Schley County Small Claims Court
Filing Procedures for Schley 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 include the following details:
- 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
- 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)
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.
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.
Schley County Court Location
The magistrate court for Schley County is located at:P.O. Box 372 Ellaville, GA 31806
It can be reached by telephone at: 229-937-5110. The fax number is 229-937-5010. The magistrate judge is Chief Magistrate Robert Larry Wall.
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. From that point, the defendant has thirty days to respond or answer.
Is Schley 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 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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Schley 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. If an additional defendant is named in the action, there is an extra charge for serving the additional party. The extra charge could is usually between $25-$35 (to serve the added party).
The Schley 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). 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.
How should I prepare for the hearing?
Prior to the hearing you should:
- 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 you need to bring in a witness to prove your case and the witness is not being cooperative with you, 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 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.
- 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
- Failure of a merchant to deal with faulty merchandise
- Borrower refuses to make payments on a loan
- A dry cleaner will not pay for clothing which was damaged or lost
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
- 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.
A subpoena can be obtained from the clerk’s office of the Magistrate Court for Schley County.
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 is heard in the state or superior court of Schley County. For the appeal, either party may request a jury trial (remember you aren’t entitled to a jury trial in magistrate court). Appeals must be filed within 30 days of the judge’s decision.
What types of cases are filed in Schley County Small Claims Court?
Here are examples of cases that are often found in small claims court:
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 dispute resolution tool designed to try and resolve the case by meeting with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to all 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.). In the event the mediation does not resolve the claim, 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 all parties are finished presenting their evidence, the court will render a decision. The court may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant.
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 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.” It is strongly recommended you attend the hearing whether you are the plaintiff or defendant (regardless of whether you believe the case to be strong or weak).
The defendant is able to sue the plaintiff (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?
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 it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 caim. Once defendant fails to respond, the defendant is in “default.”