The court can be reached by telephone at: 478-862-3357 and fax at 478-862-9447. The magistrate judge is Chief Magistrate Dianne Renfroe.
How do I pick a hearing date?
The court selects the hearing date after the defendant responds to the claim in Taylor County. Hearing dates are usually 15 to 30 days after the date the answer was filed.
What types of cases are filed in Taylor County Small Claims Court?
Here are some examples of common case types which are filed in Taylor County Small Claims court:
Renter does not or will not ay for damages to rental property
Renter fails to pay rent or Owner seeks to evict renter
Tenant moves out and landlord refuses to return security deposit
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
How should I prepare for the hearing?
The following steps are recommended to prepare for the hearing:
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 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 command from the court for a person or documents to appear at a certain time and date to give testimony or produce evidence. A subpoena can be obtained from the clerk’s office.
Defendant’s Counterclaim
The defendant is able to sue the plaintiff (this is called a counterclaim). The defendant can file this against the plaintiff’s original claim if the defendant’s claim is related to the plaintiff’s initial claim and the amount asked for 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.
Filing Procedures for Taylor 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 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
The amount of money the plaintiff is requesting
Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
Copies of all documents relevant to the claims (Keep the originals for your hearing)
Is Taylor 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 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 Taylor County, file it here). The plaintiff must also pay a filing fee. 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. This extra charge could be between $25 and $35. The Taylor 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 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 will be heard in the state or superior court of Taylor 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.
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. An additional hearing by the court will be necessary if the plaintiff asked for something that does not have a specific dollar amount. The defendant has only thirty days to respond to the caim. If the defendant fails to respond, the defendant is in default. Taylor County Small Claims CourtTaylor County Small Claim courts may also be referred to as Magistrate Courts. 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. The process is designed to be quick and inexpensive.
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 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.). 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:
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 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.” 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).
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. From that point, the defendant has thirty days to respond or answer.
Can I hire an attorney for my Taylor County Small Claims Court case?
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). Sometimes, mediation is recommended or required before the judge will hear the case.
