File small claims court fulton county ga

It is strongly recommended you attend the hearing whether you are the plaintiff or defendant regardless of whether you believe the case to be strong or weak.

The appeal will be heard in the state or superior court of Fulton County. Either party may request a jury trial for purposes of the appeal something which is unavailable at the magistrate court level. The court will select a hearing date after the defendant files an answer to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer. The defendant is able to sue the plaintiff this is called a counterclaim.

If a dispute arises between parties that cannot be resolved, a party can file the matter in magistrate court. Because of this, the disputes in this court are handled quickly and inexpensively.

I worked for her for the entire month of April and she neglected to pay me. She kept saying the checks were in the mail and then she said they were delivered to the wrong residence and claimed to submit the payment via DD and it never went through. How do I get the necessary forms to file a small claims court case for reimbursement from another person who caused damage to my car with his car.

Must I file my case in person or can it be submitted any other way? Thank you for your response. I have a hearing in magistrate court on July 24, Are the witnesses, who have been subpoenaed by the plaintiff including my husband and daughter entitled to a witness fee?

If so, how do they collect it? I need to file a claim against St. I need to file a claim to a contractor I hired to build an apartment over my garage. This apartment has an uncovered deck of porcelain tiles which has leaked, from the beginning, into my storage area below. He has refused to fix it for 2 years, even though I have continually asked him to.

He refuses. Notify me of new posts by email. Menu Home About Contact. Below are websites that may be used to confirm an address is in Fulton County. The Marshal's Department assumes no responsibility for the accuracy of the information provided by these websites.

Once served with a civil claim, the Defendant has thirty 30 days to electronically file an answer. If an answer is not electronically filed within 30 days, the defendant is in default.

A defendant may electronically file an answer from the 31st to the 45th day upon payment of court cost. Counterclaims are usually heard at the same time as the plaintiff's claims. If the Judge rules in the defendant's favor on a counterclaim, the defendant may collect damages from the plaintiff. If the defendant fails to electronically file an answer within 45 days, the plaintiff may request a default judgment.

To obtain a default judgment, the plaintiff must electronically file an Request for Default with the Clerk of Magistrate Court at www. The court will set a hearing date after the defendant electronically files an answer. The court will notify both parties of the date, time and location of the hearing. Both parties will have the right to present evidence and call witnesses. The parties should bring any relevant evidence with them to court; including copies of the contract, receipts, ledgers, photographs or other relevant items.

At the discretion of the courts, mediation may take place prior to court to have the opportunity to speak to see if the matter can be resolved without a hearing. A mediator will be provided by the court to assist the parties in discussing the matter, at no additional cost.

If a decision cannot be reached during mediation, the court will set up a hearing date and the case will be presented to the judge. If a party has witnesses, the party should bring them to the hearing. Written statements may not be accepted as evidence. If assistance is needed to obtain the attendance of witnesses, a request for subpoena form should be completed and returned to the Clerk of Magistrate Court along with the required fee.

Based on these rules, you can only file a small claims case in the Atlanta magistrate court if the defendant is in one of the cities in Fulton County. You also must be within the statute of limitations for your case. The statute of limitations refers to the laws that determine the amount of time you have to file a suit from the day the associated event occurred. This varies by the type of case. File a sworn statement of claim form with the clerk of the magistrate court.

The form must contain your full name, address and telephone number; the defendant's full name and address; the amount of money you are claiming; and a brief statement of your charges against the defendant.

Attach copies of your supporting documents, such as contracts and receipts. Pay the filing fee as well as the fee for the court to serve the defendant with the summons. The magistrate court will send the defendant a copy of your claim form and copies of the evidence you provided.

The defendant must respond within 30 days, by mail or orally in court. He can respond with a counterclaim related to the subject of the case, which the judge will hear at the same time as yours.

If the defendant fails to respond, you can ask the judge for a default judgment.