Small Claims Court in Muscogee County

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

Small Claims Court

In Muscogee County, GA, the Magistrate Court handles disputes where the amount involved is $15,000 or less, whether it's between people or businesses. If the parties can't work things out on their own, the person bringing the case (the plaintiff) can file the case online or hire a lawyer if they choose. It's up to the plaintiff to prove to the judge that they're owed money. Also, if there’s no progress in the case for five years, it could be dismissed.

Cases Handled

Small Claims Court helps people resolve a wide range of issues. Some common examples include:

• Disagreements between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged items
• 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 you file a claim, where you file depends on who the defendant is:

• For an individual: 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 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 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 a partnership: File in the county where at least one of the owners lives.

If you have multiple defendants, you can file in any county where at least one of them can be properly sued, as long as they are jointly and severally liable. It’s important to make sure you’re filing in the right county for your case.

How to File a Claim

To file a claim with the Clerk of the Magistrate Court, you’ll need to submit a Statement of Claim outlining your case. Here’s what to include:

1. Plaintiff’s Information: Your full name, address, phone number, and, if applicable, your attorney’s name.
2. Defendant’s Information: The defendant’s full name and street address.
3. Claim Amount: The amount of money or property you are seeking.
4. Explanation of the Claim: A brief description of why you are suing the defendant, including important dates related to the incident.
5. Supporting Documents: Attach copies of any key documents, such as 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. This form is generally sufficient for your claim. If you choose to use your own document, be sure to bring enough copies for the clerk to serve.

While you don’t need to go into detail about your trial evidence, you must provide enough information for the defendant to understand your claim. Don’t forget to include any supporting documents with 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:

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 the case to that county. There’s no extra fee for the transfer itself, and the DeKalb Clerk will move your case file and filing fee to the new county’s Clerk. Just keep in mind, you may need 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, 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.

Also, be aware that if any service attempts have already been made, those service fees won’t be transferred to the new court.

Meditation

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 on your filing fees. However, you 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 a transfer to that county. There’s no additional fee for the transfer itself, and the DeKalb Clerk will move your case file and filing fee to the new county’s Clerk. However, you may 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, a transfer fee will apply, regardless of 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, along with any additional service fees required by the new court.

Keep in mind that if any service attempts have already been made, those service fees won’t be transferred to the new court.

Mediation Process

• Mediation is a more informal and cooperative approach to resolving disputes, compared to traditional court hearings. The goal is to help both parties reach a mutually agreeable solution that everyone voluntarily accepts.
• A mediator helps by identifying key issues, promoting joint problem-solving, and exploring different settlement options. However, mediators don’t act as advocates or provide legal advice.
• If both parties come to an agreement during mediation, it 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 no agreement is made, the case will move forward to trial.
• If you need an interpreter, be sure to contact the Mediation Clerk as soon as possible to request assistance. Your case will be handled outside the Mediation platform to ensure you get the necessary language support.

Agreement

• You are not required to accept any settlement offer if you find the terms unacceptable; the decisions made during mediation are entirely up to the parties involved. If no agreement is reached, a court hearing before a judge will be scheduled at 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 finalized, there’s no need for the parties to attend court. The agreement will specify the consequences and enforcement measures, including what happens if either party fails to comply. If one party does not honor 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 crucial to ensure that the defendants receive 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 documents. When you file your lawsuit, the Clerk’s Office will collect both the filing and service fees, then send the papers to the Marshal for service. A Marshal or Deputy Marshal will serve the Summons, Statement of Claim, and any attachments to the defendants.

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 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 recommended to deliver it in person to avoid any 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. You must also file a certificate of service to confirm that you’ve mailed a copy to the plaintiff.

3. Counterclaims

• If you believe the plaintiff owes you money, you can include a counterclaim along with your answer.

4. 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’ll 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 considered invalid.

Hearing

• Once your answer is filed, the Court will issue a notice with the scheduled hearing date. Hearings are typically set to occur at least fifteen (15) days, but no more than thirty (30) days, after your answer is filed.
• The plaintiff will receive the hearing notice 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 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 needing to contact 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. If you need 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. 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.

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 begin 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, the 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, the plaintiff 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. If all necessary documentation is provided, they may lead to an immediate judgment.
• Unliquidated Damages: These are uncertain amounts, like damages from an accident or defective work. A hearing is required 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, there are several options available. It's advisable to consult an attorney or research to understand all remedies. Common methods include:

• Filing a Garnishment Action: This involves directing 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 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 need to contact the credit reporting agency directly. You can also obtain certified copies of court records for a fee if needed.
• A credit reporting agency may report a judgment for up to seven (7) years, but the Court’s record of the judgment remains available indefinitely.

Courthouse Locations:

Muscogee County Magistrate Court

Muscogee County Courthouse
100 10th Street
Columbus, GA 31902
(706) 653-4390\

Mailing Address:

P.O. Box 1340
Columbus, GA 31902-1340
https://courts.columbusga.gov/Magistrate

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 Muscogee County

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