
• The amount of money the plaintiff is requesting
• 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.)

Defendant’s Counterclaim

Yes. 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 of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.

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. 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. Once defendant fails to respond, the defendant is in “default.”

Can I file my case in Cobb County?

If the defendant is a person, the case must be filed in the County where they live. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. (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 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 Cobb County, file it 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. The extra charge is usually between $25 to $35 and caries by county.
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. The clerk will also not be able to tell you whether he or she believes you will win your case.

Types of Cases Filed in Cobb County Small Claims Court

Here are some examples of common case types which are filed in Cobb County Small Claims court:

• A tenant refuses to pay for damages which are more than the security deposit
• Renter fails to pay rent or Owner seeks to evict renter
• Tenant moves out and landlord refuses to return security deposit
• A Merchant fails to address issues 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
• A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.

How do 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).
• Contact any witnesses you need to call to prove your case and confirm that they will appear on the hearing date
• If a witness will not agree to appear, you need to subpoena them.
• If in preparing your documents you find that you need additional documents, you can subpoena documents from other parties as well.
• 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. You can obtain a subpoena from the Cobb County Clerk for the Magistrate Court.
  

  

  Cobb 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.
  The purpose of magistrate court is to resolve claims in an informal manner for any amount less than $15,000. 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 completely without the assistance of 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. Mediation is a tool that is sometimes used to help resolve a case without a trial. Some counties offer this as a service, and some counties require a case be sent to mediation prior to it being heard at a trial.