Turner County Small Claims Court
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 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 mediation is not successful, the case will proceed to the hearing. The court takes in evidence and provides for all parties for an opportunity to present their case. When all parties are finished presenting their evidence, the court will render 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:
- The court can allow defendant to put on his or her evidence and then issue a decision without hearing from the plaintiff.
- continue the case.
- dismiss the case.
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).
The defendant is able to issue a claim against 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.
What is a default judgment and why is it bad?
If the defendant fails to answer the claim or appear at the hearing, the judge can issue a default judgment without hearing from 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 is asking for non-monetary damages (like property), the court has to conduct a separate hearing to determine the dollar amount of the damages. The defendant has only thirty days to respond to the caim. Once 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. After that, the defendant has thirty days to respond or answer the claim.
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. 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)
- Include the name and street address of the defendant (this is what the court will use to serve 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)
- 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)
Small Claims courts handle cases where the amount in dispute is less than $15,000.00. The process is designed to be quick and inexpensive.
Can I hire an attorney for my Turner 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, without the assistance of an attorney (again, the process was designed to be inexpensive). 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). 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.
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 usually fifteen to thirty days after the defendant files an answer.
Preparing for the Hearing
Preparing 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 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 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 Turner County Clerk for the Magistrate Court.
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 Turner County. Either party may request a jury trial for purposes of the appeal (something which is unavailable at the magistrate court level). Appeals must be filed within 30 days of the judge’s decision.
What types of cases are filed in Turner County Small Claims Court?
Here are examples of cases that are often found in small claims court:
- Tenant does not and will not pay for damages caused to rental which are in excess of security deposit
- Renter fails to pay rent or Owner seeks to evict renter
- 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
- Dry cleaning business damages or loses items and refuses to pay for damage or loss
- Automobile shop conducts unnecessary repairs or work on your car
Turner County Court Location
The Turner County magistrate court is located at:219 E. College Ave, Rm 2 Ashburn, GA 31714
The court can be reached by telephone at: 229-567-3155 and fax at . The magistrate judge is Chief Magistrate Craig E. Poole.
Is Turner County the “proper” County for my case?
If you are suing a person, you must file the case in the County where they live. If the defendant lives in Turner County, you can 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. To find the registered agent, 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 Turner County, you can file here.
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. The filing fee varies by each county but is 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 could is usually between $25-$35 (to serve the added party).
The court clerk can direct you to the necessary forms and will check them for completeness once you have filled them out. However, the clerk is prohibited by law from giving 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.