Pike County Small Claims Court
Locations for Pike County Small Claims Court
The magistrate court for Pike County is located at:
PO Box 466 Zebulon, GA 30295The court can be reached by telephone at: 770-567-2004 and fax at 770-567-2023. The magistrate judge is Chief Magistrate Marcia J. Callaway-Ingram.
The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. The process is designed to be quick and inexpensive.
Can the Defendant File a Claim Against 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.
What is a default judgment and why is it bad?
When a defendant fails to appear at the hearing or respond to the claim, the court can grant a default judgment. If a default judgment is granted, the plaintiff is entitled to what he or she asked for in the action and 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 a 30 day window to respond to plaintiff’s claim. Once this time period passes, the defendant is in “default.”
What types of cases are filed in Pike 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
- A landlord wants to evict a tenant for failure to pay rent
- Tenant moves out and landlord refuses to return security deposit
- A merchant refuses to repair, replace, or refund faulty merchandise
- Borrower refuses to pay back money which was loaned
- A dry cleaner will not pay for clothing which was damaged or lost
- Automobile shop conducts unnecessary repairs or work on your car
Procedures for the Hearing
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. If the parties cannot agree to settle the case, the the court will hear arguments presented by the plaintiff and the defendant. The court will hear evidence and provide an opportunity for both the plaintiff and the defendant to introduce their evidence (and allow each side to comment on the evidence introduced by the other party). When both (or all parties) are done presenting evidence, the judge will issue a decision. The judge may award damages to the plaintiff, defendant, or both depending on the facts of the case.
If the plaintiff does not appear at the hearing, the court may do any of the following:
- allow defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
- Postpone the case until 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.
What are the procedures for filing a case?
The plaintiff (or person filing the action) needs to file 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 usually include the following:
- 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)
- Amount of money plaintiff is seeking (sometimes called damages)
- Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
- 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)
Is Pike 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 Pike 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). This filing fee includes the cost for the clerk to serve one defendant. 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. This extra charge could be between $25 and $35.
The Pike 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.
Can I 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. 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). 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.
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.
- Contact any witnesses you need to call to prove your case and confirm that they will appear on the hearing date
- 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 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 do I appeal a judgment?
If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal is heard in the state or superior court of Pike County. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). Appeals must be filed within 30 days of the judge’s decision.
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.
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. The defendant has 30 days to respond or answer the claim.