Stock photo by Jason Morrison at www.sxc.hu
Today we are taking a break from the traditional post of discussing new legal cases to talk about a more practical topic: small claims court. Why? Because people who have a run-in with the court system during their lifetime are not likely to go through a protracted legal battle - costing tens of thousands of dollars, and lasting several years. For most people, an experience in small claims court is more likely.
So how do you go about getting a case to small claims court? Here are five things you need to know about the process:
- The Dollar Limit is $15,000.00 in Georgia. In Georgia, magistrate courts (the technical name for small claims court) only have jurisdiction to hear cases where the dollar amount in controversy is $15,000.00 or less. So if you have a dispute with your neighbor over a tree that costs $800.00 to chop down, or with a roofer over damage to a roof that costs $13,000.00 to replace, then magistrate court is the place to be.
- It's Cheap. The cost to file the paperwork depends on the county, but is generally less than $100.00, including the service fees to have the defendant served by the sheriff. Being an attorney who has practiced law for almost 10 years, I can assure you that $100.00 is a small price to pay for justice.
- Cases are Easy to File. To file a case, all you need to do is go to the county courthouse in the county where the defendant (the person you want to sue) lives. Ask the magistrate court clerk for the paperwork to file a case. He or she will get it for you and usually answer any questions you have about how to fill it out. Then you sign it, pay the filing fee, and you're done. Some counties now have internet filing, which makes the process even easier.
- Lawyers are Optional. The process was created so that anyone walking off the street could have access to justice at a small cost. So you do not need a lawyer. In most cases, the attorneys' fees outweigh the dollar amount you are suing for, so it doesn't make economic sense to hire a lawyer. Most magistrate judges I have seen will help the parties along and even ask questions on their own.
- You Can Appeal for Any Reason. You get a decision at the end of your hearing, then you have 30 days to decide if you want to appeal. In state and superior court you can only appeal for very specific, technical reasons. But in magistrate court, you can appeal for any reason. If you decide to appeal, you can bring in an attorney at that time. It may make sense to have an attorney at the appeal, because the stakes get higher.
These five tips should help you navigate the process in magistrate court. If you still have questions, it may be worth your while to "buy" an hour of an attorney's time to get advice on how to prepare and present your case.
Good luck!
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