Jenkins County Small Claims Court
Can the Defendant sue the Plaintiff?
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 will likely be heard the same day as the plaintiff’s 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.
Can I hire an attorney for my Jenkins County Small Claims Court case?
What types of cases are filed in Jenkins County Small Claims Court?
These are some examples of the types of cases that are filed in magistrate court:
- Renter does not or will not ay for damages to rental property
- Tenant fails to pay rent and landlord wants to evict tenant
- Landlord fails to return the security deposit to the tenant
- Failure of a merchant to deal with faulty merchandise
- Borrower refuses to make payments on a loan
- 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 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 judge may award damages to the plaintiff, defendant, or both depending on the facts of the case.
The court has several options if the plaintiff does not appear at the hearing:
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- continue the case.
- Dismiss the case
If the defendant does not show at the hearing, the court has the power to grant a default judgment against the defendant. It is called a default judgment because 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 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).
- 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 in preparing your documents you find that you need additional documents, you can subpoena documents from other parties 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 subpoena can be obtained from the clerk’s office of the Magistrate Court for Jenkins County.
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 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 claim. Once this time period passes, the defendant is in “default.”
Appealing 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 Jenkins County. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). Appeals must be filed within 30 days of the judge’s decision.
Jenkins County Court Location
The magistrate court for Jenkins County is located at:
The court can be reached by telephone at: 478-982-5580 and fax at 478-982-4911. The magistrate judge is Chief Magistrate Janice Cheney.
Is Jenkins 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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Jenkins 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. There is an extra charge for service for any additional defendants (if you are suing more than one person). This extra charge could be between $25 and $35.
The Clerk for the Magistrate Court can direct you to the necessary forms (and review them for completeness) but 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. Also, the clerk will not be able to tell you if they think you will win.
How Much Time Does a Defendant Have to Answer?
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. The defendant has 30 days to respond or answer the claim.
How can I file a claim?
The case begins with the plaintiff filing a sworn statement with the magistrate court clerk in the proper county. The sworn statement describes the charges made against the defendant (the person or business that is being sued by the plaintiff). The sworn statement should usually include the following:
- 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 strees address of the defendant
- The amount of money the plaintiff is requesting
- 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.)