Gwinnett County Small Claims Court

Gwinnett County Small Claims Court

Locations for Gwinnett County Small Claims Court

The magistrate court for Gwinnett County is located at:

The magistrate judge is Chief Magistrate Kristina Hammer Blum. The telephone number for the court is: 770-822-8081. The fax number is 770-822-8075.

Filing Procedures for Gwinnett 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 simply spells out the claims made against the defenant and includes the facts on which the claim is based. 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 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 relevant documents regarding the claim (for example, any contracts, receipts, etc.)

How do I prepare for the hearing?

We recommend taking the following steps to prepare for your hearing:

• Make sure you have copies of all the documents you need for your case. Prepare copies to provide to the opposing party and the court.
• 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 you need additional documents for your case, you can issue a subpoena for those documents to obtain documents from other parties.
• 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. You can obtain a subpoena from the Gwinnett County Clerk for the Magistrate Court.
  

  Types of Cases Filed in Gwinnett 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
  • Tenant fails to pay rent and landlord wants to evict tenant
  • 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
  • A dry cleaner will not pay for clothing which was damaged or lost
  • Unnecessary repairs or work done on a car by a mechanic

  

  Small Claims courts are also called Magistrate Courts in Gwinnett County. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court.
  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.

  What are the hearing procedures?

  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 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 the parties cannot agree to settle the case, the the court will hear arguments presented by the plaintiff and the defendant. The court takes in evidence and provides for all parties for an opportunity to present their case. 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 the defendant to present evidence and render a decision without hearing from plaintiff
  • The court can continue the case to a later date
  • 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).

  How does the defendant learn of the case?

  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. From that point, the defendant has thirty days to respond or answer.

  Defendant’s Counterclaim

  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.

  Is Gwinnett 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 you are suing a corporation, you must file your case in the County where the registered agent for service of process is located. 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. 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). 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, 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).

  Do I need to hire an attorney?

  You may hire an attorney but you are not required to. You can file the case on your own (without retaining 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.

  What’s a default judgment?

  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. 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 defendant fails to respond, the defendant is in “default.”

  Appealing a Judgment

  If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal is heard in the state or superior court of Gwinnett 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.

  When will my hearing date be?

  The court selects the hearing date after the defendant responds to the claim in Gwinnett County. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.