After the case is filed, the clerk of the magistrate court serves the defendant with a copy of the claim along with a summons. After that, the defendant has thirty days to respond or answer the claim.
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. 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.
Can I hire an attorney for my Early 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 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). Sometimes, mediation is recommended or required before the judge will hear the case.
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).
Communicate with any witnesses you intend to call to prove your case. Confirm they are available on the day of the hearing.
If a witness is not cooperative or is not willing to appear, 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 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.
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. A sworn statement states the claims made against the defendant and includes the facts giving rise to the claim. The sworn statement should usually include the following:
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
Include the amount of money you are asking for as the plaintiff
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)
Is Early County the “proper” County for my case?
The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Early 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. 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 could is usually between $25-$35 (to serve the added party). 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. 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.
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 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.
Which Types of Cases are Usually filed in Early County Small Claims Court?
These are some examples of the types of cases that are filed in magistrate court:
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
Tenant moves out and landlord refuses to return security deposit
A merchant refuses to repair, replace, or refund faulty merchandise
Borrower refuses to pay back money which was loaned
A dry cleaner will not pay for clothing which was damaged or lost
A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Locations for Early County Small Claims Court
The magistrate court for Early County is located at:
111 Court Square, Suite D
Blakely, GA 39823
The magistrate judge is Chief Magistrate Tonya Holley. The telephone number for the court is: 229-723-3454. The fax number is 229-723-5246.
Early County Small Claims CourtEarly 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. They are designed to quickly and inexpensively settle the dispute.
Hearing Procedures and Mediation
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 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. 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 (or all parties) are done presenting evidence, the judge will issue a decision. The judge may award damages to the plaintiff, defendant, or both depending on the facts of the case. 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.
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.
What is a default judgment and why is it bad?
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 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 this time period passes, the defendant is in “default.”
Hearing Date for my Small Claims Case
The court will select a hearing date after the defendant files an answer to the claim. Hearing dates are usually 15 to 30 days after the date the answer was filed.
