Polk County Small Claims Court

Polk County Small Claims Court

Can the Defendant File a Claim Against the Plaintiff?

The defendant is able to issue a claim against 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 of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.

How do I prepare for the hearing?

Prior to the hearing you should:

• 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 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.

You can obtain a subpoena from the Polk County Clerk for the Magistrate Court.

Types of Cases Filed in Polk County Small Claims Court

These are some examples of the types of cases that are filed in magistrate court:

• A tenant refuses to pay for damages which are more than the security deposit
• Tenant fails to pay rent and landlord wants to evict tenant
• Renter moves out and Owner fails to return deposit
• A merchant refuses to repair, replace, or refund 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
• Automobile shop conducts unnecessary repairs or work on your car

How can I file a claim?

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). At a minimum, the sworn statement should include the following facts:

• 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 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
• Explain why the defendant is being sued (and why the defendant owes the money)
• 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)

Polk County Small Claim courts may also be referred to as Magistrate Courts. If you are unable to settle a dispute with a person or business, the matter can be filed in magistrate court.
The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. Because of this, the disputes in this court are handled quickly and inexpensively.

Can I file my case in Polk County?

If you are suing a person, you must file the case in the County where they live. If the defendant lives in Polk County, you can file the case in this County. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. To find the registered agent, 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 Polk County, file it here).
The plaintiff must also pay a filing fee. 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). This extra charge could be between $25 and $35.
The Clerk for the Magistrate Court can direct you to the necessary forms (and review them for completeness) but 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.

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 Polk 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.

Hearing Procedures and Mediation

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 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 are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay 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 (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.
The court has several options if the plaintiff does not appear at the hearing:

• Allow the defendant to present evidence and render a decision without hearing from plaintiff
• Postpone the case until a later date
• Dismiss the case

If the defendant does not show at the hearing, the court has the authority to grant a default judgment against the defendant. The name comes from the fact that because the defendant does not show, 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.

Default Judgments

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 granted, the plaintiff is entitled to what he or she asked for in the action and 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 a 30 day window to respond to plaintiff’s claim. Once defendant fails to respond, the defendant is in “default.”

Polk County Court Location

The magistrate court for Polk County is located at:

Polk County Courthouse #2

100 Prior Street

Cedartown, GA 30125

The magistrate judge is Chief Magistrate Billie Jean Crane. The telephone number for the court is: 770-749-2130. The fax number is 770-749-2186.

Can I hire an attorney for my Polk County Small Claims Court case?

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 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. 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.

When will my hearing date be?

In Polk County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.

How does the defendant learn of the case?

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. The defendant has 30 days to respond or answer the claim.