Fulton County Small Claims Court
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.
When a defendant fails to appear at the hearing or respond to the claim, the court can grant a default judgment. If it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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.”
Which County do I file my case in?
If the defendant is a person, the case must be filed in the County where they live. 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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Fulton County, you can file here.
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). A portion of the filing fee is for the cost for the court clerk to serve one defendant. The filing fee varies by each county but is 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 could is usually between $25-$35 (to serve the added party).
The Fulton County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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.
Fulton County Court Location
The magistrate court for Fulton County is located at:T1605 Justice Center Tower 185 Central Avenue, SW Atlanta, GA 30303
The court can be reached by telephone at: 404-613-4433 and fax at 404-893-2616. The magistrate judge is Chief Magistrate Stephanie C. Davis.
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 simply spells out the claims made against the defenant and includes the facts on which the claim is based. The sworn statement should usually include the following:
- 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
- Explain why the defendant is being sued (and why the defendant owes the money)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- continue the case.
- Dismiss the case
- Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
- 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. 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 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.
- 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
- Landlord fails to return the security deposit to the tenant
- A merchant refuses to repair, replace, or refund 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
Can I hire an attorney for my Fulton County Small Claims Court case?
We cannot tell you whether or not you should hire an attorney. However, you may hire an attorney if you wish, but are not required to do so. 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.
Hearing Procedures and Mediation
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 a way for both parties to meet with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to both parties. 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.). 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 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:
If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. 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).
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 Fulton 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.
How do I pick a hearing date?
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.
The defendant is able to sue 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.
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.
Preparing for the Hearing
We recommend taking the following steps to prepare for your hearing:
A subpoena can be obtained from the clerk’s office of the Magistrate Court for Fulton County.
What types of cases are filed in Fulton County Small Claims Court?
These are some examples of the types of cases that are filed in magistrate court: