Union County Small Claims Court

Union County Small Claims Court

Locations for Union County Small Claims Court

The magistrate court for Union County is located at:

It can be reached by telephone at: 706-439-6008. The fax number is 706-439-6104. The magistrate judge is Chief Magistrate Johnie M. Garmon.

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. 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:

• 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 street address of the defendant (this is what the court uses 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)
• Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)

Do I need to hire an attorney?

You may hire an attorney but you are not required to. You are able to file the case on your own, without the assistance of an attorney (again, the process was designed to be inexpensive). 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.

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.

How do I pick a hearing date?

The court selects the hearing date after the defendant responds to the claim in Union County. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.

Can I file my case in Union County?

The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Union 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. (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.
Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. This filing fee includes the cost for the clerk to serve one defendant. The actual filing fee varies amongst counties but is usually 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 is usually between $25 to $35 and caries by county.
The Union County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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. Also, the clerk will not be able to tell you if they think you will win.

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 is heard in the state or superior court of Union 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.

Preparing for the Hearing

Prior to the hearing you should:

• 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 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 of the Magistrate Court for Union County.
  

  Hearing Procedures and Mediation

  Some counties require you to go to mediation before a hearing in front of a judge. 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 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.). In the event the mediation does not resolve the claim, the case will proceed to the hearing. 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.
  If the plaintiff fails to appear at the hearing, the court may:

  • 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.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.

  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.

  Which Types of Cases are Usually filed in Union County Small Claims Court?

  Here are examples of cases that are often found in 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 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
  • Automobile shop conducts unnecessary repairs or work on your car

  

  Small Claims courts are also called Magistrate Courts in Union County. These courts are used to resolve disputes if the parties are unable to resolve the dispute.
  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.

  What’s a default judgment?

  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 granted, the plaintiff is entitled to what he or she asked for in the action and 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 claim. Once this time period passes, the defendant is in “default.”