Laurens County Small Claims Court
Can I 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. Some courts utilize mediation as a tool to resolve a case without the time and expense of a trial. Some counties will even require a case to attempt to be settled at mediation prior to it being set for trial.
How should I prepare for the hearing?
The following steps are recommended to prepare for the 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 a witness is not cooperative or is not willing to appear, 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 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.
You can obtain a subpoena from the Laurens County Clerk for the Magistrate Court.
Defendant’s Counterclaim
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. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.
Is Laurens 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 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 Laurens County, file it 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. If an additional defendant is named in the action, there will be an extra charge for the court to serve the additional party. This extra charge could be between $25 and $35.
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. Also, the clerk will not be able to tell you if they think you will win.
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 is heard in the state or superior court of Laurens County. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). The appeal must be filed within thirty days of the court’s decision.
Locations for Laurens County Small Claims Court
The Laurens County magistrate court is located at:
The magistrate judge is Chief Magistrate Thomas C. Bobbitt, III. The telephone number for the court is: 478-296-0700. The fax number is 478-275-0035.
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 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.). 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 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 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).
When will my hearing date be?
In Laurens County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.
How Much Time Does a Defendant Have to Answer?
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 Laurens 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
- Tenant moves out and landlord refuses to return security deposit
- A Merchant fails to address issues with faulty merchandise
- Borrower refuses to pay back money which was loaned
- Dry cleaning business damages or loses items and refuses to pay for damage or loss
What is a default judgment and why is it bad?
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. If the plaintiff asks for damages that are not measured in money (like specific property), the court will likely conduct an additional hearing to place a dollar amount on the value of the property (or item being asked for). The defendant has a 30 day window to respond to plaintiff’s claim. Once defendant fails to respond, the defendant is in “default.”
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 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:
- Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
- Include the name and street address of the defendant (this is what the court will use 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 relevant documents regarding the claim (for example, any contracts, receipts, etc.)
The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. They are designed to quickly and inexpensively settle the dispute.
How and what i need to do or go about filing a small claims against someone.