Civil Suits

MAGISTRATE  COURT>CIVIL SUITS

Statement of Claims

Magistrate Court is Georgia’s court for small claims. Its purpose is to allow people to resolve relatively minor conflicts such as property damage, failure to pay a debt, or properly perform a service. Magistrate courts have jurisdiction for civil suits where damages are $15,000 or less. The cost to file a Statement of Claim is $ 97.00. The law requires that certain steps are to be followed and certain evidence presented for the court to grant a judgment. Although any person may file a suit without an attorney, we strongly encourage that you consult an attorney about the matter. Our office is prohibited by state law to render or furnish legal services or advice.

The following forms are required to file a Statement of Claim action. If you are mailing these forms to the court for filing, please have them notarized.

Statement of Claim forms (PDF)

 

Dispossessory Actions (Landlord-Tenant)

Magistrate courts have jurisdiction to hear landlord-tenant cases including dispossessory actions. A dispossessory action refers to eviction proceedings brought by a landlord against a tenant. Landlord­ tenant disputes usually arises when a tenant fails to pay rent. In such cases, landlords may seek possession of the property, seek a distress warrant or sue for back rent.

A landlord can legally remove a tenant or the tenant’s property from rented premises only with express permission from the tenant, or by filling a dispossessory action in magistrate court and obtaining a writ of possession. A writ of possession is an order from the court giving the landlord full legal right and possession to his property and ordering the sheriff or his deputies to remove the person and/or their belongings from the rental unit.

To file a dispossessory action or respond to a dispossessory action by filing an Answer, the following forms are below. If you are mailing these forms to the court for filing,please make sure you sign them before a notary public. Cost for a Dispossessory action is $ 72.00

 

Dispossessory Forms (PDF)

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