Oconee County Small Claims Court
Oconee County Court Location
The Oconee County magistrate court is located at:P.O. Box 1099 Watkinsville, GA 30677
It can be reached by telephone at: 706-769-3940. The fax number is 706-769-3948. The magistrate judge is Chief Magistrate Eric W. Norris.
Defendant’s Time to Answer
After the plaintiff files the claim, the magistrate court will serve the defendant with a copy of the claim (including the sworn statement) and a summons (with the date and time of the hearng) to appear in court. From that point, the defendant has thirty days to respond or answer.
Which Types of Cases are Usually filed in Oconee County Small Claims Court?
Here are examples of cases that are often found in 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
- Tenant moves out and landlord refuses to return security deposit
- A Merchant fails to address issues with faulty merchandise
- Borrower refuses to pay back money which was loaned
- Dry cleaning business damages or loses items and refuses to pay for damage or loss
Small Claims courts are also called Magistrate Courts in Oconee County. 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.
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 will be heard by either the state or superior court in the county. Either party may request a jury trial for purposes of the appeal (something which is unavailable at the magistrate court level). The appeal must be filed within thirty days of the court’s decision.
Do I need to 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. 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.
Is Oconee County the “proper” County for my case?
If the defendant is a person, the case must be filed in the County where they live. If you are suing a corporation, you must file your case in the County where the registered agent for service of process is located. (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 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). This filing fee includes the cost for the clerk to serve one defendant. The actual filing fee varies amongst counties but is usually between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). This extra charge could be between $25 and $35.
The court clerk can direct you to the necessary forms and will check them for completeness once you have filled them out. However, the clerk is prohibited by law from giving legal advice. For example, the court clerk would be able to review your completed forms to make sure your signature is in the appropriate blanks but is not able to tell you which defendant you should sue. The clerk will also not be able to tell you whether he or she believes you will win your case.
What is a default judgment and why is it bad?
If the defendant fails to appear at the hearing or respond to the claim, the judge can issue a default judgment against the 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 a 30 day window to respond to plaintiff’s claim. Once this time period passes, the defendant is in “default.”
Procedures for the Hearing
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 dispute resolution tool designed to try and resolve the case by meeting with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to all parties. Even if mediation is successful, a plaintiff can still seek to recover court costs. If mediation is not successful, 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 parties are done, the judge will issue a decision (or judgment). The court could award damages to the plaintiff, the defendant, or both depending on the merits of the case.
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.
- 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. The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.
How do I prepare for the hearing?
We recommend taking the following steps to prepare for your hearing:
- Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
- Communicate with any witnesses you intend to call to prove your case. Confirm they are available on the day of the hearing.
- 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 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.
Filing Procedures for Oconee Small Claims Court cases
The plaintiff (or person filing the action) needs to file 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. At a minimum, the sworn statement should include the following facts:
- As the plaintiff, include your name, address, and telephone number (and your attorney’s if you retain one)(This is to ensure the court and other parties can contact you should the need arise).
- 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
- Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
How do I pick a hearing date?
In Oconee 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.
The defendant is able to sue the plaintiff (this is called a counterclaim). The defendant can file this against the plaintiff’s original claim if it is related to the initial claim and the amount asked for by the defendant is les than $15,000. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.