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 Wilkes County. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). The appeal needs to be filed within thirty days of the court’s decision.
Do I need to hire an attorney?
In County cases, you may hire an attorney to represent you but are not required to do so. You are able to file the case on your own completely without the assistance of 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). Sometimes, mediation is recommended or required before the judge will hear the case.
How should I prepare for the hearing?
The following steps are recommended to prepare for the hearing:
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).
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.
Similarly, if you need additional documents that are not in your possession, you can issue a subpoena for the documents 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.
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 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.
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 it is granted, the plaintiff is entitled to the amount of damages asked for in the suit, plus 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 claim. Once defendant fails to respond, the defendant is in “default.” Wilkes County Small Claims CourtIn Wilkes County, small claims court is sometimes called magistrate court. If you are unable to settle a dispute with a person or business, the matter can be filed in magistrate court. The magistrate or small claims court was designed so that disputes under a certain amount ($15,000) could be handled informally. Because of this, the disputes in this court are handled quickly and inexpensively.
Locations for Wilkes County Small Claims Court
The Wilkes County magistrate court is located at:
23 East Court St., Ste 427
Washington, GA 30673
It can be reached by telephone at: 706-678-1881. The fax number is 706-678-1865. The magistrate judge is Chief Magistrate Rosa Lee Martin.
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 the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. 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 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 Wilkes County, file it here). Plaintiff has to also pay a filing fee which is submitted with the initial paperwork. The filing fee includes the cost to serve one defenant. The filing fee varies by each county but is generally 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. This extra charge could be between $25 and $35. 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. 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.
Types of Cases Filed in Wilkes County Small Claims Court
Here are some examples of common case types which are filed in Wilkes County 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
A person who borrowed money refuses to return it
Business loses or damages personal property and refuses to pay
Unnecessary repairs or work done on a car by a mechanic
What are the procedures for filing a case?
The case begins with the plaintiff filing 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 include the following details:
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
Include the amount of money you are asking for as the plaintiff
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)
When will my hearing date be?
The court selects the hearing date after the defendant responds to the claim in Wilkes County. Hearing dates are usually 15 to 30 days after the date the answer was filed.
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 an attempt to try and settle the case without a hearing. Even if the parties are agreeable to settling the case through mediation, a plaintiff may still ask the defendant to pay court costs. In the event the mediation does not resolve the claim, 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 both (or all parties) are done presenting evidence, the judge will issue 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:
The court can allow defendant to put on his or her evidence and then issue a decision without hearing from the plaintiff.
The court can continue the case to a later date
Dismiss the case
If the defendant does not show at the hearing, the court has the authority to grant a default judgment against the defendant. The name comes from the fact that because the defendant does not show, the plaintiff wins the case by “default.” 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).
How Much Time Does a Defendant Have to Answer?
After the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. From that point, the defendant has thirty days to respond or answer.
