Camden County Small Claims Court
How do I prepare 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 is not cooperative or is not willing to appear, prepare a subpoena.
- 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 Camden County Clerk for the Magistrate 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 way for both parties to meet with an independent third party who can evaluate the case and try to reach a settlement that is agreeable to both 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 will hear evidence and provide an opportunity for both the plaintiff and the defendant to introduce their evidence (and allow each side to comment on the evidence introduced by the other party). When both parties are done, the judge will issue a decision (or judgment). The judge may award damages to the plaintiff, defendant, or both depending on the facts of the case.
If the plaintiff does not appear at the hearing, the court may do any of the following:
- Allow the defendant to present evidence and render a decision without hearing from plaintiff
- Postpone the case until a later date
- The court can 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.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.
Can the Defendant sue 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. The counterclaim of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.
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. After that, the defendant has thirty days to respond or answer the claim.
Which County do I file my case in?
If you are suing a person, you must file the case in the County where they live. If the defendant lives in Camden County, you can file the case in this County. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. 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 Camden County, you can file here.
The plaintiff must also pay a filing fee. A portion of the filing fee is for the cost for the court clerk to serve one defendant. Filing fees vary county to county but are generally 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 Camden County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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. The clerk will also not be able to tell you whether he or she believes you will win your case.
Locations for Camden County Small Claims Court
The Camden County magistrate court is located at:
The court can be reached by telephone at: 912-576-5658 and fax at 912-576-7955. The magistrate judge is Chief Magistrate Jennifer E Lewis.
Can I hire an attorney for my Camden County Small Claims Court case?
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.
Camden County Small Claim courts may also be referred to as Magistrate Courts. 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. They are designed to quickly and inexpensively settle the dispute.
What is a default judgment and why is it bad?
When a defendant fails to appear at the hearing or respond to the claim, the court can grant a default judgment. 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 caim. If the defendant fails to respond, the defendant is in default.
Hearing Date for my Small Claims Case
In Camden County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is usually fifteen to thirty days after the defendant files an answer.
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 include the following details:
- 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)
- 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)
What types of cases are filed in Camden County Small Claims Court?
Here are examples of cases that are often found in small claims court:
- A tenant refuses to pay for damages which are more than the security deposit
- Renter fails to pay rent or Owner seeks to evict renter
- Renter moves out and Owner fails to return deposit
- A merchant refuses to repair, replace, or refund faulty merchandise
- Borrower refuses to pay back money which was loaned
- Business loses or damages personal property and refuses to pay
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
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. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). Appeals must be filed within 30 days of the judge’s decision.