Thomas County Small Claims Court
Appealing 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 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). Appeals must be filed within 30 days of the judge’s decision.
Which County do I file my case in?
If the defendant is a person, the case must be filed in the County where they live. If you are suing a corporation, you must file your case 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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Thomas County, you can file here.
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). The filing fee includes the cost to serve one defenant. The filing fee varies by each county but is generally between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). The extra charge could is usually between $25-$35 (to serve the added party).
The Thomas County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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. Also, the clerk will not be able to tell you if they think you will win.
When will my hearing date be?
The court will select a hearing date after the defendant files an answer to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.
Can the Defendant sue the Plaintiff?
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.
What is a default judgment and why is it bad?
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 granted, the plaintiff is entitled to what he or she asked for in the action and 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 defendant fails to respond, the defendant is in “default.”
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 completely without the assistance of an attorney. 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. 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.
Thomas County Court Location
The Thomas County magistrate court is located at:
It can be reached by telephone at: 229-225-3330. The fax number is 229-225-3342. The magistrate judge is Chief Magistrate S. Andrews Seery.
Types of Cases Filed in Thomas County Small Claims Court
These are some examples of the types of cases that are filed in magistrate court:
- Renter does not or will not ay for damages to rental property
- A landlord wants to evict a tenant for failure to pay rent
- Renter moves out and Owner fails to return deposit
- A Merchant fails to address issues with faulty merchandise
- A person who borrowed money refuses to return it
- A dry cleaner will not pay for clothing which was damaged or lost
- Unnecessary repairs or work done on a car by a mechanic
- 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
- Explain why the defendant is being sued (and why the defendant owes the money)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- 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.
- 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 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 Thomas County.
How does the defendant learn of the case?
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.
What are the procedures for filing a case?
The plaintiff (or person filing the action) needs to file 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 include the following details:
What are the hearing procedures?
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 way for both parties to meet with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to both 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.). If mediation is not successful, 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 both (or all parties) are done presenting evidence, the judge will issue a decision. 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:
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).
In Thomas County, small claims court is sometimes called magistrate court. 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.
How do I prepare for the hearing?
The following steps are recommended to prepare for the hearing: