Sumter County Small Claims Court
Defendant’s Time to Answer
After the case is filed, the clerk of the magistrate court serves the defendant with a copy of the claim along with a summons. From that point, the defendant has thirty days to respond or answer.
Filing Procedures for Sumter Small Claims Court cases
The case begins with the plaintiff filing a sworn statement with the magistrate court clerk in the proper county. A sworn statement states the claims made against the defendant and includes the facts giving rise to the claim. 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 strees address of 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)
- Copies of all documents relevant to the claims (Keep the originals for your hearing)
How do I pick a hearing date?
The court will select a hearing date after the defendant files an answer to the claim. Hearing dates are usually 15 to 30 days after the date the answer was filed.
Is Sumter 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 defendant is a corporation, the claim must be filed in the county of the registered agent for the company. (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 Sumter County, file it here).
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). This filing fee includes the cost for the 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 is usually between $25 to $35 and caries by county.
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. 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).
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 Sumter 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 must be filed within thirty days of the court’s decision.
Sumter County Court Location
The magistrate court for Sumter County is located at:
P.O. Box 563 Americus, GA 31709The magistrate judge is Chief Magistrate Shirley S. Duke. The telephone number for the court is: 229-928-4524. The fax number is 229-928-4527.
Defendant’s Counterclaim
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
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 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 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 may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant.
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
- The court can dismiss the case
If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. 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).
Types of Cases Filed in Sumter County Small Claims Court
Here are some examples of common case types which are filed in Sumter County Small Claims court:
- Tenant does not and will not pay for damages caused to rental which are in excess of security deposit
- A landlord wants to evict a tenant for failure to pay rent
- Landlord fails to return the security deposit to the tenant
- A Merchant fails to address issues with faulty merchandise
- A person who borrowed money refuses to return it
- Business loses or damages personal property and refuses to pay
- Automobile shop conducts unnecessary repairs or work on your car
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.
How should I prepare for the hearing?
Prior to the hearing you should:
- Ensure you have all copies of any documents you need for the case. You should make at least two additional sets of copies (one for the court and one for the other party).
- Contact any witnesses you need to call to prove your case and confirm that they will 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.
- 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 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. You can obtain a subpoena from the Sumter County Clerk for the Magistrate Court.
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). 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. Mediation is a tool that is sometimes used to help resolve a case without a trial. Some counties offer this as a service, and some counties require a case be sent to mediation prior to it being heard at a trial.
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 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 a 30 day window to respond to plaintiff’s claim. If the defendant fails to respond, the defendant is in default.