Lincoln County Small Claims Court
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 it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 this time period passes, the defendant is in “default.”
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. The defendant has 30 days to respond or answer the claim.
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.
Yes. 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. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.
When will my hearing date be?
In Lincoln 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.
Procedures for the Hearing
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 dispute resolution tool designed to try and resolve the case by meeting with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to all 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 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 judge may award damages to the plaintiff, defendant, or both depending on the facts of the case.
If the plaintiff does not appear at the hearing, the court may do any of the following:
- 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
- The court can 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).
Lincoln County Court Location
The magistrate court for Lincoln County is located at:
The magistrate judge is Chief Magistrate Lee D. Moss. The telephone number for the court is: 706-359-5528. The fax number is 706-359-5520.
Which County do I file my case in?
If the defendant is a person, the case must be filed in the County where they live. If the person you are suing is a corporation, the case must be filed 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 business you are suing is unincorporated, you should file the case in the County where the business is physically located.
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). This filing fee includes the cost for the clerk to serve one defendant. The actual filing fee varies amongst counties but is usually 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 Lincoln 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. Also, the clerk will not be able to tell you if they think you will win.
What types of cases are filed in Lincoln 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
- 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
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 describes the charges made against the defendant (the person or business that is being sued by the plaintiff). 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)
- Include the amount of money you are asking for as the plaintiff
- Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
- Copies of all documents relevant to the claims (Keep the originals for your hearing)
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). These cases are tried and heard in front of a judge, without a jury (again, they are designed so a party does not need to retain an expensive attorney to represent them in a case). Sometimes, mediation is recommended or required before the judge will hear the case.
How do I prepare for the hearing?
Prior to the hearing you should:
- 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).
- Contact any witnesses you need to call to prove your case and confirm that they will appear on the hearing date
- If a witness will not agree to appear, you need to subpoena them.
- 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.
You can obtain a subpoena from the Lincoln County Clerk for the Magistrate Court.
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 Lincoln 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.