Telfair County Small Claims Court

Telfair County Small Claims Court

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

These are some examples of the types of cases that are filed in magistrate court:

  • A tenant refuses to pay for damages which are more than the security deposit
  • Tenant fails to pay rent and landlord wants to evict tenant
  • Landlord fails to return the security deposit to the tenant
  • A merchant refuses to repair, replace, or refund faulty merchandise
  • Borrower refuses to make payments on a loan
  • A dry cleaner will not pay for clothing which was damaged or lost
  • Unnecessary repairs or work done on a car by a mechanic
  • Which County do I file my case in?

    The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Telfair County, you may file the case in this County. 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. 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 Telfair County, file it here).
    The plaintiff must also pay a filing fee. The filing fee includes the cost to serve one defenant. Filing fees vary county to county but are generally 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 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, 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).

    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. The defendant has 30 days to respond or answer the claim.

    When will my hearing date be?

    In Telfair 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.

    Telfair County Court Location

    The Telfair County magistrate court is located at:

    19 East Oak Street
    McRae, GA 31055

    It can be reached by telephone at: 229-868-6772. The fax number is 229-868-6092. The magistrate judge is Chief Magistrate Brian O. Selph.

    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 an attempt to try and settle the case without a hearing. Even if mediation is successful, a plaintiff can still seek to recover court costs. In the event the mediation does not resolve the claim, the case will proceed to the hearing. 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 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:

    • 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.” 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).

    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
    • The amount of money the plaintiff is requesting
    • 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 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 by either the state or superior court in the 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.

    Do I need to 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. Small Claims court judges are heard and decided without a jury. Sometimes, mediation is recommended or required before the judge will hear the case.

    Telfair County Small Claims Court

    Telfair County Small Claims Court

    Small Claims courts are also called Magistrate Courts in Telfair County. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court.
    The purpose of magistrate court is to resolve claims in an informal manner for any amount less than $15,000. Because of this, the disputes in this court are handled quickly and inexpensively.

    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. The counterclaim will likely be heard the same day as the plaintiff’s claim.

    How do 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)
    • 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 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 of the Magistrate Court for Telfair County.

      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 only thirty days to respond to the caim. Once this time period passes, the defendant is in “default.”

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