Law With Legal Force In Fulton
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FAQ
FAMILY COURT Hon. James Gerard McAuliffe, Jr.
How Does Georgia Small Claims Court Work? A small claims case starts by filing a claim with the Georgia Magistrate Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing. At the trial, you'll present evidence supporting your case.
What is the actual date of my court hearing? To obtain your court date information, call (404) 612-5344 or (404) 612-5345.
The Magistrate Court of Fulton County is also referred to as small claims court. You can electronically file a claim when you are seeking $15,000.00 or less.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
You can file a claim for which you are seeking $15,000 or less. If your claim exceeds $15,000 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, Superior Court.
Go to the Circuit Clerk's Office at the courthouse in the proper county and explain to the clerk that you wish to file a Small Claims Complaint. The Circuit Clerk's Office normally has -2- Page 3 The person filing the complaint is called the "plaintiff" and the person being sued is called the "defendant".
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
How do I know if I qualify for a Public Defender? Qualification is primarily based on your financial circumstances. A judge will review your completed application to determine whether you are indigent. Upon approval, the court will appoint the Office of the Public Defender to represent you in your legal case.
To obtain your court date information, call (404) 612-5344 or (404) 612-5345.
