Pickens County Small Claims Court
Can the Defendant File a Claim Against 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 it is related to the initial claim and the amount asked for by the defendant is les than $15,000. The counterclaim will likely be heard the same day as the plaintiff’s claim.
Is Pickens 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 Pickens County, you can file the case in this County. If the person you are suing is a corporation, the case must be filed 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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Pickens County, you can file here.
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. Filing fees vary county to county but are generally between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). The extra charge is usually between $25 to $35 and caries by county.
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. A clerk would be able to review your forms to make sure there is a signature in the appropriate blanks but will not be able to tell you which party you should sue. Also, the clerk will not be able to tell you if they think you will win.
Hearing Procedures and Mediation
Some counties require you to go to mediation before a hearing in front of a judge. 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 the parties cannot agree to settle the case, the the court will hear arguments presented by the plaintiff and the defendant. The court takes in evidence and provides for all parties for an opportunity to present their case. When all parties are finished presenting their evidence, the court will render a decision. The judge may award damages to the plaintiff, defendant, or both depending on the facts of the case.
If the plaintiff fails to appear at the hearing, the court may:
- 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.
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 is not cooperative or is not willing to appear, prepare a subpoena.
- 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.
Do I need to hire an attorney?
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 completely without the assistance of 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.
Pickens County Court Location
The Pickens County magistrate court is located at:Magistrate Court of Pickens County 35 West Church Street Jasper, GA 30143
The court can be reached by telephone at: 706-253-8747 and fax at 706-253-8750. The magistrate judge is Chief Magistrate W. Allen Wigington.
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. If the defendant fails to respond, the defendant is in default.Small Claims courts are also called Magistrate Courts in Pickens County. If you are unable to settle a dispute with a person or business, the matter can be filed in magistrate court.
The purpose of magistrate court is to resolve claims in an informal manner for any amount less than $15,000. They are designed to quickly and inexpensively settle the dispute.
Appealing 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 is heard in the state or superior court of Pickens 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.
Defendant’s Time to Answer
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.
What are the procedures for filing a case?
The case begins with the plaintiff filing a sworn statement with the magistrate court clerk in the proper county. 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 include the following details:
- Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
- Name and street address of the defendant (this is what the court uses to serve the defendant)
- Include the amount of money you are asking for as the plaintiff
- Detail why the defendant is being sued (and why this defendant owes the money)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- A tenant refuses to pay for damages which are more than the security deposit
- Renter fails to pay rent or Owner seeks to evict renter
- Renter moves out and Owner fails to return deposit
- A Merchant fails to address issues with faulty merchandise
- Borrower refuses to make payments on a loan
- A dry cleaner will not pay for clothing which was damaged or lost
- Unnecessary repairs or work done on a car by a mechanic
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 generally 15 to 30 days after the defendant files his or her answer.
Types of Cases Filed in Pickens County Small Claims Court
These are some examples of the types of cases that are filed in magistrate court: