Newton County Small Claims CourtNewton County Small Claim courts may also be referred to as Magistrate Courts. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court.
The purpose of magistrate court is to resolve claims in an informal manner for any amount less than $15,000. Because of this, the disputes in this court are handled quickly and inexpensively.
Types of Cases Filed in Newton County Small Claims Court
These are some examples of the types of cases that are filed in magistrate court:
- Tenant does not and will not pay for damages caused to rental which are in excess of security deposit
- 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
- A person who borrowed money refuses to return it
- A dry cleaner will not pay for clothing which was damaged or lost
- Unnecessary repairs or work done on a car by a mechanic
Can I hire an attorney?
You may hire an attorney but you are not required to. You can file the case on your own (without retaining an attorney). All cases are tried and heard before a judge, without a jury. You should remember that the procedures and rules for small claims court cases are designed so that a party should not need to have to retain an expensive attorney in order for their case to be effectively presented. Sometimes, mediation is recommended or required before the judge will hear the case.
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 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 only thirty days to respond to the caim. Once this time period passes, the defendant is in “default.”
Defendant’s Time to Answer
After the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. The defendant has 30 days to respond or answer the claim.
Newton County Court Location
The magistrate court for Newton County is located at:
It can be reached by telephone at: 770-784-2050. The fax number is 770-784-2145. The magistrate judge is Chief Magistrate Henry A. Baker.
Preparing for the Hearing
The following steps are recommended to prepare for the hearing:
- Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
- 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. Similarly, if you need additional documents that are not in your possession, you can issue a subpoena for the documents 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.
How can I file a claim?
The case begins with the plaintiff filing a sworn statement with the magistrate court clerk in the proper county. A sworn statement states the claims made against the defendant and includes the facts giving rise to the claim. The sworn statement should include the following details:
- 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
- The amount of money the plaintiff is requesting
- Explain why the defendant is being sued (and why the defendant owes the money)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- The court can continue the case to a later date
- dismiss the case.
Hearing Date for my Small Claims Case
The court will select a hearing date after the defendant files an answer to the claim. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.
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 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 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 could award damages to the plaintiff, the defendant, or both depending on the merits of the case.
If the plaintiff does not appear at the hearing, the court may do any of the following:
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).
Is Newton 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 Newton County, you can 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. 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 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 is an extra charge for serving the additional party. The extra charge could is usually between $25-$35 (to serve the added party).
The Newton 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. Also, the clerk will not be able to tell you if they think you will win.
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 will be heard in the state or superior court of Newton County. Either party may request a jury trial for purposes of the appeal (something which is unavailable at the magistrate court level). The appeal needs to be filed within thirty days of the court’s decision.
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. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.