Mitchell County Small Claims Court
Which County do I file my case in?
The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Mitchell County, you may file the case in this County. 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 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 could is usually between $25-$35 (to serve the added party).
The Mitchell County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give legal advice. For example, a clerk could review your forms to make sure there is a signature where it is required but cannot tell you who you should name as a defendant. The clerk will also not be able to tell you whether he or she believes you will win your case.
How does the defendant learn of the case?
After the case is filed, the clerk of the magistrate court serves the defendant with a copy of the claim along with a summons. The defendant has 30 days to respond or answer the claim.
What types of cases are filed in Mitchell 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
- Renter fails to pay rent or Owner seeks to evict renter
- Tenant moves out and landlord refuses to return security 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
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 an attempt to try and settle the case without a hearing. 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 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 all parties are finished presenting their evidence, the court will render 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 does not appear at the hearing, the court may do any of the following:
- allow defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
- The court can continue the case to a later date
- The court can 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).
What is a default judgment and why is it bad?
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 a default judgment is entered, the plaintiff is awarded the amount that was requested in the claim along with court costs. An additional hearing by the court will be necessary if the plaintiff asked for something that does not have a specific dollar amount. The defendant has a 30 day window to respond to plaintiff’s claim. Once this time period passes, the defendant is in “default.”
Can the Defendant File a Claim Against the Plaintiff?
The defendant is able to issue a claim against 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. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.
Small Claims courts handle cases where the amount in dispute is less than $15,000.00. The process is designed to be quick and inexpensive.
Filing Procedures for Mitchell Small Claims Court cases
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 simply spells out the claims made against the defenant and includes the facts on which the claim is based. At a minimum, the sworn statement should include the following facts:
- 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)
- 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)
Mitchell County Court Location
The Mitchell County magistrate court is located at:P.O. Box 626 Camilla, GA 31730
It can be reached by telephone at: 229-336-2077. The fax number is 229-336-2039. The magistrate judge is Chief Magistrate Randall E. Chew.
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.
- 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 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 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 Mitchell County.
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 is heard in the state or superior court of Mitchell 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.
Do I need to hire an attorney?
County cases, you may hire an attorney to represent you but are not required to do so. 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. 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 do I pick a hearing date?
In Mitchell County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.