Habersham County Small Claims Court
What types of cases are filed in Habersham County Small Claims Court?
Here are examples of cases that are often found in small claims 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 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
- A mechanic charges for work not completed, unnecessary repairs, or poor workmanship.
Procedures for the Hearing
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 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.). 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.
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
- 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.” 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).
Habersham 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 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 is a default judgment and why is it bad?
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 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 a 30 day window to respond to plaintiff’s claim. If the defendant fails to respond, the defendant is in default.
Can I hire an attorney?
When will my hearing date be?
In Habersham County, the court selects the hearing date after the defendant responds to the claim. Hearing dates are usually 15 to 30 days after the date the answer was filed.
Can the Defendant sue the Plaintiff?
Can the Defendant sue the Plaintiff?
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. The counterclaim of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.
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. 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:
- 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 strees address of the defendant
- Amount of money plaintiff is seeking (sometimes called damages)
- Explain why the defendant is being sued (and why the 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)
How should I prepare for the hearing?
We recommend taking the following steps to prepare for your 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).
- 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 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 Habersham County.
Habersham County Court Location
The magistrate court for Habersham County is located at:P.O. Box 580 226 Grant Street Clarkesville, GA 30523
It can be reached by telephone at: 706-754-4871. The fax number is 706-839-7093. The magistrate judge is Chief Magistrate James N. Butterworth.
Defendant’s Time to Answer
After the case is filed the court clerk serves the defendant with a copy of the claim along with a summons. The defendant has 30 days to respond or answer the claim.
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 in the state or superior court of Habersham 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.
Is Habersham County the “proper” County for my case?
The case must be filed in the County where the defendant (or the person you are suing) lives. If the defendant lives in Habersham County, you may 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. (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 you are suing an unincorporated business, you must file the case where the business is physically located. If the business is in Habersham County, you can file 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 Habersham County Clerk for the Magistrate Court can help you complete the necessary forms but CANNOT give 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. Additionally, the clerk will not be able to tell you if they think you will win your case (so don’t bother asking).