Small Claims Court in Dekalb County

In Dekalb County, GA small claims cases are typically filed in the Magistrate Court. Dekalb County has 1 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 Dekalb Court System.

Small Claims Court

In Dekalb County, GA, the Magistrate Court handles disputes involving $15,000 or less between people or businesses. If the parties can’t settle their differences on their own, the person bringing the case, known as the plaintiff, can file it online by themselves or hire a lawyer if they choose to. It’s up to the plaintiff to prove to the judge that they deserve compensation from the other party.

If no action has been taken on the case in the past five years, it may be dismissed administratively.

Cases Handled

The Small Claims Court handles a range of cases where people can seek resolutions for various issues. For example:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection issues
• Auto repair problems
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

Filing a Claim

For filing a claim, where you file depends on whether the defendant is a person or a corporation:

• If the defendant is an individual, you should file the claim in the county where the person lives.
• If the defendant is a corporation, you need to file in the county where the corporation’s registered agent is located. You can find out if a business is a corporation and get the registered agent's details by contacting the Corporations Division of the Secretary of State at 404-656-2817 or by searching the Secretary of State's website at https://ecorp.sos.ga.gov/BusinessSearch.
• If the defendant is an unincorporated business, file the claim in the county where the business is physically located.
• For a business operating as a partnership, you can file in the county where at least one of the business owners resides.

If there are multiple defendants, you can file your case in any county where the venue is proper for at least one of them, provided they are jointly and severally liable. It is your responsibility to determine the correct venue for your case.

How to File a Claim

To file a claim with the Clerk of Magistrate Court, the plaintiff must submit a Statement of Claim that outlines the charges against the defendant. Here’s what should be included: The plaintiff’s full name, address, phone number, and, if represented by a lawyer, the attorney’s name.

• The defendant’s full name and street address.
• The amount of money or property the plaintiff is seeking.
• A brief explanation of why the defendant is being sued, including the date(s) of the incident(s) in question.
• Copies of any relevant documents, such as contracts, receipts, and canceled checks.

You can file your claim using the free multi-page NCR Statement of Claim form available at the Magistrate Court Clerk’s Office. This form is usually sufficient and helps with processing and service. If you choose to use your own document, ensure you provide enough copies for the clerk to serve.

While you don’t need to detail the evidence you’ll present at trial, you should provide enough information so the defendant understands the nature of the case against them. Attach any supporting documents to the Statement of Claim.

If you file in the wrong court

If you file a case in a Magistrate Court that lacks jurisdiction or has an improper venue, the Court will not refund the filing fees. However, you do have options for remedy:

• Case Transfer: If a defendant cannot be found for service in DeKalb County and lives in another county, you can request a transfer of the case to that county. There is no additional fee for transferring a case to a Magistrate Court in another county. The DeKalb Clerk will transfer your case file and the filing fee you’ve already paid to the new county’s Clerk. However, you might need to pay additional fees specific to the new county.
• Transfer to State or Superior Court: If you need to transfer your case from Magistrate Court to State or Superior Court, there is a fee for this transfer, regardless of the county. The DeKalb Clerk will transfer your case file and the filing fee to the Clerk of the new court. You will need to pay a transfer fee and may incur additional fees for service in the new court. In any situation where service has been attempted, the service fee will not be transferred.

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 in this context operates similarly to courtroom mediation. Everything discussed between the parties remains confidential (with a few exceptions), you can speak privately with the mediator about your concerns, and you can directly address issues with the other party. State-certified student mediators from John Marshall Law School will help facilitate negotiations.
• If the defendant responds to a small claims case, both parties will receive an order requiring them to attempt mediation. This order will include instructions on how to register for the mediation process.
• Any agreement or settlement reached during mediation is legally binding, meaning either party can enforce it through the courts. While mediation is mandatory, reaching an agreement is not. If the parties do not settle their case during mediation, the case will proceed to trial.
• If you need an interpreter contact the Mediation Clerk right away to request an interpreter. Your case will be managed outside the Mediation platform to ensure you receive appropriate language assistance.

Agreement

• You are not obligated to accept any settlement offer from the other party if you find the terms unacceptable. The decisions made during mediation are entirely up to the parties involved. If you cannot reach an agreement, a court hearing before a judge will be scheduled at 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. It is not confidential, becomes part of the public court record, and is legally enforceable. After reaching an agreement, the parties do not need to attend court.
• The agreement will include language about consequences and enforcement, specifying what happens if either party violates it. If a party fails to uphold their part of the agreement, the other party can file paperwork with the court to claim that the agreement has been breached and seek enforcement.

Cost

When filing a lawsuit, the plaintiff must pay a filing fee of $54.00. Serving one defendant costs $35.00, with an additional $35.00 for each extra defendant. Payments can be made by cash, money order, cashier’s check, or other certified funds. Personal checks, debit, and credit cards are not accepted. For more details about filing a lawsuit, visit the Small Claims page or call 404-371-2261 for specific information.

Serve the Defendant

You need to ensure that the defendants are served with 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 DeKalb County, the Marshal is responsible for serving these papers.

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

Defendant

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

Hearing

• Once an answer is filed, the Court will issue a notice for a hearing date. Hearings are scheduled to take place at least fifteen (15) days but no more than thirty (30) days after the answer is filed. If the plaintiff is involved, they will receive the notice of hearing by mail.
• Defendants who file their answer in person will receive their hearing notice at that time. If the answer is mailed to the Clerk’s Office, the hearing notice will be sent to all parties by mail. Civil case hearings are scheduled at 9:00 a.m., 2:00 p.m., and 6:00 p.m., and are held 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, as long as the Court receives the reset request and the $10 fee 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 the 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

A witness subpoena must be served at least twenty-four (24) hours before the hearing. For documents or things, use a “subpoena duces tecum,” which should be served on the custodian of the documents. The clerk’s office handling your case issues subpoenas. Refer to O.C.G.A. 24-10-20 and O.C.G.A. 24-10-21 for more details. There are 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, and 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, with the return receipt serving 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

• On the day of your court hearing, your case will likely be one of many scheduled for that day. The judge may start by calling the calendar, which lists all the cases, and might offer the parties a chance to discuss their issues privately to see if they can resolve the dispute without the Court's intervention.
• In many cases, especially those involving unpaid debts, the parties may reach a resolution through a consent order for a payment plan.
• If the case isn't resolved through discussion, 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, with any witnesses or documents. Both sides will have the chance to question each other's witnesses.
• The judge might also ask questions to clarify the facts and issues. The judge may issue a ruling immediately, and you'll usually receive a copy of the written order that day. If the case is complex, the judge might take the case under advisement and issue a written order later. In such cases, the order will be mailed to all parties at their addresses on record with the Court.

Default Judgment

• 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 file a late answer and pay the court costs to avoid default. If the defendant fails to file an answer or pay court costs, the case is considered to be in "default," and the Court may issue a judgment in favor of the plaintiff.
• If the defendant is in default, you must request a judgment from the Court in writing. Sometimes, you may also need to appear in court to prove damages, and you will receive a notice if a hearing is required.
• The judge will review the case to decide whether to enter a judgment immediately or schedule a hearing to determine damages.
• Liquidated damages are specific amounts, like those from an invoice or contract, and can lead to an immediate judgment if you have provided all necessary documentation.
• Unliquidated damages are uncertain amounts, such as 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

To enforce the collection of a judgment, you have several options. You might want to consult an attorney or conduct your own research to understand all available remedies. Common methods include:

• Filing a Garnishment Action: This involves directing a third party, like 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 record the writ on the general execution docket in the Superior Court of the county where the defendant lives.
• Filing a Levy: This allows the Marshal to seize and sell the defendant’s personal property to satisfy the judgment.

Each method has its procedures and requirements, so it's important to choose the one that best fits your situation.

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.

Let Squabble Help You With Your Small Claim at Dekalb County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Dekalb County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

Clerk’s Office DeKalb County Courthouse

556 N. McDonough Street
2nd Floor
Decatur, GA 30030
(404) 371-2261
https://dekalbcountymagistratecourt.com/civil-matters/small-claims/

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

Civil Matters DeKalb County Courthouse

556 N. McDonough Street
2nd Floor, Room 230
(404) 371-2261
https://dekalbcountymagistratecourt.com/civil-matters/small-claims/

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.