Walker County Small Claims Court
How can I file a claim?
The case begins with the plaintiff filing 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 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)
- 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)
- Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
- Ensure you have all copies of any documents you need for the case. You should make at least two additional sets of copies (one for the court and one for the other party).
- 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 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 documnt which can be completed by you and issued by the court which commands a person to appear in court and may require them to bring certain documents to court as well.
Small Claims courts handle cases where the amount in dispute is less than $15,000.00. Because of this, the disputes in this court are handled quickly and inexpensively.
Preparing for the Hearing
We recommend taking the following steps to prepare for your hearing:
A subpoena can be obtained from the clerk’s office.
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 must be filed within thirty days of the court’s decision.
Locations for Walker County Small Claims Court
The magistrate court for Walker County is located at:
It can be reached by telephone at: 706-638-1217. The fax number is 706-638-1218. The magistrate judge is Chief Magistrate Sheila Thompson.
Defendant’s Counterclaim
Yes. 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.
Types of Cases Filed in Walker County Small Claims Court
These are some examples of the types of cases that are filed in magistrate 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
- Tenant moves out and landlord refuses to return security deposit
- A merchant refuses to repair, replace, or refund 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
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- continue the case.
- Dismiss the case
Hearing Date for my Small Claims Case
The court selects the hearing date after the defendant responds to the claim in Walker County. Hearing dates are usually 15 to 30 days after the date the answer was filed.
Hearing Procedures and Mediation
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 the parties are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay 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:
If the defendant fails to appear at the hearing, the court may grant a default judgment against the defendant. The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.
Is Walker 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 Walker 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. 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 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). 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. 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.
How Much Time Does a Defendant Have 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.
What’s a default judgment?
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 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 claim. Once defendant fails to respond, the defendant is in “default.”
Can I hire an attorney for my Walker County Small Claims Court case?
You may hire an attorney but you are not required to. You can file the case on your own (without retaining an attorney). 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). 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.