Miller County Small Claims CourtMiller County Small Claim courts may also be referred to as Magistrate Courts. 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. They are designed to quickly and inexpensively settle the dispute.
What types of cases are filed in Miller County Small Claims Court?
Here are some examples of common case types which are filed in Miller County Small Claims court:
- A tenant refuses to pay for damages which are more than the security deposit
- A landlord wants to evict a tenant for failure to pay rent
- Landlord fails to return the security deposit to the tenant
- A merchant refuses to repair, replace, or refund faulty merchandise
- A person who borrowed money refuses to return it
- Business loses or damages personal property and refuses to pay
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Hearing Date for my Small Claims Case
In Miller County, the court selects the hearing date after the defendant responds to the claim. Hearing dates are usually 15 to 30 days after the date the answer was filed.
Is Miller 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 Miller County, you can 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 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. A portion of the filing fee is for the cost for the court 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. The extra charge is usually between $25 to $35 and caries by county.
The Clerk for the Magistrate Court can direct you to the necessary forms (and review them for completeness) but is prohibited by law from giving 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).
Defendant’s Time 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. After that, the defendant has thirty days to respond or answer the claim.
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. A sworn statement states the claims made against the defendant and includes the facts giving rise to the claim. 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)
- 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)
What are the hearing procedures?
Some counties require you to go to mediation before a hearing in front of a judge. 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. In the event the mediation does not resolve the claim, 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 (or all parties) are done presenting evidence, the judge will issue a decision. The court may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant.
If the plaintiff fails to appear at the hearing, the court may:
- The court can allow defendant to put on his or her evidence and then issue a decision without hearing from the plaintiff.
- The court can continue the case to a later date
- dismiss the case.
If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. 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).
Miller County Court Location
The magistrate court for Miller County is located at:
The court can be reached by telephone at: 229-758-4110 and fax at 229-758-8133. The magistrate judge is Chief Magistrate Brenda G. McNease.
Preparing for the Hearing
The following steps are recommended to prepare for the hearing:
- 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 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.
A subpoena can be obtained from the clerk’s office.
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 is heard in the state or superior court of Miller 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.
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 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 only thirty days to respond to the caim. If the defendant fails to respond, the defendant is in default.
Can I hire an attorney for my Miller County Small Claims Court case?
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). 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). 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.
The defendant is able to sue the plaintiff (this is called a counterclaim). The defendant can file a counterclaim against the plantiff’s original claim if it is related to it, and the total money claimed 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.