STATE OF GEORGIA
SMALL CLAIMS COURT PRACTICES AND PROCEDURES
    The State of Georgia Small Claims Court is designed for persons to resolve disputes of $15,000 or less. The primary advantages of filing a small
    claims action in Magistrate Court are:

  • Cases are usually resolved in less time than if the action was filed in State or Superior Court (approximately 90 days)
  • Due to the simplicity of completing the forms and the informality of the proceedings, most persons are able to file a small claims action on
    their own.
    The primary disadvantages of filing a small claims action in Magistrate Court are:

  • The winning party faces the challenge of collecting or enforcing the judgement.
  • The losing party has a right to appeal and have a new trial in a higher court.

    This article will explain the following:

  1. Procedures of Filing an Action in Small Claims Court.
  2. Procedures on Collecting on a Judgement.

    PROCEDURES FOR FILING AN ACTION IN SMALL CLAIMS COURT:
    The first step is to file the lawsuit in the Magistrate Court of the county in which the defendant lives or operates his business. The court clerk will
    have the appropriate form called a complaint (Statement of Claim) which you can complete and have served by the sheriff upon the defendant.
    This form will ask for your name as plaintiff and the defendant's name (the person owing you money). You will write a brief statement regarding
    the reason the defendant is indebted to you, what he failed to do causing the suit, and the amount of his indebtedness to you.

    This Statement of Claim should be filed with the Clerk of Magistrate Court, with a copy which the sheriff will serve on the defendant. You should
    make an additional copy for your records.

    When suing a business, you must contact Georgia's Secretary of State's office regarding corporations. The number currently is (404) 656-2817.
    You can obtain information regarding the defendant/company as to whether it is incorporated and obtain the name and address of the
    corporation's registered agent. If the company is properly incorporated, you may sue the company by name as the defendant. The service is
    made upon the registered agent. If the corporation is no longer incorporated or never was incorporated, you will name the owner of the business
    as the defendant doing business as the company.

    There will be a fee for filing and serving your complaint. The amount of the fee varies from county to county. The sheriff will serve the defendant
    with the lawsuit. Once the defendant is served, he will have thirty days from the date he was served to file his answer with the court. You will be
    sent a copy of the sheriff's entry of service, which will indicate when the defendant was served. When the defendant answers the lawsuit, you will
    be notified of the answer and the date of your court appearance. If the defendant does not answer within forty-five days, you may request entry
    of a Default Judgment. The court may require a hearing in which you present evidence to support the amount you claim due before entering the
    judgment.

    If the defendant answers the lawsuit and you are informed of the court date, you must bring to court all pertinent documents and witnesses to
    show the court that you have a valid claim. Estimates are not admissible evidence so you need paid receipts or cancelled checks. If the work has
    not been performed, you will have to take an expert with you who can testify as to the expected costs. The judge will hear both sides of the
    dispute and make a decision. If you win the lawsuit it is your responsibility to collect the money owed. Unfortunately, it is much easier to win a
    judgment in small claims court than it is to collect the money.

    If the Magistrate Court decision in the case is not in your favor and you wish to pursue the matter further, you may appeal the decision in the
    State or Superior Court within thirty days. Once the case has been appealed, the case will be heard again in its entirety, and it would be in your
    best interest to have an attorney with you at that time.

    PROCEDURES FOR COLLECTING ON A JUDGEMENT:
    WRIT OF FI FA:

    A writ of Fi Fa is a document issued by the clerk's offices for the purpose of recording a lien on the judgement debtor's property. It is also the
    legal instrument by which the sheriff of a county may seize the assets of a judgment debtor. A writ of Fi Fa may be issued on a default judgment
    case immediately. If the case was contested, then a writ of Fi Fa may not be issued until 10 days after the date of judgment. The cost for a writ of
    Fi Fa is $7.00.

    A writ of Fi Fa may also be used to perfect a lien upon any motor vehicles that the judgment debtor owns. There is a special process to go
    through in perfecting that judgment lien. Appropriate forms are available to you through the Georgia Department of Revenue, Division of Motor
    Vehicles. You must send a self addressed envelope, a check for $1.00 for each vehicle and a copy of the Fi Fa to: Dept. of Revenue, Motor
    Vehicle Div., Trinity-Washington Bldg., Atlanta, Ga., 30334.

    You may have the writ of Fi Fa recorded in the county's General Execution Docket, which is maintained by the Clerk of Superior Court. If you
    know of any real property the judgment debtor owns in other counties, you should apply to the clerks of such counties to have the writ of Fi Fa
    recorded upon the General Execution Dockets of those counties, as well.

    When the judgment is paid in full, you as the judgment creditor have the duty to see that the writ of Fi Fa is cancelled on the appropriate General
    Execution Docket (s). There is an additional fee for this service and that matter is handled through the Clerk of Superior Court in the respective
    counties wherein the writ of Fi Fa is filed.

    GARNISHMENTS:

    A garnishment is a separate legal action that is filed against the garnishee. The garnishee is a person or business entity that either owes funds
    to the judgment debtor, or is holding funds on behalf of the judgment debtor. A garnishment could be used against a bank, credit union,
    employer, general contractor, etc. A garnishment is filed in the county where the garnishee is located. Cost for filing is $55.00

    CONTINUING GARNISHMENT:

    A continuing garnishment is served upon the judgment debtor's employer. It last for a period of 180 days and the appropriate sums will be
    deducted from the judgment debtor's wages on a 30-day recurring basis until the entire judgment amount is collected, or until the expiration of
    180 days form the date of service, whichever event shall first occur. A continuing garnishment is filed in the county where the garnishee is
    located. Cost for filing is $55.00.

    POST JUDGMENT INTERROGATORIES:

    The purpose of the Post-Judgment Interrogatories is to ascertain what assets, if any, the judgment debtor has to satisfy this judgment debt. It can
    be as much as a five step process. Those steps are as follows:

  1. Plaintiff files his affidavit and the Interrogatories. They are available in the Clerk's Office of the Magistrate Court. If filed within 30 days of
    the date of judgment, they are filed under the original case number and the cost in $10.00. The Clerk's office will serve the judgment
  2. debtor by certified mail, with return receipt requested. If filed after 30 days of the judgment date, the interrogatories are assigned a new
    case number and the cost of filing is $55.00. Service upon the judgment debtor would be by the sheriff.
  3. If the Interrogatories are not answered within 30 days, then the judgment creditor must file an Affidavit and Motion to Require Answers to
    the Interrogatories and the appropriate notice. This is served upon the judgment debtor by certified mail, return receipt requested.
  4. If the judgment debtor fails to appear at the hearing, the court may, in appropriate circumstances, issue an Order requiring the judgment
    debtor to answer the Interrogatories within 10 days. This is served upon the judgment debtor by certified mail, return receipt requested.
  5. If there is no response to the Court Order requiring answers to the Interrogatories, then the judgment creditor must file an Affidavit and
    Motion to Invoke Sanction of Contempt for Defendant's Failure to Answer Interrogatories. This must be personally served upon the
    Defendant by the sheriff with a copy of the previous order, as well.
  6. If the Defendant fails to appear at the hearing, or in the event he does appear and does not have a bona fide reason for not answering
  7. the Interrogatories, then the Court may enter an Order for Incarceration. The Judgment debtor is then arrested by the sheriff and held in
    the Gwinnett County Jail until the Interrogatories are answered and approved by the Magistrate.

    This article is a summary of various procedures and practices. It is not intended to be legal advice or a substitute for retaining an attorney.
Deming, Parker, Hoffman, Campbell & Daly, L.L.C.
Attorneys At Law Since 1974    
770-564-2600 Metro Atlanta  912-527-2000 Savannah
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