Coweta County Small Claims Court
Coweta County Court Location
The magistrate court for Coweta County is located at:72 Greenville Street Suite 1200 Newnan, GA 30263
The magistrate judge is Chief Magistrate Joseph A. Wyant. The telephone number for the court is: 770-254-2610. The fax number is 770-254-2614.
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 in the state or superior court of Coweta County. Either party may request a jury trial for purposes of the appeal (something which is unavailable at the magistrate court level). Appeals must be filed within 30 days of the judge’s decision.
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. These cases are tried and heard in front of a judge, without a jury (again, they are designed so a party does not need to retain an expensive attorney to represent them in a case). 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.
Procedures for the Hearing
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.). In the event the mediation does not resolve the claim, 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 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.
If the plaintiff fails to appear at the hearing, the court may:
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- continue the case.
- Dismiss the case
If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.
Filing Procedures for Coweta Small Claims Court cases
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)
- Name and strees address of 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)
- Include copies of all documents relevant to the claim (perhaps a contract for the purchase of a product, or lease)(Keep the originals with you for when you appear at the court trial)
Which County do I file my case in?
The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Coweta County, you may 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. 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 business you are suing is unincorporated, you should file the case in the County where the business is physically located.
Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. A portion of the filing fee is for the cost for the court clerk to serve one defendant. The actual filing fee varies amongst counties but is usually 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 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).
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. From that point, the defendant has thirty days to respond or answer.
How do I prepare for the hearing?
Prior to the hearing you should:
- 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).
- 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.
- 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 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.
- 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
- Renter moves out and Owner fails to return 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
- Unnecessary repairs or work done on a car by a mechanic
A subpoena can be obtained from the clerk’s office.
Which Types of Cases are Usually filed in Coweta County Small Claims Court?
Here are examples of cases that are often found in small claims court:
When will my hearing date be?
The court selects the hearing date after the defendant responds to the claim in Coweta County. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.
Can the Defendant File a Claim Against the Plaintiff?
Can the Defendant File a Claim Against 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 it is related to the initial claim and the amount asked for by the defendant is les 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.
If the defendant fails to appear at the hearing or respond to the claim, the judge can issue a default judgment against the defendant. If a default judgment is granted, the plaintiff is entitled to what he or she asked for in the action and 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 this time period passes, the defendant is in “default.”
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.