There are small claims cases heard in Georgia.The judge will decide your dispute in small claims court, and you don't need a lawyer to do that.You need to gather relevant documents and then swear a statement in the appropriate court to file a lawsuit.
Step 1: Do you have a dispute?
Before you file a case in court, you need to identify your dispute.The limit for small claims court in Georgia is $15,000.Landlord-tenant disputes refusal to return borrowed property is one of the common disputes handled in small claims court.
Step 2: If you can claim in small claims, check it out.
Certain cases can't be brought in the court of public opinion.Family law matters such as divorce or child support can't be brought by you.No case can decide ownership or interest in real estate.You can't bring a case that asks the court to stop a person from doing something.An injunction can only be granted by a Superior Court.You should file your small claims action within the statute of limitations.There is a time limit on how long you have to file a lawsuit in Georgia.Most lawsuits require you to file your paperwork within two years.You should file your suit on time if you research the statute of limitations.
Step 3: Know the age requirements.
People under the age of 18 cannot file a lawsuit in a small claims court in Georgia.If you are a minor and want to file a small claims action, you will need to bring it to someone else who is competent.You could have a parent file a lawsuit on your behalf.If you want to file a lawsuit against a minor, you can either do it through their parent or guardian.
Step 4: There are relevant documents to be gathered.
You should find copies of documents related to your dispute before you file.Contracts, sales receipts, and any items that are disputed are included.Proof of payment can be found.Look for canceled checks or credit card statements.The burden of proof in the lawsuit is on you, as the plaintiff.If you claim that the defendants sold you a bad product, you need to show that it's not good.It is not enough to simply say that something doesn't work.
Step 5: Consider talking to a lawyer.
You don't need a lawyer to file a small claims court lawsuit.If you have questions or concerns, talking to a lawyer can be helpful.A lawyer can give advice on how to make your case stronger.The Georgia Bar Association publishes a pamphlet called "How to Choose a Lawyer" which contains tips for finding a lawyer in the state.It is possible that costs are a concern.Georgia allows attorneys to offer unbundled legal services, which means that you can hire a lawyer to perform only certain tasks.The lawyer will only bill for the work you give him or her, not the whole case.If you want to meet with a lawyer only for advice, call ahead and ask if the lawyer provides unbundled services.GeorgiaLegalAid.org provides free legal assistance to people who qualify if they are low-income.
Step 6: Find the right court.
You can bring a lawsuit in the county where the person lives if you are suing them.If you are suing a corporation, the rules are different.You need to file a lawsuit against the corporation in the county where the registered agent is based.If the business is unincorporated, you have to file in the county where it is located.You can find the location of a registered agent by calling the Secretary of State.
Step 7: Don't wear a statement of claim.
Tell the court clerk that you want to file a statement of claim.There should be a form in the clerk's office.There is a sample at http://www.dekalbcountymagistratecourt.org/.You will need your name and contact information, as well as copies of relevant documents, if you are seeking dates of the incidents underlying the lawsuit.
Step 8: Personal identification is required.
If you want to show the public valid personal identification, you will need to have your claim form notarized.You should have a passport or driver's license.
Step 9: A filing fee is paid.
The fee should be between $45 and $55.Service of process is included in this fee.If you have to serve more than one person, you need to pay more.Call to find out how to pay.Only cash, cashier's check, and money order are accepted in DeKalb County.Personal checks, debit cards, and credit cards are not accepted.To find out what payment methods your county accepts, call the clerk.
Step 10: Wait for the answer.
The defendants have 30 days to provide an answer after you file.The answer can be written or oral.
Step 11: There is a hearing date.
Notices for a hearing date will be issued once the answer is filed.After the answer is filed, the hearing should last between 15 and 30 days.
Step 12: Get ready for your hearing.
To prepare for the hearing, you should review all of your evidence and decide on the order in which you want to present it.If you made a loan to a family member who hasn't paid you back, you will want a copy of the loan agreement and any canceled checks.You would want copies of any communications you have had with the defendants.You can have witnesses testify for you.Tell them the date and time of the hearing, as well as the location.If you're worried that a witness won't show up to testify, you can get a subpoena from the court clerk.A subpoena is a legal document that requires a witness to attend a trial.If you want to have your subpoenas served on the witness, you should ask the court clerk.As soon as possible, you should request subpoenas.
Step 13: It is appropriate to dress appropriately.
You want to make a good impression on the judge.It's a good idea to dress conservatively.Men should wear suits or dress pants with a shirt and tie.The pants suit or skirt suit is appropriate for women.You can wear a conservative dress or slacks with a nice blouse or sweater.Dress for a Court Hearing has tips on how to dress for court.
Step 14: Arrive on time.
You should get to the courthouse with enough time to find parking and pass through security.Before entering court, be sure to finish eating and drinking.All cell phones, tablets, and pagers should be turned off before entering the courtroom.You don't want to hear anything while you are waiting.
Step 15: The person is talking with the other person.
If you can come to an agreement on the case, you will need to meet with the person outside the courtroom.You should tell the judge if you can.You will go to the hearing if you can't agree.
Step 16: Your evidence should be presented to the judge.
You should approach the bench or the tables in front of the judge when your case is called.You will be the first to go.The first thing you can do is introduce yourself and explain why you have filed suit.You will present your evidence to the judge.Small claims court hearings are more informal than trials.You probably won't follow the state's rules of evidence.The judge will still expect you to act respectfully during the hearing.When it is not your turn to speak, do not cut someone off.You have to wait until your turn to ask the witness questions if the defendants are presenting a witness.There is an opportunity for each party to cross-examine witnesses.
Step 17: The judge has questions.
The hearing is more informal than a trial and the judge will ask witnesses questions.Answer the questions honestly and clearly.The judge should not interrupt when he or she is speaking.Ask for further clarification if you don't understand a question.Address a Judge in Court provides more information on how to talk to a judge.
Step 18: Get a chance to make a decision.
The judge will either issue a ruling from the bench or take the case under advisement after you and the defendants present your evidence.You should get a written order in the mail if the judge takes the case under advisement.You should get a certified order on the day of the hearing.You can ask the judge for a default judgment if the defendants don't show up to defend the case.You can get a default judgment without a hearing if the judge can figure out your damages.The judge may schedule a hearing to figure out how much money you are owed.
Step 19: If necessary, appeal.
If they lose their case, they can appeal.The clerk can give you a Notice of Appeal form.