Muscogee County Small Claims Court

Muscogee County Small Claims Court

Default Judgments

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. 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 only thirty days to respond to the caim. Once this time period passes, the defendant is in “default.”

Appealing a Judgment

If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal will be heard by either the state or superior court in the county. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). The appeal must be filed within thirty days of the court’s decision.

Is Muscogee 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 Muscogee 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. (Contact the Corporations Division of the Secretary of State either online or at 404-656-2817 to find out if a business is a corproation and the name and address of the registered agent). If the defendant is an unincorporated business (fancy for is not a corporation), file the case in the county where the business is physically located (ie. if the business is located in Muscogee County, file it here).
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). 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. The extra charge could is usually between $25-$35 (to serve the added party).
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. 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.

Locations for Muscogee County Small Claims Court

The Muscogee County magistrate court is located at:

P.O. Box 1340

Columbus, GA 31902

The court can be reached by telephone at: 706-225-3376 and fax at . The magistrate judge is Chief Magistrate Steven D. Smith.

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 usually include the following:

• 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)
• The amount of money the plaintiff is requesting
• 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)

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. After that, the defendant has thirty days to respond or answer the claim.

Can the Defendant sue the Plaintiff?

Yes. 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 will likely be heard the same day as the plaintiff’s claim.

In Muscogee County, small claims court is sometimes called magistrate court. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court.
The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. They are designed to quickly and inexpensively settle the dispute.

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 mediation is successful, a plaintiff can still seek to recover court costs. 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 (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 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.
• The court can continue the case to 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.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.

How should I prepare for the hearing?

We recommend taking the following steps to prepare for your 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 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 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.
  

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

  These are some examples of the types of cases that are filed in magistrate court:

  • A tenant refuses to pay for damages which are more than the security deposit
  • Tenant fails to pay rent and landlord wants to evict tenant
  • Renter moves out and Owner fails to return deposit
  • 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

  The court selects the hearing date after the defendant responds to the claim in Muscogee County. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.

  Can I hire an attorney for my Muscogee County Small Claims Court case?

  We cannot tell you whether or not you should hire an attorney. However, you may hire an attorney if you wish, 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. Sometimes, mediation is recommended or required before the judge will hear the case.