Statement of Claims

On this page, you will find all the necessary Statement of Claims instructions and forms for the Decatur Magistrate Court in Bainbridge, Georgia.

What is Statement of Claims?

Definition: If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000.00, you may file a case in Magistrate Court. You can file on your own behalf or hire an attorney at your own expense. We cannot give you any legal advice. A Clerk can only give you instructions on procedures in filing the claim. If you need any legal advice, please contact an attorney.

Venue: You must file where the Defendant lives. If the Defendant is a corporation, you must file in the county of the registered agent for the company. Contact the Corporations Division of the Secretary of State to locate the registered agent. If the Defendant is an unincorporated business, the claim must be filed in the county where the business is physically located.

Filing Fee: The filing fee is $96.00 for one defendant and $50.00 for each additional defendant. Filing fees are non-refundable.

Appeal: An appeal must be filed within 10 days of the judgment by the losing party.

Important Things to Remember

If you should move after you file your claim, notify the clerk in writing of your new address.
Once the clerk has set a court date, continuances are granted by consent of
both parties or for legal cause only.
It is very important that you sue the correct party. If you have any doubts as to who you
should sue, you should consult an attorney.
The court cannot force the losing party to pay you.

Procedures for Filing a Statement of Claim

Step 1: Prepare the Statement of Claim
The Plaintiff (the one filing the action) must 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. An applicant may appear in person in the office of the Clerk of Magistrate Court at 912 Spring Creek Road, Bainbridge, GA 39817, to have the Statement of Claim sworn or affirmed in person with a Clerk or notarized with a signature and seal.

The statement of claim should include the following:

The complete name, address, and phone number of the Plaintiff (and attorney, if he/she has one).

The complete name and street address of the defendant. (P.O. Boxes will not be accepted)

The damages, or the amount of money or property the plaintiff is seeking.

A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incident(s).

Copies of all relevant documents, such as contracts, receipts, and cancelled checks. (Keep the original documents for your files).

The Clerk of the Magistrate Court can provide you with the necessary forms and help with the filing process. The Clerk cannot give any legal advice, such as whom to sue or whether or not you will win.

Plaintiff(s) must confirm the address for service is in Decatur County. The Sheriff’s Department will not issue a refund of service fee if the Sheriff’s Department determines the address for service is in Decatur County.

*Be certain that the correct names of the parties are given. The plaintiff and the defendant should be designated as individuals, a corporation, or a partnership.

Ensure the Statement of Claim provides each party with the reason for the lawsuit.

Statement of Claim Form
Step 2: Answer

Once served with a civil claim, the defendant has thirty (30) days to file an answer. If an answer is not filed within 30 days, the defendant is in default. A defendant may file an answer from the 31st to the 45th day upon payment of court cost.

Answer for Statement of Claim Form
Step 3: Counterclaim

The defendant may file a counterclaim against the plaintiff in Magistrate Court, if the counterclaim is related to the plaintiff’s original charge and the defendant’s total monetary claims are less than $15,000.00. Counterclaims are usually heard at the same time as the plaintiff’s claims. If the Judge rules in the defendant’s favor on a counterclaim, the defendant may collect damages from the plaintiff.
Step 4: Default
Step 5: Hearing

The court will set a hearing date after the defendant files an answer. The court will notify both parties of the date, time and location of the hearing. Both parties will have the right to present evidence and call witnesses. The parties should bring any relevant evidence with them to court; including copies of the contract, receipts, ledgers, photographs or other relevant items.
Step 6: Witnesses

If a party has witnesses, the party should bring them to the hearing. Written statements may not be accepted as evidence. If assistance is needed to obtain the attendance of witnesses, a request for subpoena should be completed and returned to the Clerk of Magistrate Court along with the required fee of $8.00 per Subpoena.
Step 6: Preparing for Trial

The Plaintiff must prove the Defendant is indebted to him/her and the amount of damages owed. Although the Magistrate Court is a “Peoples’” court, the judges are still required to apply the rules of evidence when considering your case. The court will not accept affidavits or letters which are considered “hearsay”. Usually, witnesses are required by law to testify upon the basis of their personal knowledge of the facts, and not upon the basis of what someone else told them. You may need to seek the advice of the of an attorney in order to learn how to prove your case. The judges or clerks of this court cannot tell you how to prove your case, or give other legal advice to either party.

While waiting for trial you should gather all your documents (receipts, repair bills, warranties, etc.) and have them ready. If you have witnesses, you should notify them of your court date. Should a witness refuse to come to court you may have the clerk issue a subpoena for their appearance and you would have it served upon them prior to your court date, as provided by law.
Step 7: Settlements

Georgia Law requires the court to have the parties attempt to negotiate a settlement before the trial. If you reach an agreement to settle your case, you will need to put these terms in writing.

If you settle your case and the party is willing to pay you on a weekly, biweekly or monthly basis, and this arrangement is acceptable with you, you should ask the clerk for a Consent Judgement form. This form will enable you to put the terms in writing, with both parties’ signatures and the judge’s signature. Should the party fail to pay as per the Consent Judgment terms, you would not be required to appear in court to start collection proceedings.
Step 8: Appeal

Both parties have the right to appeal a case which is tried by the court. If you think the judge has made the wrong decision, you may appeal to the State/Superior Court. Appeals must be made within thirty (30) days from the date of the judge’s decision. The party filing the appeal will have to pay costs and copy expenses. The person who files an appeal may be required to pay any legal expenses of the other party if the court finds the appeal lacks substantial justification (is frivolous). However, there is no appeal from a default judgement. The fee when filing an appeal the State/Superior Court is $204.00 in which the cashier’s check or money order should be payable to Decatur County Clerk of Superior Court.
Step 9: Collecting the Judgement
In many cases, collecting a judgement is harder than proving your case in court. The court does not collect your judgement for you. If you receive a judgement and you are not voluntarily paid, there are several methods of collection the law provides (provided that the party is not indigent). You should consult an attorney if you have questions about the best method of collecting a judgement, but upon receiving a judgement from the court you may want to:

Have the court issue a FiFa for you (proof of your judgement) which places a lien against the losing party and any property he may own. The cost for issuing a FiFa is $4.00 for the Magistrate Court and $25.00 for the Clerk of Court.

File a garnishment against Defendant’s paycheck in the county where the employer is located.

File a garnishment on Defendant’s bank account, which is done in the county where the bank is located.

Levy against real and personal property. The Sherriff will require the FiFa to levy against any personal property. If you want to levy against real property, you should contact an attorney for the procedure or come to the Magistrate Court and pay the $50.00 Levy fee.

Turn your judgement over to an attorney or a collection agency for collection.
Step 10: Satisfaction of Judgement

When a judgement is satisfied, the judgement creditor or his or her attorney must direct cancellation and satisfaction of judgement within 60 days. Filing an original signed letter at the Magistrate Court Clerk’s office, stating the judgement has been satisfied, with the case number and the names of the parties is sufficient. If you requested that a fifa be issued, the original fifa will need to be marked satisfied and recorded on the Lien Docket at the Superior Court Real Estate Office within 60 days.

Satisfaction of Judgement

Statement of Claims

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What is Statement of Claims?

Important Things to Remember

Procedures for Filing a Statement of Claim