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. After that, the defendant has thirty days to respond or answer the claim.
What types of cases are filed in Decatur County Small Claims Court?
Here are examples of cases that are often found in small claims court:
Renter does not or will not ay for damages to rental property
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
A person who borrowed money refuses to return it
Business loses or damages personal property and refuses to pay
A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Default Judgments
If the defendant fails to answer the claim or appear at the hearing, the judge can issue a default judgment without hearing from defendant. If a default judgment is granted, the plaintiff is entitled to what he or she asked for in the action and 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 claim. If the defendant fails to respond, the defendant is in default.
What are the hearing procedures?
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 mediation is successful, a plaintiff can still seek to recover court costs. 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 (or all parties) are done presenting evidence, the judge will issue a decision. The court could award damages to the plaintiff, the defendant, or both depending on the merits 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.
continue the case.
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.” 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).
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. Sometimes, mediation is recommended or required before the judge will hear the case.
Hearing Date for my Small Claims Case
In Decatur 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.
Filing Procedures for Decatur 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. A sworn statement states the claims made against the defendant and includes the facts giving rise to the claim. The sworn statement should include the following details:
Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
Include the name and street address of the defendant (this is what the court will use 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 relevant documents regarding the claim (for example, any contracts, receipts, etc.)
Locations for Decatur County Small Claims Court
The Decatur County magistrate court is located at:
912 Spring Creek Rd.
Bainbridge, GA 39817
It can be reached by telephone at: 229-248-3014. The fax number is 229-248-3863. The magistrate judge is Chief Magistrate Ralph C. Smith, Jr..
Is Decatur County the “proper” County for my case?
If the defendant is a person, the case must be filed in the County where they live. If the person you are suing is a corporation, the case must be filed 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 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 Decatur County, file it here). The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). 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. 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, 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.
How do 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).
Communicate with any witnesses you intend to call to prove your case. Confirm they are available on the day of the hearing.
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 command from the court for a person or documents to appear at a certain time and date to give testimony or produce evidence. A subpoena can be obtained from the clerk’s office. Decatur County Small Claims CourtSmall Claims courts are also called Magistrate Courts in Decatur County. 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. The process is designed to be quick and inexpensive.
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 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 must be filed within thirty days of the court’s decision.
Defendant’s Counterclaim
Yes. 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 will likely be heard the same day as the plaintiff’s claim.
