Can I hire an attorney for my Webster County Small Claims Court case?
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). 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.
Procedures for the Hearing
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 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 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 court may award damages to the plaintiff, defendant, both, or none of the parties depending on what the facts of the case warrant. If the plaintiff fails to appear at the hearing, the court may:
allow defendant the opportunity to put on evidence and issue a decision without the plaintiff present.
continue the case.
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).
Which Types of Cases are Usually filed in Webster 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
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
Borrower refuses to pay back money which was loaned
Business loses or damages personal property and refuses to pay
Automobile shop conducts unnecessary repairs or work on your car
Can I file my case in Webster County?
The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Webster County, you may file the case in this County. If you are suing a corporation, you must file your case 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 the defendant is an unincorporated business (fancy for is not a corporation), file the case in the county where the business is physically located (ie. if the business is located in Webster County, file it here). 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. If an additional defendant is named in the action, there will be an extra charge for the court to serve the additional party. The extra charge is usually between $25 to $35 and caries by county. 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, 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.
What is a default judgment and why is it bad?
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 it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 a 30 day window to respond to plaintiff’s claim. If the defendant fails to respond, the defendant is in default.
How do I prepare 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.
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 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 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 Webster County Clerk for the Magistrate Court.
Filing Procedures for Webster Small Claims Court cases
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). At a minimum, the sworn statement should include the following facts:
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)
The amount of money the plaintiff is requesting
Detail why the defendant is being sued (and why this defendant owes the money)
Copies of all relevant documents regarding the claim (for example, any contracts, receipts, etc.)
When will my hearing date be?
The court selects the hearing date after the defendant responds to the claim in Webster County. The date for the hearing is usually fifteen to thirty days after the defendant files an answer. Webster County Small Claims CourtSmall Claims courts are also called Magistrate Courts in Webster County. If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court. 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.
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. From that point, the defendant has thirty days to respond or answer.
Locations for Webster County Small Claims Court
The magistrate court for Webster County is located at:
PO Box 18
6330 Hamilton St., Rm 101
Preston, GA 31824
The court can be reached by telephone at: 229-828-3615 and fax at 229-828-3616. The magistrate judge is Chief Magistrate J.H. Jimmy Bankston.
Can the Defendant File a Claim Against the Plaintiff?
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. A defendant’s counterclaim is generally heard at the same time and date as the plaintiff’s original claim.
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 in the state or superior court of Webster 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.
