Small Claims Court in Clayton County

In Clayton County, GA small claims cases are typically filed in the Magistrate Court. Clayton 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 Clayton Court System.

Small Claims Court

In Clayton County, GA, the Magistrate Court deals with disagreements where the amount in question is $15,000 or less, whether between individuals or businesses. If the parties can't reach an agreement on their own, the person bringing the case, called the plaintiff, has the option to file online or hire a lawyer if they prefer. It's the plaintiff's responsibility to convince the judge that they are entitled to compensation from the other side. Additionally, if there hasn’t been any activity on the case for five years, it might be dismissed.

Cases Handled

Small Claims Court addresses a variety of cases where individuals can find resolutions for different issues. Some examples include:

• Conflicts between tenants and landlords
• Personal injury claims Cases related to stolen property
• Claims for damaged belongings
• Debt collection disputes
• Problems with auto repairs
• Issues with construction quality
• Claims about defective products
• Breaches of contracts or verbal agreements

Filing a Claim

When filing a claim, the location where you file depends on whether the defendant is an individual or a corporation:

• For an individual, you should file in the county where they live.
• For a corporation, the claim needs to be filed in the county where the corporation’s registered agent is based. You can find out if a business is a corporation and get the registered agent’s information by reaching out to the Corporations Division of the Secretary of State at 404-656-2817 or by checking their website at Secretary of State’s Business Search.
• For an unincorporated business, file in the county where the business is physically located.
• For partnerships, you can file in the county where at least one of the owners resides.

If you have multiple defendants, you can file in any county where the venue is appropriate for at least one of them, as long as they are jointly and severally liable. It’s your responsibility to make sure you’re filing in the correct place for your case.

How to File a Claim

To file a claim with the Clerk of the Magistrate Court, the plaintiff needs to submit a Statement of Claim detailing the case against the defendant. Here’s what you should include:

1. Plaintiff’s Information: Your full name, address, phone number, and, if you have one, your attorney’s name.
2. Defendant’s Information: The defendant’s full name and street address.
3. Claim Amount: Specify the amount of money or property you’re seeking.
4. Explanation of the Claim: A brief description of why you’re suing the defendant, including the relevant dates of the incidents.
5. Supporting Documents: Attach copies of any important documents, like contracts, receipts, or canceled checks.

You can use the free multi-page NCR Statement of Claim form available at the Magistrate Court Clerk’s Office, which is typically sufficient for processing your claim. If you prefer to use your own document, make sure to bring enough copies for the clerk to serve.

While you don’t need to go into detail about the evidence you plan to present at trial, it’s important to provide enough information so the defendant understands the nature of your claim. Don’t forget to attach any supporting documents to your Statement of Claim.

File in the wrong court

If you file a case in a Magistrate Court that doesn’t have jurisdiction or isn’t the right venue, you won’t get a refund on your filing fees. However, you do have a couple of options to address this:

1. Case Transfer: If you can’t find the defendant for service in DeKalb County because they live in another county, you can request to transfer your case to that county. There’s no extra fee for this transfer; the DeKalb Clerk will move your case file and your filing fee to the new county’s Clerk. Just keep in mind that you might have to pay additional fees specific to that county.
2. Transfer to State or Superior Court: If you need to move your case from Magistrate Court to State or Superior Court, there will be a transfer fee, regardless of the county. The DeKalb Clerk will send your case file and the filing fee to the new court, but you’ll need to pay the transfer fee and possibly additional fees for service in the new court.

It’s also important to note that if any attempts at service have already been made, those service fees won’t be transferred to the new court.

Meditation

Mediation provides a way for parties to resolve their disputes through an informal and collaborative process, unlike a formal court hearing. The aim is to reach a mutually acceptable and voluntary agreement between the parties involved.

A mediator helps by identifying the issues, encouraging joint problem-solving, and exploring various settlement options. However, mediators do not serve as advocates or attorneys and do not offer legal advice.

Mediation Process

• Mediation offers a more informal and collaborative way for parties to resolve disputes, unlike traditional court hearings.
• The goal is to reach a mutually acceptable agreement that all parties voluntarily agree to.
• A mediator assists by identifying key issues, encouraging joint problem-solving, and exploring various settlement options.
• It's important to note that mediators do not act as advocates or attorneys and do not provide legal advice.
• Any agreement reached during mediation is legally binding, meaning either party can enforce it in court.
• While mediation is mandatory, there’s no guarantee that an agreement will be reached; if not, the case will proceed to trial.
• If you need an interpreter, contact the Mediation Clerk as soon as possible to request assistance. Your case will be handled outside the Mediation platform to ensure you receive the necessary language support.

Agreement

• You are not obligated to accept any settlement offer if you find the terms unacceptable; decisions made during mediation are entirely up to the parties involved.
• If an agreement cannot be reached, a court hearing before a judge will be scheduled for a later date.
• If an agreement is reached, both parties will have the chance to review and electronically sign it.
• Once signed, the agreement is filed with the court, becoming part of the public record and legally enforceable.
• After an agreement is reached, there’s no need for the parties to attend court.
• The agreement will outline the consequences and enforcement measures, detailing what happens if either party fails to comply.
• If one party does not uphold their end of the agreement, the other party can file paperwork with the court to claim a breach and seek enforcement.

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.
• For more information about filing a lawsuit, you can visit the Small Claims page or call 404-371-2261 for specific details.

Serve the Defendant

It's important to make sure that the defendants receive a copy of the Statement of Claim so they know about the claim and can respond to the court. In the Magistrate Court of DeKalb County, the Marshal handles the serving of these documents.

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

Defendant

• Filing Your Answer
  • You must submit your written answer to the Court within thirty (30) days of being served, counting the day after service as day one.
  • If the thirtieth day falls on a weekend or holiday, your answer is due on the next business day.
  • The crucial date is when your answer is physically received by the Clerk’s Office, so delivering it in person is advisable to avoid delays.
• Serving the Plaintiff
  • You are responsible for sending a copy of your answer to the plaintiff, either by personal delivery or first-class mail.
  • You must also file a certificate of service to confirm that you’ve mailed a copy to the plaintiff.
• Counterclaims
  • If you believe the plaintiff owes you money, you can include a counterclaim along with your answer.
• Default and Late Answers
  • If you do not file your answer by the thirty-first (31st) day after being served, the case will be considered in default.
  • You will then have an additional fifteen (15) days to submit a late answer and pay court costs to reopen the case.
  • Be aware that an answer filed more than forty-five (45) days after service may be deemed invalid.

Hearing

• Once your answer is filed, the Court will issue a notice for a hearing date.
• Hearings are typically scheduled to occur at least fifteen (15) days but no more than thirty (30) days after your answer is filed.
• The plaintiff will receive the notice of hearing by mail.
• If you file your answer in person, you’ll receive your hearing notice immediately.
• If you mail your answer to the Clerk’s Office, the hearing notice will be sent to all parties by mail.
• Civil case hearings are scheduled for 9:00 a.m., 2:00 p.m., and 6:00 p.m., and are held from Monday through Thursday only.

Court Day

• If the defendant has filed a timely answer:
  • Both the plaintiff and defendant can request a court date reset without contacting the opposing party.
  • The reset request and $10 fee must be received by the Court at least seven (7) days before the scheduled court date.
• If a party needs a continuance less than seven days before the court date:
  • They must contact the opposing party to seek mutual agreement.
  • If the opposing party objects, the requesting party can submit a written request to the Court and may need to appear in court to explain their request.
• For defaulted cases (where the defendant has been served but hasn’t filed an answer):
  • The plaintiff can request a reset by submitting the request and $10 fee to the Court at least seven (7) days before the court date.

Subpoena

Serving a Subpoena

• A witness subpoena must be served at least twenty-four (24) hours before the hearing.
• For obtaining documents or items, use a “subpoena duces tecum,” which should be served on the custodian of the documents.
• Subpoenas are issued by the clerk’s office handling your case. Refer to O.C.G.A. 24-10-20 and O.C.G.A. 24-10-21 for more details.

Four Ways to Serve a Subpoena:

1. Personal Delivery: Any person over 18 can hand-deliver the subpoena to the witness or party.
2. Marshal Service:
   • Complete the subpoena and a Marshal’s Entry of Service form.
   • Pay $35 in cash, cashier’s check, or money order for the Marshal to serve the subpoena.
   • Ensure there is enough time for the Marshal to locate and serve the witness.
3. Mail:
   • Serve the subpoena via registered or certified mail or statutory overnight delivery.
   • The return receipt will serve as proof of service.
4. Attorney Service:
   • If the party is represented by an attorney, you may serve the subpoena on the attorney using any of the above methods.

The Day of the Court

Court Hearing Day Overview

• On the day of your court hearing, your case will likely be one of many scheduled.
• The judge may start by calling the calendar, which lists all the cases, and may offer the parties a chance to discuss their issues privately to see if they can resolve the dispute without Court intervention.
• In many cases, especially those involving unpaid debts, parties may reach a resolution through a consent order for a payment plan.

If the Case Isn’t Resolved

• If no agreement is reached, the judge will call your case.
• The plaintiff will present their claim, supported by relevant documents and witnesses.
• The defendant will then present their side, including any witnesses or documents.
• Both sides will have the opportunity to question each other's witnesses.

Judge’s Role

• The judge may ask questions to clarify facts and issues.
• A ruling might be issued immediately, and you’ll typically receive a copy of the written order that day.
• If the case is complex, the judge may take it under advisement and issue a written order later, which will be mailed to all parties at their recorded addresses.

Default Judgment

Filing an Answer

• A defendant has thirty (30) days to file an answer to a claim.
• If they do not file within this period, they have an additional fifteen (15) days to submit a late answer and pay 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, you must request a judgment from the Court in writing.
• You may also need to appear in court to prove damages, and you will receive a notice if a hearing is required.

Judge’s Review

• The judge will review the case to decide whether to enter a judgment immediately or schedule a hearing to determine 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 damages 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 advisable to consult an attorney or research to 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 need to record the writ on the general execution docket in the Superior Court of 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 procedures and requirements, so it’s important to choose 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 they 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 need to contact the credit reporting agency directly.
• You can obtain certified copies of court records for a fee if needed.
• While a credit reporting agency may report a judgment for up to seven (7) years, the Court’s record of the judgment remains available indefinitely.

Courthouse Locations:

Clayton County Magistrate Court

9151 Tara Blvd,
Jonesboro, GA 30236
(770) 477-3444
https://www.claytoncountyga.gov/government/courts/magistrate-court/

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 Clayton County

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