Civil & Magistrate Court

Augusta
Civil and Magistrate Court

Small Claims

INSTRUCTIONS FOR FILING A STATEMENT OF CLAIM

IMPORTANT: READ CAREFULLY BEFORE COMPLETING FORM

THE DEPUTY CLERKS DO NOT HAVE THE AUTHORITY TO GIVE LEGAL ADVICE.

The jurisdictional limit of civil actions in Magistrate Court is $15,000.00.
If your claim is more than $15,000.00 you cannot voluntarily reduce the amount sued for or sue for only part of it to bring your suit in Magistrate Court.
Generally, civil actions, including those filed in Magistrate Court, must be filed in the county where the Defendant resides.
The party filing the claim is the Plaintiff and the person(s) being sued is the Defendant(s).
The Plaintiff must fill out the original claim form and the copy. THE FILING FEE FOR ONE DEFENDANT IS $68.00 AND $93.00 FOR TWO DEFENDANTS. EACH ADDITIONAL DEFENDANT IS $25.00. NO PERSONAL CHECKS ARE ACCEPTED AND THE FILING FEE IS NON-REFUNDABLE.
The Plaintiff should state the facts upon which he or she bases his or her claim against the Defendant. This information must include the date of the incident which has given rise to the action.
The Defendant’s complete and accurate residence address should be included on the claim form at the time of filing so that he or she may be served. Post Office Box Numbers will not be accepted.
BE CERTAIN THAT THE CORRECT NAMES OF THE PARTIES ARE GIVEN. The Plaintiff and the Defendant should be designated as individuals, a corporation, or a partnership.
The Plaintiff must swear to the accuracy of the claim form and sign the verification before a deputy clerk. If the plaintiff mails the claim form into this office, the claim form and verification must be witnessed or sworn before a Notary Public.
If the basis of the Plaintiff’s claim is an open account or contract, the Plaintiff must provide sufficient copies of the account or contract to the court at the time of filing for copies to be served upon all Defendants.

Once the Marshal’s Department has attempted or perfected service, you will receive a postcard which will tell you if and when the Defendant was served. The Defendant has 45 days from the date of service to file an answer. If an answer is filed, the Court will schedule a hearing and both parties will be mailed a copy of the notice of hearing advising both parties of the date, time and place to appear for the hearing. IF YOU WISH TO SUBPOENA WITNESSES, SEE A DEPUTY CLERK. INDIVIDUALS BEING SUBPOENAED MUST BE SERVED AT LEAST 24 HOURS PRIOR TO THE HEARING.
After the expiration of 50 days, if you have not received a notice of hearing you may return to this office to request a Default Judgment.

Generally, the Civil Practice Act does not apply to Magistrate Court, but the Rules of Evidence do, and all litigants will be bound thereby.

NOTICE TO ALL PARTIES

Proper dress is required for all parties and their witnesses. Shorts and tank tops are not proper attire.
Babies and small children should not be brought to Court. If it is necessary to bring them, arrangements should be made to also bring an adult who can sit with them in the hall while court is in session.
Talking, newspaper reading, and all other forms of noisy behavior are not allowed in the courtroom.
The punishment for contempt of court is a fine or jail.

TRIAL OF THE CASE

The Plaintiff testifies and presents his or her evidence first.

The Defendant then has an opportunity to cross-examine the Plaintiff.

Next, each of the Plaintiff’s witnesses testifies and is questioned.

Following this, the Defendant’s case is presented in the same order.

Cross-examination of a witness is a series of brief questions and answers. It is not a conversation. It is not an argument. It is not the time for the party asking questions to testify.

Written statements, such as repair estimates, even if sworn to or notarized, are generally not accepted as evidence. The person himself or herself should testify live.

In many cases, the judge will not decide a case immediately after the evidence is heard. Ruling is reserved so that the evidence can be reviewed, just as a jury deliberates in a case. A copy of the Judgment will be mailed to all parties.

WHAT TO DO IF YOU WIN YOUR CASE

NOTICE OF FEES FOR ISSUANCE AND RECORDATION OF JUDGMENTS AND EXECUTIONS RENDERED IN MAGISTRATE COURT.

Pursuant to the applicable provisions of Title 15 of the Official Code of Georgia Annotated, judgments in Magistrate Court will be handled in the following manner:

When a money judgment is rendered in any case in Magistrate Court, the Clerk of the Magistrate Court will immediately issue execution (FiFa) and transmit it to the Superior Court for recording on the general execution docket.
The Clerk of the Magistrate Court is required to collect a fee of $2.00 for the Magistrate Court Clerk’s Office and a $5.00 fee for the Superior Court Clerk’s Office.
The Clerk shall notify any individual or attorney who has obtained a money judgment by mailing or hand delivering a copy of the execution (FiFa) request along with a copy of the judgment.

OPTIONS THAT ARE AVAILABLE FOR COLLECTION OF THE JUDGMENT

There are at least two methods of collection that are available to you for collection of a judgment rendered in Magistrate Court. There is no guarantee that either of these methods will be successful, however, they are available to you as follows:

1. Garnishment---A means of legally seizing wages or property of a person being held by a third person such as an employer or bank. The defendant must be employed in Richmond County, Georgia or have an active bank account. (You must know where the person works or the bank where the person holds his or her funds.)
(Cost for filing a garnishment is $93.00)

Garnishment forms needed for filing are located in the clerk’s office along with the instructions on filing. Please indicate to the Clerk if you are filing a garnishment on a bank account or an employer.

2. Levy--- After the FiFa has been issued and recorded on the general execution docket you may ask the Clerk to direct the FiFa to the Marshal’s Department. The levy procedure will be explained by a member of that Department. A levy will involve additional costs.

ISSUANCE OF SUBPOENAS IN MAGISTRATE COURT

The clerk, upon request of the party or an attorney, shall issue a subpoena, once the case has been scheduled for a hearing. The requesting party must provide the name and address of the person he or she wishes to subpoena.

Cost for issuance $1.00
Service in Richmond County $6.00

Fees: Witness fees are $25.00 per day. One day’s fee and $.20 per mile round trip from the courthouse to a witness’ residence must be paid in advance if a witness resides outside Richmond County.

The fees must be paid by the requesting party.