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 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 mediation is successful, a plaintiff can still seek to recover 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 judge may award damages to the plaintiff, defendant, or both depending on the facts of the case. 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
continue the case.
The court can 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 should I prepare for the hearing?
The following steps are recommended to prepare for the hearing:
Collect all the documents you need for your case. Also prepare extra copies for the judge and other party (or parties)
Speak with all witnesses you intend to call to support your case. You should confirm they are available and willing to appear on the hearing date.
If a witness is not cooperative or is not willing to appear, 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 Toombs County.
How can I file a claim?
A plaintiff (person who starts the claim or lawsuit) must file a sworn statement with the clerk of the appropriate magistrate court. The sworn statement describes the charges made against the defendant (the person or business that is being sued by the plaintiff). The sworn statement should usually include the following:
The name, address, and telephone number of the plaintiff (and attorney if there is one)(Make sure this is correct as this is how the court will contact you if there are any issues)
Name and strees address of the defendant
Amount of money plaintiff is seeking (sometimes called damages)
Brief, succint statement detailing why the defendant is being sued (include dates of all relevant events)
Include copies of all documents relevant to the claim (perhaps a contract for the purchase of a product, or lease)(Keep the originals with you for when you appear at the court trial)
Can the Defendant File a Claim Against the Plaintiff?
The defendant is able to sue the plaintiff (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. The counterclaim will likely be heard the same day as the plaintiff’s claim.
How do I appeal a judgment?
If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal is heard in the state or superior court of Toombs 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.
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. (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 business you are suing is unincorporated, you should file the case in the County where the business is physically located. The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). A portion of the filing fee is for the cost for the court clerk to serve one defendant. Filing fees vary county to county but are generally between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). This extra charge could be between $25 and $35. 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. Also, the clerk will not be able to tell you if they think you will win. Toombs County Small Claims CourtIn Toombs 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 magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. They are designed to quickly and inexpensively settle the dispute.
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 can file the case on your own (without retaining 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.
How do I pick a hearing date?
In Toombs 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.
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 a default judgment is entered, the plaintiff is awarded the amount that was requested in the claim along with 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.
Defendant’s Time to Answer
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.
Toombs County Court Location
The magistrate court for Toombs County is located at:
PO Box 1460
Lyons, GA 30436
The magistrate judge is Chief Magistrate John C. Matheson. The telephone number for the court is: 912-526-8984. The fax number is 912-526-8985.
Which Types of Cases are Usually filed in Toombs 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
Renter fails to pay rent or Owner seeks to evict renter
Renter moves out and Owner fails to return deposit
A Merchant fails to address issues with faulty merchandise
Borrower refuses to make payments on a loan
Business loses or damages personal property and refuses to pay
Unnecessary repairs or work done on a car by a mechanic
