Peach County Small Claims Court
Can I hire an attorney for my Peach 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 completely without the assistance of an attorney. 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). 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.
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.
Can the Defendant sue the Plaintiff?
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 the defendant’s claim is related to the plaintiff’s initial claim and the amount asked for 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.
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 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 claim. Once defendant fails to respond, the defendant is in “default.”
How do I prepare for the hearing?
We recommend taking the following steps to prepare for your hearing:
- Ensure you have all copies of any documents you need for the case. You should make at least two additional sets of copies (one for the court and one for the other party).
- 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 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.
- 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).
- Name and street address of the defendant (this is what the court uses to serve the defendant)
- The amount of money the plaintiff is requesting
- Detail why the defendant is being sued (and why this defendant owes the money)
- Copies of all documents relevant to the claims (Keep the originals for your hearing)
- The court can allow defendant to put on his or her evidence and then issue a decision without hearing from the plaintiff.
- continue the case.
- The court can dismiss the case
A subpoena can be obtained from the clerk’s office of the Magistrate Court for Peach County.
How do I pick a hearing date?
The court will select a hearing date after the defendant files an answer to the claim. Hearing dates are usually 15 to 30 days after the date the answer was filed.
Filing Procedures for Peach 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. 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:
How do I appeal a judgment?
If you are not happy with the court’s decision (and generally at least one party, sometimes both, are not satisfied with the judgment), the party may file an appeal (or ask a higher court to review the judgment). The appeal will be heard in the state or superior court of Peach 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 must be filed within thirty days of the court’s decision.
What are the hearing procedures?
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 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 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 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.
If the plaintiff does not appear at the hearing, the court may do any of the following:
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.
Is Peach 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 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 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 Peach County, file it here).
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). A portion of the filing fee is for the cost for the court clerk to serve one defendant. The filing fee varies by each county but is generally 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, 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 Much Time Does a Defendant Have to Answer?
After the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. From that point, the defendant has thirty days to respond or answer.
Locations for Peach County Small Claims Court
The Peach County magistrate court is located at:
It can be reached by telephone at: 478-825-2060. The fax number is 478-825-1893. The magistrate judge is Chief Magistrate Laurens C. Lee.
Types of Cases Filed in Peach 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
- Tenant fails to pay rent and landlord wants to evict tenant
- 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
- A dry cleaner will not pay for clothing which was damaged or lost
- Automobile shop conducts unnecessary repairs or work on your car