Pulaski County Small Claims Court

Pulaski County Small Claims Court

What’s a default judgment?

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 only thirty days to respond to the claim. If the defendant fails to respond, the defendant is in default.

Pulaski County Court Location

The magistrate court for Pulaski County is located at:

It can be reached by telephone at: 478-783-1357. The fax number is 478-783-9209. The magistrate judge is Chief Magistrate Carlette W. Gibson.

Preparing for the Hearing

The following steps are recommended to prepare for the hearing:

• Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
• 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 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.
  

  What are the procedures for filing a case?

  A plaintiff (person who starts the claim or lawsuit) must file a sworn statement with the clerk of the appropriate magistrate court. The sworn statement simply spells out the claims made against the defenant and includes the facts on which the claim is based. The sworn statement should usually include the following:

  • 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
  • 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.)

  Can I hire an attorney for my Pulaski 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, without the assistance of an attorney (again, the process was designed to be inexpensive). Small Claims court judges are heard and decided without a jury. 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.

  Which Types of Cases are Usually filed in Pulaski County Small Claims Court?

  Here are examples of cases that are often found in small claims court:

  • Tenant does not and will not pay for damages caused to rental which are in excess of security deposit
  • Tenant fails to pay rent and landlord wants to evict tenant
  • Landlord fails to return the security deposit to the tenant
  • A Merchant fails to address issues with faulty merchandise
  • Borrower refuses to pay back money which was loaned
  • A dry cleaner will not pay for clothing which was damaged or lost
  • Unnecessary repairs or work done on a car by a mechanic

  How do I pick a hearing date?

  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.

  What are the hearing procedures?

  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.). In the event the mediation does not resolve the claim, 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 all parties are finished presenting their evidence, the court will render a decision. 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:

  • 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.

  Which County do I file my case in?

  The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Pulaski County, you may 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. (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 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 Pulaski County, file it 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 Pulaski County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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. Also, the clerk will not be able to tell you if they think you will win.

  How Much Time Does a Defendant Have 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. The defendant has 30 days to respond or answer the claim.

  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 in the state or superior court of Pulaski 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 Counterclaim

  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.
  

  

  In Pulaski County, small claims court is sometimes called magistrate court. 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.