Bringing a Claim to the Magistrate Court of Madison Co

BRINGING A CLAIM TO THE MAGISTRATE COURT OF MADISON CO.

DAVID PATTON – CHIEF MAGISTRATE

WHAT IS MAGISTRATE COURT?

Magistrate Court is the People’s Court. Any claim of $15,000 or less can be filed in the Magistrate Court without a lawyer. The claim can be brought against individuals, businesses or both.

DECIDING TO SUE

You must prove that the person you are suing owes you something. If you cannot prove your case, you will lose, even thought you may be right. You can prove your case with evidence such as a written contract, a receipt, a bill of sale, a warranty, or by reliable witnesses who come to the court with you to testify. If you claim that something wasn’t repaired properly or that something is defective you will need an expert witness, such as a mechanic or someone who is skilled in the subject matter of the case. The person you sue must live in or be a company doing business in Madison County in order for you to sue in Madison County.

HOW TO FILE

The Magistrate Clerk will help you file your claim. Before filing you will need to know the name and physical address of the person or business you are suing, the amount you are suing for, and why you are suing. In order for the Court to pass judgment in your case, you have to sue the right person. The person you sue is called the “defendant”. If the defendant owns a business that is not incorporated, you need to sue the person and the trade name he does business under. You must pay additional court cost to sue both the individual and business operating under a trade name. You can find out the exact trade name as it is registered with the Madison County Superior Court Clerk, by going to the Clerk of Courts Office, Madison County Courthouse, Danielsville, Ga. If the defendant is a corporation, you must sue the corporation itself, rather than someone who works for the corporation. Call the Corporations listing office of the Secretary of State (404) 656-2817 to obtain the name of the registered agent for service and the agent’s address. In addition, you must include your name, complete mailing address and a daytime telephone number.

STATUTE OF LIMITATIONS

The laws limits the time during which a claim may be filed. The limits for the most commonly filed suits are: Open Accounts……….4 years Contracts…………….. 6 years Personal Injury………. 2 years Property Damage……. 4 years

FILING FEE

If you are suing someone, you must pay a $101.50 filing fee up front. This fee includes filing and service on the defendant. If you are suing more than one defendant (for example a husband and wife) there are additional fees: $50.00 to add each additional defendant.

NOTIFYING THE DEFENDANT

The Sheriff’s Office will serve the defendant(s) with a copy of the Statement of Claim and Summons. The papers will inform the defendant of the nature of your claim. The defendant has 30 days, in most cases, from the date of service to answer your claim followed by a 15 day default period in which he/she/ can pay the court cost and file a late answer. If the defendant answers your suit, the Clerk will notify both parties by mail of the trial date, time and location.

CLAIMS BY THE DEFENDANT AGAINST YOU

The defendant is allowed to make a claim against you related to your claim against him/her. This type of claim is called a Counterclaim. You must notify the court of the counterclaim when you file your answer. The counterclaim will also be heard on the trial date.

(OVER) PREPAIRING FOR TRIAL

While you are waiting for trial, you should gather all your evidence, collect all contracts, receipts, repair bills, bills of sale, or other papers you might need, and bring these things to court with you for your trial. It is best to bring eyewitnesses, like someone who saw what happened. If a witness that is important to your case will not come to court, you can obtain a subpoena, issued by the Clerk. The subpoena will cost you $1.00. You may serve the subpoena yourself or have the Sheriff’s Office serve it. There is an additional cost if the Sheriff’s Office serves the subpoena ($50.00). This fee is paid in the Sheriff’s Office. This will require the witness to appear in court. If you serve the subpoena by mail, it must be certified with return receipt. The return receipt is your proof of service. Please bring it to court with you. If you have property damage, bring your repair bill or at least two written estimates of repair cost and the person who made the repairs or gave estimates. To prove defective workmanship, you may need an expert witness, such as an experienced mechanic, to prove incorrect repairs.

THE TRIAL

It is important for you to appear on time with all of your evidence and witnesses. IF YOU ARE LATE OR FAIL TO APPEAR, YOU MAY AUTOMATICALLY LOSE YOUR CASE. You should prepare what you want to say before the trial so that what you say is clear, short and convincing. BE SURE TO BRING ALL OF YOUR EVIDENCE, INCLUDING WITNESSES TO COURT WITH YOU. Dress appropriately for the occasion. Dress should be modest, comfortable and presentable. NEVER WEAR SHORTS, TANK TOPS, HALTER-TOPS, MINI SKIRTS, OR OTHER SHUCH ITEMS TO COURT. Use common sense when deciding what to wear to court. The court is not concerned about the quality, style or condition of your clothing; HOWEVER, the court is concerned that everyone in the courtroom show respect for themselves and each other, that they take the proceedings seriously, and that there be no distractions. After all the facts have been heard, the judge will make a decision.

DEFAULT

If the defendant does not answer your complaint or does not come to court, you may get a judgment without having to go to trial. This is called a default judgment and should be for the full amount of your claim plus court costs. If you are suing for damages (for example, your claim is for automobile damages) you will not automatically obtain a default judgment and must appear before the judge to prove your damages. If the defendant does not answer the claim you must request a default judgment from the court. The court does not automatically issue a default judgment.

***THIS PAMPHLET CONTAINS GENERAL INFORMATION ONLY. IF YOU NEED LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY. THE CLERKS, JUDGES AND COURTS CANNOT GIVE OU LEGAL ADVICE.