Lowndes County Small Claims Court

Lowndes County Small Claims Court

Locations for Lowndes County Small Claims Court

The magistrate court for Lowndes County is located at:

P.O. Box 1349

Valdosta, GA 31603

The court can be reached by telephone at: 229-671-2610 and fax at 229-671-3442. The magistrate judge is Chief Magistrate Joni B. Parker.

Hearing Date for my Small Claims Case

The court selects the hearing date after the defendant responds to the claim in Lowndes County. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.

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 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.

Can I hire an attorney?

You may hire an attorney but you are not required to. You are able to file the case on your own completely without the assistance of an attorney. 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.

Defendant’s Counterclaim

The defendant is able to issue a claim against 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.

What are the hearing procedures?

Some counties require the parties to attempt to resolve the case through mediation before the court hears the case (assuming 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 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 court may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant.
The court has several options if the plaintiff does not appear at the hearing:

• 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
• 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.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.

How does the defendant learn of the case?

After the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. After that, the defendant has thirty days to respond or answer the claim.

How do I prepare for the hearing?

Prior to the hearing you should:

• Make sure you have copies of all the documents you need for your case. Prepare copies to provide to the opposing party and the court.
• 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 command from the court for a person or documents to appear at a certain time and date to give testimony or produce evidence. A subpoena can be obtained from the clerk’s office of the Magistrate Court for Lowndes County.
  

  What types of cases are filed in Lowndes County Small Claims Court?

  Here are some examples of common case types which are filed in Lowndes County Small Claims court:

  • Renter does not or will not ay for damages to rental property
  • Renter fails to pay rent or Owner seeks to evict renter
  • Renter moves out and Owner fails to return deposit
  • A merchant refuses to repair, replace, or refund faulty merchandise
  • Borrower refuses to pay back money which was loaned
  • A dry cleaner will not pay for clothing which was damaged or lost
  • Unnecessary repairs or work done on a car by a mechanic

  

  In Lowndes County, small claims court is sometimes called magistrate court. If you are unable to settle a dispute with a person or business, the matter can be filed in magistrate court.
  The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. The process is designed to be quick and inexpensive.

  Is Lowndes County the “proper” County for my case?

  If you are suing a person, you must file the case in the County where they live. If the defendant lives in Lowndes County, you can file the case in this County. 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. 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.
  Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. The filing fee includes the cost to serve one defenant. 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. The extra charge could is usually between $25-$35 (to serve the added party).
  The Lowndes 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).

  Default Judgments

  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. 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 a 30 day window to respond to plaintiff’s claim. If the defendant fails to respond, the defendant is in default.

  Filing Procedures for Lowndes Small Claims Court cases

  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). At a minimum, the sworn statement should include the following facts:

  • The name, address, and telephone number of the plaintiff (and attorney if there is one)(Make sure this is correct as this is how the court will contact you if there are any issues)
  • Name and strees address of the defendant
  • Amount of money plaintiff is seeking (sometimes called damages)
  • 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)