Seminole County Small Claims Court

Seminole County Small Claims Court

How Much Time Does a Defendant Have to Answer?

After the case is filed the court clerk 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.

How do I pick a hearing date?

In Seminole 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.

Default Judgments

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 entered, the plaintiff is awarded the amount that was requested in the claim along with court costs. If the plaintiff asks for damages that are not measured in money (like specific property), the court will likely conduct an additional hearing to place a dollar amount on the value of the property (or item being asked for). The defendant has only thirty days to respond to the caim. Once this time period passes, the defendant is in “default.”

Seminole County Court Location

The magistrate court for Seminole County is located at:

200 S. Knox Avenue

Donalsonville, GA 39845

It can be reached by telephone at: 229-524-5256. The fax number is 229-524-8644. The magistrate judge is Chief Magistrate Amos John Sheffield.

Appealing 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 Seminole County. For the appeal, either party may request a jury trial (remember you aren’t entitled to a jury trial in magistrate court). The appeal needs to be filed within thirty days of the court’s decision.

How should I prepare 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)
• Speak with all witnesses you intend to call to support your case. You should confirm they are available and willing to appear on the hearing date.
• If you need to bring in a witness to prove your case and the witness is not being cooperative with you, prepare a subpoena.

Similarly, if you need additional documents that are not in your possession, you can issue a subpoena for the documents 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 of the Magistrate Court for Seminole County.
  

  What types of cases are filed in Seminole County Small Claims Court?

  Here are some examples of common case types which are filed in Seminole County 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
  • Renter moves out and Owner fails to return deposit
  • A merchant refuses to repair, replace, or refund faulty merchandise
  • A person who borrowed money refuses to return it
  • 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.

  Can the Defendant sue the Plaintiff?

  Yes. 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.

  Hearing Procedures and Mediation

  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 are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay 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 parties are done, the judge will issue a decision (or judgment). The court could award damages to the plaintiff, the defendant, or both depending on the merits 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
  • continue the case.
  • Dismiss the case

  If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. We recommend making sure you attend the hearing regardless of whether you are the plaintiff or the defendant (regardless of whether you think the case is good or bad).

  How can I file a claim?

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

  • Name, address, and telephone number of the plaintiff (and attorney if the plaintiff has one)
  • Include the name and street address of the defendant (this is what the court will use 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.)

  

  In Seminole County, small claims court is sometimes called magistrate court. These courts are used to resolve disputes if the parties are unable to resolve the dispute.
  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.

  Do I need to hire an attorney?

  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.

  Is Seminole County the “proper” County for my case?

  The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Seminole County, you may 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. (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 Seminole County, file it here).
  Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. The filing fee includes the cost to serve one defenant. The actual filing fee varies amongst counties but is usually between $45 and $55. If an additional defendant is named in the action, there will be an extra charge for the court to serve the additional party. This extra charge could be between $25 and $35.
  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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).