What Is a Small Claims Court in Georgia?
The Small Claims Court in Georgia is a division of the Magistrate Court with jurisdiction over cases involving claims up to $15,000. As an informal court, the procedure at the Magistrate Court is affordable and quicker than the other types of courts in the state. The $15,000 cap includes all claims either by the defendant or the plaintiff in that particular case, excluding the court fees. That is a case where the plaintiff files for $14,000 and the defendant files a counterclaim of $2,000; such a case cannot be handled in a Small Claims Court because the value now exceeds $15,000. Nevertheless, plaintiffs who still choose to file a claim above $15,000 must be ready to reduce the amount to fall below $15,000.
At the Small Claims Court, both the plaintiff and the defendant do not need any legal representative. Also, there are no jury trials for small claims proceedings. Small claims cases under the jurisdiction of the Magistrate Court include:
- Breach of contract (oral or written)
- Libel or slander
- Landlord and tenant cases
- Worker’s compensation
- Debt recollection
How Do Georgia Small Claims Court Work?
The Small Claims Division of the Magistrate Court seeks to settle disputes and compensate the offended party. Small claims cases in the State of Georgia usually involve three parties compulsorily and one optional party. The three significant entities are the judge, the plaintiff, and the defendant. The judge presides over the case, the plaintiff files the lawsuit at the court, while the defendant answers the case. Although plaintiffs and defendants in small claims cases may not appear in court with attorneys, litigations that have to do with debts may require the services of lawyers.
While different entities may be the plaintiffs or defendants in small claims lawsuits, it is crucial to correctly identify these parties and refer to them appropriately when filing the cases. For example, if the injured party is a minor (an individual under the age of 18), only the parents or guardians may file the cases on behalf of the juvenile. However, persons may file lawsuits directly against minors or through legal guardians or parents.
Also, a sole proprietorship, a business owned by one person, is addressed as an individual. In addition, a company with joint ownership may sue or be sued in a Small Claims Court under the names of the two persons who own the business. For a corporation, which is an entity that stands alone and independent of the owner’s identity, the claimant must state the corporation’s legal name. If the corporation is the plaintiff, it must state the name as it is.
Unsatisfied parties in small claims cases may appeal the judge’s verdict within 30 days of the decision. In Georgia, the Superior Court or the State Court attends to small claims appeals. Also, at the point of appeal, the aggrieved party may request a jury trial. However, the appellant must pay the filing fee.
How to Take Someone To Small Claims Court in Georgia
In Georgia, it is the responsibility of the petitioner to choose the defendant in the case. Usually, when suing a party, the petitioner must file the lawsuit in the county where the defendant resides. However, in cases involving multiple entities as defendants, a claimant(s) may file the lawsuit in the county where any of the defendants reside. Also, if an aggrieved party is suing a corporation, the entity must file the litigation in the county where the organization’s office is officially registered.
After determining the location to file, the plaintiff may proceed to file the case with the Court Clerk at the Magistrate Court in that county. Meanwhile, if the claimant files the lawsuit in the wrong county, the court may not refund the filing fees but may transfer the case to the appropriate court in the state. To initiate the filing process, the plaintiff obtains the Statement of Claims Form at the court. In this form, the party provides the defendant’s address, the amount of the claim, and the reason for filing such a claim.
After completing the form, the Court Clerk serves the defendant the papers, which serves as notice of the lawsuit. Some courts have their marshals who serve such papers, but the plaintiff must pay the fees for filing and service. The defendant has 30 days to file an answer with the court after receiving the Statement of Claim. If the defendant fails to file the response after 30 days, the case goes into default, meaning the plaintiff automatically receives a favorable judgment.
However, the State of Georgia still allows a defendant to file an answer within 15 days after the case has gone into default. All in all, if the accused party refuses to file a reply within 45 days of receiving a notice of the legal action, the court may receive no other answer, and the judge rules in favor of the plaintiff. On the other hand, after a defendant answers a plaintiff’s claims, the party must send a copy of the answer to the litigator. The court informs both parties of a trial date.
The defendant must also let the court know whether the plaintiff owes or is at fault. In a situation like this, the court allows the defendant to file a counterclaim showing the value of the debt. Before appearing for the court hearing, both parties need to get all evidence and witnesses to support their arguments. After hearing both sides, the judge decides either in favor of the plaintiff or the defendant. Nevertheless, each party receives a copy of the verdict. If the plaintiff wins the case, the defendant pays the claimant the claim value.
The petitioner is responsible for going after the defendant to ensure payment and not the court. However, the court may step in using a wage garnishment or lien if the losing party refuses to pay. In a small claims lawsuit, the defendant has the right to appeal the case within a 30-day window.
How Much Can You Sue for in Georgia Small Claims Court?
The maximum amount a petitioner may sue a person for in the Small Claims Division of the Magistrate Court in Georgia is $15,000 or less. This benchmark applies to cases involving disputes over money, landlord-tenant disputes, injuries to the person, or breach of contract, except for eviction cases where there is no limit. However, there are a few cases that the Magistrate Court must not attend to even if the amount in claims is less than $15,000. Among these lawsuits are:
- Divorce and family law matters
- Real estate ownership and interests
- Property repairs or property returns, such as building a fence or cutting down trees.
How to Defend Yourself in Georgia Small Claims Court
First, defendants may defend themselves in Georgia's Small Claims Court by filing an answer within 30 days of receiving a Statement of Claim or filing a counterclaim. If the counterclaim is less than $15,000, the court may honor the petition and hear the counterclaim together with the initial claim by the plaintiff. If the defendant wins the case, the party receives the monetary claim.
Secondly, to succeed at the hearing in the Small Claims Court, the defendant must determine how to answer each statement made by the plaintiff. Before the hearing date, an accused person must collate every piece of evidence or documents to prove innocence or contact persons that may stand as witnesses. Most importantly, the defendant must appear on the hearing date.
How Long Do You Have to Take Someone to Small Claims Court in Georgia?
There are restrictions on how long one may wait to file a lawsuit in Georgia's Small Claims Courts. An aggrieved individual may lose the right to sue if such a person fails to file the lawsuit within this period. The statute of limitations for personal injury, fraud, and medical malpractice is two years, but the limit is four years for trespassing and debt collection. In details, other limitations include;
- Concerned parties must file claims concerning broken written contracts no later than six years from the date the entity broke the contract.
- For disputes based on broken oral contracts, claimants must file their claims within four years of the date the agreement was broken.
- Petitioners must file claims for libel or slander within one year.
- In workers' compensation cases, plaintiffs must file the claims within one year after the injury.
- For claims against a government entity or public employee, the aggrieved party must file a written notice with the defendant's state agency at the Department of Administrative Services Risk Management Division within 12 months of the breach.
Nevertheless, the court may suspend or restart the statutes of limitation depending on several circumstances. For example, if a minor is hurt, the statutes of limitations do not begin to run until the child is 18 years of age.
What Happens if You Don’t Show up for Small Claims Court in Georgia?
Parties who do not appear for small claims hearings risk a default judgment. That means the judge gives a verdict upon the plaintiff’s request without hearing the defendant’s side. Initially, once an individual files for a claim at the Magistrate Court, the clerk serves a notice of the petition and summons to the defendant. Not appearing before the court on the scheduled date does not stop the court proceedings.
If the court gives a default judgment, the plaintiff receives the amount in the claim stated in the petition and the cost of filing. For a claim that does not involve money, the court may hold another hearing to determine the value of the damages. A defendant who does not file an answer to a claim notice within 30 days may be in default. However, after 30 days, the accused has the grace to file a response and pay the court fee to open the default within 15 days.
Generally, the court, at its discretion, may choose to reject or honor the motion. However, this depends on the facts the defendant presents for missing the trial. In furtherance, the defendant may present the existing grounds to reverse or vacate a judgment if:
- There was a mistake, an accident, or the suit is fraudulent.
- There is a lack of personal jurisdiction over the defendant. That is, the plaintiff is not a resident of Georgia and has no connection to the state.
- The plaintiff did not present a valid claim according to the court's requirements.
To reverse a judgment, the defendant must file a motion to vacate the judgment in the Small Claims Court Clerk’s office and pay the court costs. The new filing re-engages the suit, and the court schedules a date to hear the motion and scrutinize the reasons for missing the trial. If the judge deems the reasons for absence fit, a new hearing is held right away, or the court sets a new date.
What are Small Claims Court Records in Georgia?
In Georgia, Small Claims Court records contain details of the court proceedings, the parties involved, the amount in claims, and the judge’s verdict. Unlike other states, the State of Georgia does not include a small claims judgment in a credit report. While the Magistrate Courts in Georgia are not courts of records, some counties keep files of small claims cases (for example, Jackson County). The judges of the Magistrate Courts preside on cases based on memory and notes. At no point in time will the clerk of court record the oral proceedings. On the other hand, the Court Clerk preserves files of small claims cases for the Magistrate Courts that choose to keep their records.
Where can I find Georgia Small Claims Court Records?
Most Georgia Magistrate Courts, which attend to small claims in Georgia, are not courts of records. That is, the courthouses do not maintain any case file even if they preside over these cases. Nevertheless, interested parties may visit the Court Clerk at the Small Claims Court to see if they could get some information about a particular case.
However, some counties maintain records from the Magistrate Courts. To obtain a Small Claims Court record, an interested party may visit the Magistrate Court Clerk to make an inquiry, or like other Georgia court records, use the online platform managed by the court.
