Johnson County Small Claims Court
When will my hearing date be?
The court selects the hearing date after the defendant responds to the claim in Johnson County. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.
Types of Cases Filed in Johnson County Small Claims Court
Types of Cases Filed in Johnson 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
- Landlord fails to return the security deposit to the tenant
- A Merchant fails to address issues with faulty merchandise
- Borrower refuses to pay back money which was loaned
- A dry cleaner will not pay for clothing which was damaged or lost
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
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.
What’s a default judgment?
If the defendant fails to answer the claim or appear at the hearing, the judge can issue a default judgment without hearing from defendant. If a default judgment is entered, the plaintiff is awarded the amount that was requested in the claim along with court costs. If the plaintiff is asking for non-monetary damages (like property), the court has to conduct a separate hearing to determine the dollar amount of the damages. The defendant has only thirty days to respond to the caim. If the defendant fails to respond, the defendant is in default.
Filing Procedures for Johnson 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 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:
- 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)
- 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 documents relevant to the claims (Keep the originals for your hearing)
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. For the appeal, either party may request a jury trial (remember you aren’t entitled to a jury trial in magistrate court). The appeal needs to be filed within thirty days of the court’s decision.
Procedures for the Hearing
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 are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay 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 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.
If the plaintiff does not appear at the hearing, the court may do any of the following:
- allow defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
- continue the case.
- 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 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.
Do I need to hire an attorney?
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. Sometimes, mediation is recommended or required before the judge will hear the case.
Can the Defendant File a Claim Against the Plaintiff?
Yes. This is called a counterclaim. The defendant can file this against the plaintiff’s original claim if the defendant’s claim is related to the plaintiff’s initial claim and the amount asked for 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.
How do I prepare for the hearing?
We recommend taking the following steps to prepare for your hearing:
- Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
- 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 a witness is not cooperative or is not willing to appear, prepare a subpoena.
- 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 of the Magistrate Court for Johnson County.
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 Johnson County, you may file the case in this County. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. 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 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 Johnson County, file it 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. The filing fee varies by each county but is 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 Johnson 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. The clerk will also not be able to tell you whether he or she believes you will win your case.
Johnson County Court Location
The magistrate court for Johnson County is located at:
The magistrate judge is Chief Magistrate Mary Jo Buxton. The telephone number for the court is: 478-864-3316. The fax number is 478-864-0528.
Similarly, if you need additional documents that are not in your possession, you can issue a subpoena for the documents as well.