Small Claims Court in Cherokee County

In Cherokee County, GA small claims cases are typically filed in the Magistrate Court. Cherokee County has one Magistrate Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Cherokee Court System.

Small Claims Court

The Magistrate Court of Cherokee County, commonly referred to as small claims court, handles cases where the claim is $15,000 or less. If your claim is higher than $15,000, the Magistrate Court can’t hear it. Instead, you’ll need to file your case in either the State Court or the Superior Court. This $15,000 limit applies not only to the claim you’re filing, but also to any counterclaim the defendant might file if it exceeds $15,000.

In a civil lawsuit, the person who files the case is called the "Plaintiff," while the person being sued is the "Defendant." It's important to make sure that the correct plaintiff(s) and defendant(s) are named on the claim form. If the wrong parties are listed, it could lead to an unfavorable judgment.

Cases Handled

Small Claims Court is designed to help people resolve a range of issues without needing a lawyer. Some common types of cases handled in this court include:

• Disagreements between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged belongings
• Debt collection issues
• Disputes over auto repairs
• Problems with the quality of construction work
• Claims about defective products
• Breaches of contracts or verbal agreements

These are just a few examples of the types of cases you can bring to Small Claims Court for resolution.

Filing a Claim

If you’re filing a claim against an individual, it should be filed in the county where the person legally resides. When the claim is against a business, the location depends on the type of business:

• Sole proprietorship: File in the county where the business owner lives.
• Partnership: File in the county where at least one of the partners resides.
• Corporation: File in the county where the corporation does business or where it has designated its registered agent for service, according to the Secretary of State’s records.

If you're suing multiple defendants who live in different counties, you can choose to file the claim in any of the counties where one of the defendants resides.

If you file a claim in the Magistrate Court of Chatham County and later find out that the defendant actually lives in a different county, you can request to have the case transferred to the correct county. Keep in mind, you may need to pay an additional service fee for this transfer.

To file a claim, you’ll need to complete a Statement of Claim form and a Sheriff's Entry of Service form. If there are multiple defendants and they need to be served at different addresses, you’ll have to pay an additional service fee for each address.

How to File a Claim

When filing a claim, you must include the plaintiff's full name, address (including zip code), and phone number. You also need to provide the defendant’s correct name and address, including the zip code. If the defendant is a business, be sure to use its legal business name.

You’ll also need to select the type of claim you're filing, such as suit on a note, suit on an account, damages, or another type. After that, give a brief description of your claim and the amount you're seeking. Lastly, you must sign the form in front of a notary public or a deputy clerk at the Magistrate Court and provide identification, such as a driver’s license.

The Sheriff's Department will deliver the civil suit to the defendant at the address you provide. If they can’t locate the defendant, you’ll have the option to provide a new address (along with an additional service fee) or you can hire an approved private process server to deliver the suit.

The defendant has thirty (30) days from the date of service to file an answer with the Court. If the defendant does not file an answer within this timeframe, they will be considered in default. The defendant then has an additional fifteen (15) days to file an answer by paying all accrued court costs to reinstate the case.

Once the defendant has filed an answer, the Court will then schedule a hearing and notify all parties involved by regular U.S. Mail.

Defendant

When filing your answer with the Court, you have the option to file a counterclaim. A counterclaim is like a Statement of Claim, but it's filed by the defendant against the plaintiff. If the counterclaim exceeds the jurisdictional limits of the Magistrate Court, the case will be transferred to a court that has proper jurisdiction. In most cases, the entire case will be transferred. However, in some situations, only the defendant’s counterclaim may be transferred, while the plaintiff's original claim stays in the Magistrate Court.

The plaintiff is responsible for paying the court costs when the case is filed. However, if the plaintiff wins the case, the court may order the defendant to reimburse these costs to the plaintiff.

Going to Court

• Bring anyone who has direct knowledge of the facts related to your case.
• Bring documents, photographs, repair bills, receipts, or any other physical evidence that supports your case.
• A witness must testify in person if they have direct knowledge of the facts.
• If the witness is not physically present in court, under oath, and available for cross-examination, their statements cannot be used.

Subpoena

• You can compel a witness to appear by serving them with a subpoena.
• A subpoena can be obtained from the Magistrate Court.
• You must have the witness’s name and address for service.
• The subpoena will be served by the Sheriff's Department.
• There is a specific type of subpoena for documents called a "subpoena duces tecum."
• This subpoena should be served on the custodian of the documents you are requesting.
• You can obtain the subpoena from the Magistrate Court.

Case Decision

• After both sides have presented their case, the Judge will usually announce the decision from the bench.
• If the Judge needs more time to make a decision, they may hold the case under advisement.
• Once the decision is made, a copy of the judgment will be mailed to all parties by the Court.

Serve the Defendant

It’s crucial to ensure that the defendant receives a copy of the Statement of Claim so they are aware of the claim and can respond to the court. In the Magistrate Court of Cherokee County, the Marshal is responsible for serving these documents.

• When you file your suit, the Clerk's Office will collect both the filing and service fees.
• The Clerk’s Office will then send the necessary papers to the Marshal for service.
• A Marshal or Deputy Marshal will serve the Summons and Statement of Claim, along with any attachments, to the defendant.

Defendant fails to file an answer

If the defendant fails to file an answer within forty-five (45) days of service, the plaintiff can request a default judgment. If the claim is for liquidated damages and proper documentation is submitted to the court which proves the claim, a default judgment may be issued. If the claim is for unliquidated damages, the case will be scheduled for a default hearing

Meditation

Mediation offers a more informal and collaborative way for parties to resolve disputes, in contrast to formal court hearings. The goal is to reach a mutually acceptable and voluntary agreement between all parties involved.

• Role of the Mediator:
  • A mediator helps identify key issues, encourages joint problem-solving, and explores settlement options. However, mediators do not serve as advocates or attorneys and do not provide legal advice.
• Mediation Process:
  • Mediation is aimed at reaching a voluntary agreement between the parties.
  • Any agreement made during mediation is legally binding, meaning it can be enforced in court.
  • While mediation is mandatory, there’s no guarantee that an agreement will be reached. If no agreement is made, the case will proceed to trial.
• Interpreter Assistance:
  • If you need an interpreter, contact the Mediation Clerk as soon as possible to request assistance. Your case will be handled outside of the Mediation platform to ensure you receive the necessary language support.

Cost

• When filing a lawsuit, the plaintiff must pay a filing fee of $54.00.
• The cost to serve one defendant is $35.00, with an additional $35.00 for each extra defendant.
• Payments can be made in cash, by money order, cashier’s check, or other certified funds. - - Personal checks, debit cards, and credit cards are not accepted.

Default Judgment

Filing an Answer

• A defendant has thirty (30) days to file an answer to a claim.
• If the defendant does not file within this period, they have an additional fifteen (15) days to submit a late answer and pay the court costs to avoid being in default.
• If the defendant fails to file an answer or pay the court costs, the case is considered in "default," and the Court may issue a judgment in favor of the plaintiff.

Requesting a Judgment

• If the defendant is in default, the plaintiff must request a judgment from the court in writing.
• The plaintiff may also need to appear in court to prove damages, and will receive a notice if a hearing is required.

Judge’s Review

• The judge will review the case to determine whether to enter a judgment immediately or schedule a hearing to decide the damages.

Types of Damages

• Liquidated Damages: These are specific amounts, such as those from an invoice or contract, and can lead to an immediate judgment if all necessary documentation is provided.
• Unliquidated Damages: These are uncertain amounts, like those from an accident or defective work, and require a hearing to prove the amount owed, even if the defendant has not contested the claim.

Judgment

Options for Enforcing a Judgment

To enforce the collection of a judgment, you have several options. It’s a good idea to consult with an attorney or do research to fully understand all available remedies. Common methods include:

• Filing a Garnishment Action: This directs a third party (such as the defendant’s employer or bank) to withhold funds or property to satisfy the judgment.
• Recording a Writ of Fi Fa: This creates a lien on the defendant's real estate. You must record the writ in the general execution docket at the Superior Court in the county where the defendant resides.
• Filing a Levy: This allows the Marshal to seize and sell the defendant’s personal property to satisfy the judgment.

Each method has its own specific procedures and requirements, so it’s important to select the one that best fits your situation.

Credit Reporting and Court Records

• The Court does not report judgments to credit reporting agencies and does not control how long judgments appear on credit reports.
• Court records are public and accessible to these agencies.
• If there are issues with how a judgment is reported on your credit report, you must contact the credit reporting agency directly.
• Certified copies of court records can be obtained for a fee if needed.
• A credit reporting agency may report a judgment for up to seven (7) years, while the Court’s record of the judgment remains available indefinitely.

Courthouse Locations:

Cherokee County Magistrate Court

90 North Street, Suite 150\ Canton, GA 30114
(678) 493-6431
https://www.cherokeecountyga.gov/

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Cherokee County

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