Houston County Small Claims Court

Houston County Small Claims Court

How Much Time Does a Defendant Have to Answer?

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.

What types of cases are filed in Houston 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
• Landlord fails to return the security deposit to the tenant
• 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
• Automobile shop conducts unnecessary repairs or work on your car

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 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 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 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 parties are done, the judge will issue a decision (or judgment). The court could award damages to the plaintiff, the defendant, or both depending on the merits of the case.
The court has several options if the plaintiff does not appear at the hearing:

• 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 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).

Locations for Houston County Small Claims Court

The magistrate court for Houston County is located at:

89 Cohen Walker Drive

Warner Robins, GA 31088

The magistrate judge is Chief Magistrate Robert E. Turner. The telephone number for the court is: 478-987-4695. The fax number is 478-987-5249.

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. 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:

• Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
• Name and street address of the defendant (this is what the court uses to serve the defendant)
• Amount of money plaintiff is seeking (sometimes called damages)
• 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)

How do I pick a hearing date?

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

Preparing 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.
• 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 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.
  

  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 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. If the defendant fails to respond, the defendant is in default.

  Which County do I file my case in?

  The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Houston County, you may 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. 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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Houston County, you can file here.
  The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). The filing fee includes the cost to serve one defenant. Filing fees vary county to county but are 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 is usually between $25 to $35 and caries by county.
  The Houston County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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).

  How do I appeal a judgment?

  If a party is not satisfied with the court’s decision, that party may file an appeal. 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). Appeals must be filed within 30 days of the judge’s decision.
  

  

  Houston County Small Claim courts may also be referred to as Magistrate Courts. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court.
  Small Claims courts handle cases where the amount in dispute is less than $15,000.00. The process is designed to be quick and inexpensive.

  Can the Defendant sue the Plaintiff?

  The defendant is able to sue 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. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.

  Can I hire an attorney for my Houston 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. 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.