In Stewart 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.
Appealing a Judgment
A party that is not satisfied with the judge’s decision can file an appeal of that judgment. The appeal is heard in the state or superior court of Stewart 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.
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.
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 it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 a 30 day window to respond to plaintiff’s claim. Once this time period passes, the defendant is in “default.”
How should I prepare for the hearing?
The following steps are recommended to prepare for the 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.
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 in preparing your documents you find that you need additional documents, you can subpoena documents from other parties as well.
A subpoena is a command from the court for a person or documents to appear at a certain time and date to give testimony or produce evidence. You can obtain a subpoena from the Stewart County Clerk for the Magistrate Court. Stewart County Small Claims CourtSmall Claims courts are also called Magistrate Courts in Stewart County. These courts are used to resolve disputes if the parties are unable to resolve the dispute. Small Claims courts handle cases where the amount in dispute is less than $15,000.00. Because of this, the disputes in this court are handled quickly and inexpensively.
Types of Cases Filed in Stewart 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
Renter fails to pay rent or Owner seeks to evict renter
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
Business loses or damages personal property and refuses to pay
A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Stewart County Court Location
The magistrate court for Stewart County is located at:
P.O. Box 712
Lumpkin, GA 31815
It can be reached by telephone at: 229-838-0505. The fax number is 229-838-0015. The magistrate judge is Chief Magistrate G. Wayne Ammons.
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, 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.
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.
Which County do I file my case in?
If you are suing a person, you must file the case in the County where they live. If the defendant lives in Stewart 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. 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 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 Stewart 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. 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. The extra charge is usually between $25 to $35 and caries by county. The Stewart 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. The clerk will also not be able to tell you whether he or she believes you will win your case.
What are the procedures for filing a case?
The case begins with the plaintiff filing a sworn statement with the magistrate court clerk in the proper county. 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 include the following details:
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 strees address of 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 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 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 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. If the plaintiff fails to appear at the hearing, the court may:
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 does not show at the hearing, the court has the power to grant a default judgment against the defendant. It is called a default judgment because 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.
