The person or business against whom the claim is brought is called the defendant.

The plaintiff must file a sworn statement with the Clerk of the appropriate Magistrate's Court describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim.

The statement of claim should include the following:

1. The complete name, address, and phone number of the plaintiff and his attorney, if he has one.
2. The complete name and street address of the defendant.
3. The damages, or the amount of money or property sought by the plaintiff.
4. A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incidents.
5. Copies of all relevant documents, such as contracts, receipts, cancelled checks, etc. Keep the original documents for your files.

If the defendant is a person, the claim must be filed in the county where the defendant lives.

If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. Contact the Corporation Office of the Secretary of State at (404) 656-2817 or at www.sos.state.ga.us to determine whether a business is a corporation and the name and address of its registered agent.

If the defendant is an unincorporated business, the claim must be filed in the county where the business is physically located.

At the time of filing, the plaintiff must pay a filing fee which includes the charge to serve one defendant. This fee varies by county and can range of from approximately $45 to $55. An extra charge for service for any additional defendants usually ranges from $25 to $35 per defendant.

The Clerk of the Magistrate's Court can help the plaintiff complete the necessary forms, but cannot give the plaintiff any legal advice, such as whom to sue or whether or not the plaintiff will win. REMEMBER, the plaintiff must prove to the judge that he is entitled to receive compensation from the defendant.

HOW IS THE DEFENDANT NOTIFIED?
After the claim has been filed, the Magistrate's Court will serve (notify) the defendant with a copy of the claim and a summons to appear in court.

The defendant has thirty (30) days to give the court a written or oral answer to the claim. If the defendant fails to answer within this time, the plaintiff can ask the judge for a default judgment.

The defendant may file a counterclaim against the plaintiff, if the counterclaim is related to the plaintiff's original charge and the defendant's total money claims are also less than $15,000. 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.

HOW DO YOU PREPARE FOR THE HEARING?
The court will set a hearing date after the defendant files an answer. The hearing date will usually be between fifteen (15) and thirty (30) days after the date the answer was filed. The court will notify both parties of the date, time, and location of the hearing.

Before the hearing date, both parties should:

1. Collect all documents that would help to prove their case. Make extra copies for the judge and the other party.
2. Contact any witnesses who have agreed to testify and inform them of the hearing date.

Subpoena documents or summon witnesses to appear in court, if needed. A subpoena is a command to appear before the judge in order to give testimony or produce evidence. A subpoena can be obtained from the Clerk of the Magistrate's Court. The fee for serving a subpoena ranges from $5 to $25. Some counties include this cost in the filing fee.

WHAT IS THE PROCEDURE FOR THE HEARING?
Some counties require mediation prior to a hearing before the judge. This allows the parties to try to settle the case without a hearing. Even if the parties agree to settle out of court, the plaintiff may ask the defendant to pay the court costs. If the parties cannot agree to settle, the judge will instruct both parties about courtroom procedure and hear the arguments presented by both parties. The plaintiff and defendant may question or dispute each other's testimony during the hearing. When both parties have completed their presentations, the judge will give a judgment (make a decision). The judge may grant an award of money damages to the plaintiff, to the defendant, or both.

The plaintiff must appear in court on the day of the hearing or the judge may:

1. Allow the defendant to present testimony and give a judgment, without hearing the plaintiff.
2. Postpone the case until a later date.
3. Dismiss the case.

The defendant must appear in court on the day of the hearing, or the judge may grant a default judgment in favor of the plaintiff.

WHAT IS A DEFAULT JUDGMENT?
If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.

If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages.

The defendant may reopen a default judgment in Magistrate's Court within fifteen (15) days of the hearing, but only after paying the judgment and the plaintiff's court costs.

HOW DO YOU APPEAL A JUDGMENT?
If either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the State or Superior Court in the county will hear the appeal and either party may request a jury trial. The court that hears the appeal will charge a filing fee.

HOW DO YOU COLLECT THE AWARD?
In many cases collecting the court award is more difficult than proving the case in court. A judgment granting the plaintiff an award gives the plaintiff the right to collect the money damages from the defendant, but the plaintiff is responsible for actually collecting the award. The court cannot, and will not, collect awards for any party. If the defendant is unable to make full payment immediately, the plaintiff may ask the court at the hearing to order a payment plan. If the defendant is unwilling to pay, the plaintiff may :