Small Claims Court in Douglas County

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

Small Claims Court

In Douglas County, GA, the Magistrate Court handles disputes where the amount in question is $15,000 or less, whether between people or businesses. If the parties can't settle the issue themselves, the person bringing the case, known as the plaintiff, can choose to file online or hire a lawyer if they prefer. It's up to the plaintiff to show the judge that they deserve compensation from the other party. Also, if there hasn't been any progress on the case for five years, it could be dismissed.

Cases Handled

Small Claims Court is meant to help people settle various issues without the need for 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

Filing a Claim

When you file a claim, the location depends on who the defendant is:

• For an individual, you should file in the county where they live.
• For a corporation, file in the county where the corporation's registered agent is located. You can find this information by contacting the Corporations Division of the Secretary of State at 404-656-2817 or by using the Secretary of State’s Business Search on their website.
• 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 lives.

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 ensure you're filing in the right 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 that outlines 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: Clearly state 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 relevant dates and details of the incidents.
5. Supporting Documents: Attach copies of any important documents, like contracts, receipts, or canceled checks.

File the Wrong Court

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

While you don’t need to go into detail about the evidence you’ll present at trial, it's important to provide enough information for the defendant to understand your claim. Be sure to attach any supporting documents with your Statement of Claim.

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

1. Case Transfer: If you can’t locate the defendant in DeKalb County because they live in another county, you can request to transfer your case there. The DeKalb Clerk will move your case file and filing fee to the new county’s Clerk at no additional charge. Keep in mind, you may need to pay extra fees that are specific to the new county.
2. Transfer to State or Superior Court: If your case needs to be moved from Magistrate Court to State or Superior Court, a transfer fee will apply, no matter the county. The DeKalb Clerk will send your case file and 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.

Meditation

• Mediation offers a way for parties to resolve disputes in an informal, collaborative setting, unlike a formal court hearing. The goal is to reach a voluntary agreement that both parties find mutually acceptable.
• In the mediation process, a mediator helps by identifying the main issues, encouraging both sides to work together on possible solutions, and exploring various settlement options. However, mediators do not act as attorneys or advocates and do not provide legal advice.
• Any agreement reached during mediation is legally binding, meaning it can be enforced in court. While mediation is often mandatory, there’s no guarantee that the parties will reach an agreement; if not, the case will move forward to trial.
• If you need an interpreter, it’s important to 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 required to accept any settlement offer if the terms are not acceptable to you; the decisions made during mediation are entirely up to the parties involved.
• If an agreement cannot be reached during mediation, a court hearing before a judge will be scheduled for a later date.
• If an agreement is reached, both parties will have the opportunity 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 the agreement is signed, there is no need for the parties to attend court. The agreement will include details about the consequences and enforcement measures, specifying 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, and for each additional defendant, the service fee increases by $35.00. Payments are accepted in cash, money order, cashier's check, or other certified funds.

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 lawsuit and can respond accordingly. In DeKalb County's Magistrate Court, 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 and forward the papers to the Marshal for service. A Marshal or Deputy Marshal will then 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, with the day after service counting as day one. If the thirtieth day falls on a weekend or holiday, your answer is due on the next business day. The key date is when your answer is physically received by the Clerk’s Office, so it’s a good idea to deliver it in person to avoid any 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. Additionally, you must 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 as part of your answer.
• Default and Late Answers: If you fail to file your answer by the thirty-first (31st) day after being served, the case will be considered in default. You will then have an extra 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 considered invalid.

Hearing

Once your answer is filed, the Court will issue a notice for a hearing date. Hearings are typically scheduled to take place between fifteen (15) and thirty (30) days after your answer is filed.

The plaintiff will receive the notice of the 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.

Court Day

• If the defendant has filed a timely answer:
  • Both the plaintiff and defendant can request a court date reset without contacting the other party.
  • The reset request, along with a $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.

Serving a Subpoena

A witness subpoena must be served at least twenty-four (24) hours before the hearing. If you're seeking documents or items, you should use a "subpoena duces tecum" and serve it to the custodian of the documents. Subpoenas are issued by the clerk's office handling your case. For more details, refer to O.C.G.A. 24-10-20 and O.C.G.A. 24-10-21.

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.
   • Make sure there’s 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.

Court Hearing

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 might come to a resolution through a consent order for a payment plan.

If the Case Isn’t Resolved

If no agreement is reached during this initial discussion, the judge will call your case.

• Plaintiff’s Presentation: The plaintiff will present their claim, supported by relevant documents and witnesses.
• Defendant’s Presentation: The defendant will then present their side of the case, including any witnesses or documents. Both parties will have the opportunity to question each other's witnesses.

Judge’s Role

The judge may ask questions to clarify the facts and issues in the case.

• A ruling might be issued immediately, and you'll typically receive a copy of the written order that same day.
• If the case is complex, the judge may take it under advisement and issue a written order later. This order 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 will be 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. In some cases, you may also need to appear in court to prove damages. You will receive a notice if a hearing is required.
• Judge’s Review:
  • The judge will review the case to decide whether to issue 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. They can lead to an immediate judgment if all necessary documentation is provided.
• Unliquidated Damages: These are uncertain amounts, such as damages from an accident or defective work. A hearing will be required

Judgment: Options for Enforcing a Judgment

To enforce the collection of a judgment, you have several options. It's recommended to consult an attorney or research to understand all available remedies. Common methods include:

1. 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.
2. 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.
3. 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 has no control over 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:

Douglas County Courthouse

8700 Hospital Dr.
Douglasville, GA 30134
(770) 920-7540
https://www.douglascountyga.gov/217/Magistrate-Court-Clerks-Office

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 Douglas County

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