THIS IS GENERAL INFORMATION ONLY. IF YOU NEED LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY
What is Magistrate Court?
Magistrate Court is the People’s Court. Any claim of $15,000.00, or less can be filed in the Magistrate Court without a lawyer. The claim can be brought against individuals, businesses or both.
Deciding to Sue
You must prove that the person you are suing owes you something. If you cannot prove your case, you will lose, even though you may be right. You can prove your case with evidence such as a written contract, a receipt, a bill of sale, a warranty, or by reliable witnesses who come to the court with you to testify. If you claim that something wasn’t repaired properly or that something is defective you will need an expert witness, such as a mechanic or someone who is skilled in the subject matter of the case.
You should also consider whether it’s worth it to file a suit. Does the defendant have resources available to pay a judgment. Does he/she have a job earning sufficient wages to be subject to garnishment? Does he/she have a saving or checking account? Consider these questions before filing. A judgment is collectible only if the defendant has assets available to pay judgment.
The person you sue must live in, or be a company doing business in Barrow County in order for you to sue in Barrow County.
How to File
The Magistrate Clerk will give you the paperwork to file your claim. Before filing you will need to know the name and physical address of the person or business you are suing, the amount you are suing for, and why you are suing.
In order for the Court to pass judgment in your case, you have to sue the right person. The person you sue is called the “defendant.” If the defendant owns a business that is not incorporated, you need to sue the person and the trade name he does business under. You must pay additional court cost to sue both the individual and business operating under a trade name. You can find out the exact trade name as it is registered with the Barrow County Superior Court Clerk, by going to the Clerk of Courts Office, Barrow County Courthouse, Winder, Georgia.
If the defendant is a corporation, you must sue the corporation itself, rather than someone who works for the corporation. Call the Corporations listing office of the Secretary of State (404) 656-2817 to obtain the name of the registered agent for service and the agent’s address.
In addition, you must include your name, complete mailing address and a daytime telephone number.
Statues of Limitations
The law limits the time during which a claim may be filed. The limits for the most commonly filed suits are:
Open accounts…………4 years
Contracts……………….6 years
Personal injury…………2 years
Property damage……….4 years
Filing Fee
If you are suing someone, you must pay a $69.00 filing fee. This fee includes filing and service on the defendant. If you are suing more than one defendant (for example a husband and wife) there are additional fees:
$25.00 to add each additional defendant.
Notifying the Defendant
The Sheriff’s Office will serve defendant (s) with a copy of the Statement of Claim and Summons. The papers will inform the defendant of the nature of your claim. The defendant has 30 days, in most cases, from the date of service to answer your claim followed by a 15 day default period in which he/she can pay the court cost and file a late answer. If the defendant answers your suit, the Clerk will notify both parties by mail of the trial date, time and location.
Claims by the Defendant Against You
The defendant is allowed to make a claim against you related to your claim against him/her. This type of claim is called a counterclaim. You must notify the court of the counterclaim when you file your answer. The counterclaim will also be heard on the trial date.
Preparing for Trial
While you are waiting for trial, you should gather all your evidence.
Collect all contracts, receipts, repair bills, bills of sale, or other papers you might need, and bring these things to court with you for your trial.
It is best to bring eyewitnesses, like someone who saw what happened. If a witness that is important to your case will not come to court, you can obtain a subpoena, issued by the Clerk. The subpoena will cost you $2.00.
You may serve the subpoena yourself (personally or by mail) or have the Sheriff’s Office serve it. There is an additional cost if the Sheriff serves the subpoena. This fee is paid in the Sheriff’s Office. This will require the witness to appear in court. If you serve a subpoena by mail, it must be certified with return receipt. The return receipt is your proof of service. Please bring it to court with you. If you have property damage, bring your repair bill or at least two written estimates of repair cost and the person who made the repairs or give estimates. To prove defective workmanship, you may need an expert witness, such as an experienced mechanic, to prove incorrect repairs.
The Trial
It is important for you to appear on time with all of your evidence and witnesses. If you are late or fail to appear, you may automatically lose your case. You should prepare what you want to say before the trial so that what you say is clear, short and convincing. Be sure to bring all of your evidence, including witnesses to court with you.
Dress appropriately for the occasion. Dress should be modest, comfortable, and presentable. NEVER WEAR SHORTS, TANK TOPS,HALTER-TOPS ,MINI SKIRTS, OR OTHER SUCH ITEMS TO COURT. Use common sense when deciding what to wear to court. The court is not concerned about the quality, style or condition of your clothing; HOWEVER, the court is concerned that everyone in the courtroom show respect for each other, that they take the proceedings seriously, and that there be no distractions. You want the judge to focus on the issues of your case not on how your dressed.
After all the facts have been heard, the judge will make a decision
Default
If the defendant does not answer your complaint or does not come to court, you may get a judgment without having to go to trial. This is called a default judgment and should be for the full amount of your claim plus court costs. If you are suing for damages (for example, your claim is for automobile damages) you will not automatically obtain a default judgment and must appear before the judge to prove your damages. If the defendant does not answer the claim you must request a default judgment from the court.
The court does not automatically issue a default judgment.
MAGISTRATE COURT OF BARROW COUNTY
JUNE DAVIS
Chief Magistrate