How to Represent Yourself in Small Claims Court Lawsuits in Georgia
In the State of Georgia, individuals regularly represent themselves in small claims court lawsuits. Small claims are decided in the Magistrate Courts of Georgia. These courts have jurisdiction over any dispute in which the amount in controversy is no more than fifteen thousand dollars. Although a party may retain an attorney for representation in such matters, Georgia's small claims courts are operated in a more "user-friendly" manner, which enables lay individuals to represent themselves effectively.
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Things You'll Need
- A prepared opening statement or overview of your claim or defense.
- Copies of all documents or other physical evidence to be presented.
Instructions
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Complete and file a clearly worded statement of claim to initiate the lawsuit, using the form available in the clerk's office. If defending a lawsuit, file your answer to the plaintiff's complaint within thirty days of being served with the lawsuit.
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Obtain from the clerk of court subpoenas for any witnesses you will need to call to testify. Arrange for the Sheriff to serve each subpoena at least one week before the trial date. Bring to court the Sheriff's proof of service of each subpoena.
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Arrive at the courthouse well before the appointed time for your case so as to allow adequate time for parking, security clearance and locating the courtroom.
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Present a brief overview of your case by telling the judge why you are entitled to relief or why the plaintiff is not entitled to relief.
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During the evidence portion of the case, elaborate on the opening statement by explaining to the judge the facts of the dispute. Present copies of all supporting documents with each bearing an exhibit sticker.
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Call to the witness stand any additional witnesses who possess information necessary to your case. Elicit testimony by asking simple, open questions that do not suggest the answer.
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Cross-examine the opposing party and witnesses by politely but firmly asking simple questions designed to elicit additional information needed for your side of the case.
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Tips & Warnings
Magistrate judges wish to move cases quickly. You should state your cases completely, but succinctly.
Magistrate judges take "no nonsense" approaches to cases. They are seldom swayed by emotions and tend to favor the party that appears the more reasonable. Avoid overstatement.
Avoid rude or disrespectful remarks and conduct, even to opposing parties and witnesses. Judges frown on unprofessional behavior and may rule against you if your conduct is offensive.
