The defendant is able to issue a claim against the plaintiff. 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.
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 is asking for non-monetary damages (like property), the court has to conduct a separate hearing to determine the dollar amount of the damages. The defendant has only thirty days to respond to the caim. Once this time period passes, the defendant is in “default.”
Can I hire an attorney for my Crisp County Small Claims Court case?
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. Sometimes, mediation is recommended or required before the judge will hear the case.
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.
Locations for Crisp County Small Claims Court
The magistrate court for Crisp County is located at:
510 N. 7th Street, Suite 105
Cordele, GA 31015
It can be reached by telephone at: 229-271-4728. The fax number is 229-271-4715. The magistrate judge is Chief Magistrate Stephen J. Ingram.
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. Either party may request a jury trial for purposes of the appeal (something which is unavailable at the magistrate court level). The appeal must be filed within thirty days of the court’s decision.
What are the procedures for filing a case?
The case begins with the plaintiff filing 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)
Include the amount of money you are asking for as the plaintiff
Detail why the defendant is being sued (and why this defendant owes the money)
Copies of all documents relevant to the claims (Keep the originals for your hearing)
How should I prepare for the hearing?
We recommend taking the following steps to prepare for your 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 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 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 Crisp County.
Can I file my case in Crisp County?
If you are suing a person, you must file the case in the County where they live. If the defendant lives in Crisp 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 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 Crisp County, file it here). The plaintiff must also pay a filing fee. 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. If an additional defendant is named in the action, there is an extra charge for serving the additional party. The extra charge is usually between $25 to $35 and caries by county. 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).
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. Crisp County Small Claims CourtIn Crisp County, small claims court is sometimes called magistrate court. If a dispute arises between parties that cannot be resolved, a party can file the matter 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.
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 mediation is successful, a plaintiff can still seek to recover court costs. 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 all parties are finished presenting their evidence, the court will render a decision. 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:
The court can allow defendant to put on his or her evidence and then issue a decision without hearing from the 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 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).
Which Types of Cases are Usually filed in Crisp County Small Claims Court?
Here are some examples of common case types which are filed in Crisp 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
Renter moves out and Owner fails to return deposit
Failure of a merchant to deal with faulty merchandise
A person who borrowed money refuses to return it
Business loses or damages personal property and refuses to pay
Automobile shop conducts unnecessary repairs or work on your car
