If the defendant is a person, the case must be filed in the County where they live. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. (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 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 Jefferson County, file it here). The plaintiff must also pay a filing fee. 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 is an extra charge for serving the additional party. This extra charge could be between $25 and $35. The Jefferson County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give legal advice. A clerk would be able to review your forms to make sure there is a signature in the appropriate blanks but will not be able to tell you which party you should sue. Also, the clerk will not be able to tell you if they think you will win.
How should 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.
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.
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.
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 an attempt to try and settle the case without a hearing. Even if the parties are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay court costs. In the event the mediation does not resolve the claim, 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 may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant. 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.
Postpone the case until a later date
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.” 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 pick a hearing date?
In Jefferson 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. Jefferson County Small Claims CourtIn Jefferson County, small claims court is sometimes called magistrate court. If you are unable to settle a dispute with a person or business, the matter can be filed in magistrate court. Small Claims courts handle cases where the amount in dispute is less than $15,000.00. Because of this, the disputes in this court are handled quickly and inexpensively.
Can the Defendant sue 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.
Jefferson County Court Location
The magistrate court for Jefferson County is located at:
P.O. Box 749
Louisville, GA 30434
The magistrate judge is Chief Magistrate Murry Bowman. The telephone number for the court is: 478-625-8834. The fax number is 478-625-4039.
Can I hire an attorney for my Jefferson 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, without the assistance of an attorney (again, the process was designed to be inexpensive). Small Claims court judges are heard and decided without a jury. Sometimes, mediation is recommended or required before the judge will hear the case.
Default Judgments
If the defendant fails to appear at the hearing or respond to the claim, the judge can issue a default judgment against the defendant. If a default judgment is granted, the plaintiff is entitled to what he or she asked for in the action and 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 only thirty days to respond to the caim. Once this time period passes, the defendant is in “default.”
Which Types of Cases are Usually filed in Jefferson County Small Claims Court?
These are some examples of the types of cases that are filed in magistrate court:
A tenant refuses to pay for damages which are more than the security deposit
A landlord wants to evict a tenant for failure to pay rent
Renter moves out and Owner fails to return deposit
A Merchant fails to address issues with faulty merchandise
Borrower refuses to make payments on a loan
Business loses or damages personal property and refuses to pay
Automobile shop conducts unnecessary repairs or work on your car
What are the procedures for filing a case?
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 include the following details:
As the plaintiff, include your name, address, and telephone number (and your attorney’s if you retain one)(This is to ensure the court and other parties can contact you should the need arise).
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)
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.)
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 in the state or superior court of Jefferson County. For the appeal, either party may request a jury trial (remember you aren’t entitled to a jury trial in magistrate court). Appeals must be filed within 30 days of the judge’s decision.
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.
