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Filing A Claim

The person filing a claim in magistrate court is called the plaintiff. 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 Peach County Magistrate Court, describing the charges made by the plaintiff against the defendant. This statement is called a statement of claim, or a claim. Remember, the plaintiff must prove to the judge that he is entitled to receive compensation from the defendant.

The statement of claim should include the following:

  • The complete name, address and phone number of the plaintiff (and his attorney, if he has one.)
  • The complete name and street address of the defendant.
  • 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 canceled checks. (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 Corporations Division of the Secretary of State online at https://ecorp.sos.ga.gov/ or by calling 404-656-2817 to find out whether a business is a corporation and, if so, 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 is subject click here for the current fees.

The clerk of the magistrate court can help the plaintiff complete the necessary forms but cannot give any legal advice, such as whom to sue or whether or not the plaintiff will win.

 

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