THIS IS GENERAL INFORMATION ONLY. IF YOU NEED LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY
WHAT TO DO IF YOU ARE SUED IN THE MAGISTRATE COURT OF BARROW COUNTY, GEORGIA
STEP #1 – READ THE CLAIM
As soon as you receive any paperwork from the Magistrate Court, read it carefully, or have someone read it to you, word for word, front and back.
This paperwork will tell you exactly what the claim is about and what you must do next. DO NOT LAY THE PAPERWORK ASIDE OR IGNORE IT. FAILURE TO ACT PROMPTLY COULD CAUSE YOU TO AUTOMATICALLY LOSE YOUR CASE.
STEP #2 – ANSWER THE CLAIM
File your answer with the Magistrate Court within the deadline stated in the paperwork. The time for filing your answer depends on the type of claim that has been filed. For example: The time for filing an answer to an eviction case is 7 days while the time allowed to answer a claim for damages involving an automobile accident is 30 days . Do not assume that you know when to file an answer, read the paperwork to be sure. If you cannot determine when the answer must be filed then bring your paperwork to the Magistrate Court right away, and someone will show you what the paperwork says about filing your answer.
HOW TO FILE AN ANSWER
It is easy to file your answer with the Magistrate Court. Just bring your paperwork to the Magistrate Court, and one of the clerks will give you the paperwork to file your answer in writing. You must do this yourself, or if you prefer, a lawyer can do it for you. You are never required to have a lawyer in the Magistrate Court, but you may decide that hiring a lawyer would be in your best interest. A lawyer is trained to understand court procedures and how the law would apply to the facts of your case.
WHERE TO FILE
Barrow County Courthouse
652 Barrow Park Drive
Suite F
Winder, GA. 30680
(770) 307-3050
DO NOT WAIT FOR A COURT NOTICE BEFORE FILING YOUR ANSWER! You must file your answer within the deadline stated in your paperwork or else you may automatically lose your case without a court hearing.
COUNTERCLAIMS
If you have a claim against the person who is suing you, you can file your claim along with your answer. This is called a counterclaim.
STEP #3 – LOOKOUT FOR YOUR NOTICE TO APPEAR IN COURT
Sometimes you will be told your court date when you file your answer, but usually you will be sent a court date notice by mail. Remember to always have your paperwork with you when you contact the court.
STEP #4 – PREPARE FOR YOUR HEARING
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. Contact all of your witnesses and let them know the court date.
It is best to bring eyewitnesses, if there are any. If a witness that is important to your case will not come to court, you can obtain a subpoena, issued by the Clerk. You may serve the subpoena yourself (personally or by mail). This will require the witness to appear. 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 the claim or counterclaim involves damage which hasn’t yet been fixed, it is good to bring with you at least two written estimates or repair cost, and the person who made the estimates. To prove defective workmanship or to defend against a claim to defective workmanship, you may need an expert witness, such as an experienced mechanic, to verify your claim to defense.
Step #5 – SHOW UP FOR COURT ON TIME
Please locate the courthouse and courtroom before your court date, if possible. Also check to see where you can park. If you are not in court when your case is called for trial you may automatically lose your case.
Step #6 – DRESS APPROPRIATELY
You do not have to dress up to come 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 unnecessary distractions. You want the judge to focus on the issues of your case not on how you are dressed.
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.
STEP #7 – THE TRIAL
The Magistrate Court hears civil cases at the Magistrate Courtroom, located on the ground floor of the Barrow County Courthouse.
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. Organize all of your documents so that you can put your fingers on what you want the judge to see.
The trial is the time to present all of your evidence. It will do you absolutely no good to tell the judge that you have receipts back home or that there are witnesses somewhere that could verify what you say. The court cannot consider hearsay evidence. BRING ALL OF YOUR EVIDENCE WITH YOU TO COURT.
Listen closely to what is being said. It is up to you to make sure all the facts are presented fairly and accurately. If anyone changes his story, let the judge know. Be courteous. Do not speak when someone else is speaking.
If the judge speaks or bangs his gavel, stop whatever you are doing or saying and give the judge your undivided attention. After all the facts have been heard, the judge will make a decision.
STEP #8 – APPEALS
Both parties have the right to appeal the judge’s decision. Appeals may be filed in the clerk’s office of the Magistrate Court. You must file your appeal within 30 days from the date of your judgment. There will be a charge of $80.00 to file the appeal. We accept cash or check. If writing a check please make it payable to the Superior Court of Barrow County.
STEP #9 – COLLECTING THE JUDGMENT
Once the judge enters a judgment and the time for appeals has expired, then the party who owes money has a duty to pay. If payment is not made, then the prevailing party may request the court to issue a Writ of Fieri Facias, commonly referred to as a Fi Fa. There will be a charge of $7.00 for the Fi Fa. The prevailing party can take the Fi Fa to the Sheriff’s Office located in the courthouse and request that a demand be make for the amount owed. The prevailing party can also levy on any property of the losing party which is free and clear of any liens. The prevailing party must be able to describe the property (serial numbers, vehicle I.D., etc.) to the Sheriff.
The prevailing party may file a garnishment in the Magistrate Court to collect the judgment from the wages or bank account of the losing party if the party works in Barrow County. If the party works in a different county then the garnishment must be filed in that county.
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The losing party has the right to ask the court to allow the judgment to be paid in installments. If the court grants the request, both parties will be given a written order from the court which details how payments are to be made.
MAGISTRATE COURT OF BARROW COUNTY
JUNE DAVIS
Chief Magistrate