Long County Small Claims Court
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 it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 claim. Once this time period passes, the defendant is in “default.”
How do I appeal 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 Long County. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). The appeal needs to be filed within thirty days of the court’s decision.
Long County Court Location
The Long County magistrate court is located at:PO Box 87 Ludowici, GA 31316
The court can be reached by telephone at: 912-545-2315 and fax at 912-545-2029. The magistrate judge is Chief Magistrate Marie H. Middleton.Small Claims courts are also called Magistrate Courts in Long County. 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.
Filing Procedures for Long 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 simply spells out the claims made against the defenant and includes the facts on which the claim is based. 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)
- Amount of money plaintiff is seeking (sometimes called damages)
- Explain why the defendant is being sued (and why the defendant owes the money)
- Include copies of all documents relevant to the claim (perhaps a contract for the purchase of a product, or lease)(Keep the originals with you for when you appear at the court trial)
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 an attempt to try and settle the case without a hearing. Even if mediation is successful, a plaintiff can still seek to recover court costs. If mediation is not successful, the case will proceed to the hearing. The court will also allow the plaintiff and defendant to question or dispute each other’s evidence during the hearing. 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:
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- continue the case.
- dismiss the case.
If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. 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).
Do I need to hire an attorney?
You may hire an attorney but you are not required to. 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. Mediation is a tool that is sometimes used to help resolve a case without a trial. Some counties offer this as a service, and some counties require a case be sent to mediation prior to it being heard at a trial.
Which Types of Cases are Usually filed in Long 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
- A landlord wants to evict a tenant for failure to pay rent
- Renter moves out and Owner fails to return deposit
- Failure of a merchant to deal with faulty merchandise
- Borrower refuses to pay back money which was loaned
- Business loses or damages personal property and refuses to pay
- Automobile shop conducts unnecessary repairs or work on your car
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 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 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. 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 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. The clerk will also not be able to tell you whether he or she believes you will win your case.
How Much Time Does a Defendant Have to Answer?
After the case is filed, the clerk of the magistrate court 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.
How do I pick a hearing date?
In Long 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 should I prepare for the hearing?
Prior to the hearing you should:
- Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
- 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.
- 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 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 Long County.
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 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.