DeKalb County Small Claims Court

After the plaintiff files the claim, the magistrate court will serve the defendant with a copy of the claim (including the sworn statement) and a summons (with the date and time of the hearng) to appear in court. From that point, the defendant has thirty days to respond or answer.

What’s a default judgment?

When a defendant fails to appear at the hearing or respond to the claim, the court can grant a default judgment. If a default judgment is entered, the plaintiff is awarded the amount that was requested in the claim along with court costs. An additional hearing by the court will be necessary if the plaintiff asked for something that does not have a specific dollar amount. The defendant has a 30 day window to respond to plaintiff’s claim. Once this time period passes, the defendant is in “default.”

How do I appeal a judgment?

If a party is not satisfied with the court’s decision, that party may file an appeal. The appeal will be heard by either the state or superior court in the county. On the appeal, either party may request a jury trial (something you cannot have at the magistrate court level). The appeal must be filed within thirty days of the court’s decision.

When will my hearing date be?

In DeKalb County, the court selects the hearing date after the defendant responds to the claim. The date for the hearing is generally 15 to 30 days after the defendant files his or her answer.

Locations for DeKalb County Small Claims Court

The DeKalb County magistrate court is located at:

556 N. McDonough St Suite 1200 Decatur, GA 30030

It can be reached by telephone at: 404-371-4766. The fax number is 404-371-2986. The magistrate judge is Chief Magistrate Berryl A. Anderson.

Which County do I file my case in?

If the defendant is a person, the case must be filed in the County where they live. If the person you are suing is a corporation, the case must be filed in the County where the registered agent for service of process is located. To find the registered agent, contact the Corporations Division of the Secretary of State either online or at 404-656-2817. If the defendant is an unincorporated business (fancy for is not a corporation), file the case in the county where the business is physically located (ie. if the business is located in DeKalb County, file it here).
The plaintiff must also pay a filing fee which is submitted along with the initial paperwork (the sworn statement). This filing fee includes the cost for the clerk to serve one defendant. The actual filing fee varies amongst counties but is usually between $45 and $55. There is an extra charge for service for any additional defendants (if you are suing more than one person). The extra charge is usually between $25 to $35 and caries by county.
The court clerk can direct you to the necessary forms and will check them for completeness once you have filled them out. However, the clerk is prohibited by law from giving legal advice. A clerk would be able to review your forms to make sure there is a signature in the appropriate blanks but will not be able to tell you which party you should sue. The clerk will also not be able to tell you whether he or she believes you will win your case.

How can I file a claim?

The plaintiff (or person filing the action) needs to file a sworn statement with the magistrate court clerk in the proper county. The sworn statement simply spells out the claims made against the defenant and includes the facts on which the claim is based. The sworn statement should usually include the following:

Defendant’s Counterclaim

The defendant is able to issue a claim against the plaintiff. This is called a counterclaim. The defendant can file this against the plaintiff’s original claim if it is related to the initial claim and the amount asked for by the defendant is les than $15,000. The counterclaim of the defendant is generally heard by the magistrate court at the same time as the plaintiff’s initial claim.

Which Types of Cases are Usually filed in DeKalb County Small Claims Court?

Here are some examples of common case types which are filed in DeKalb County Small Claims court:

Preparing for the Hearing

Prior to the hearing you should:

Do I need to hire an attorney?

In County cases, you may hire an attorney to represent you but are not required to do so. You are able to file the case on your own completely without the assistance of an attorney. Small Claims court judges are heard and decided without a jury. Some courts utilize mediation as a tool to resolve a case without the time and expense of a trial. Some counties will even require a case to attempt to be settled at mediation prior to it being set for trial.

What are the hearing procedures?

If the defendant does not show at the hearing, the court has the authority to grant a default judgment against the defendant. The name comes from the fact that because the defendant does not show, the plaintiff wins the case by “default.” The lesson to be learned is make sure you attent the hearing regardless of whether you are the plaintiff or the defendant.

2 thoughts on “DeKalb County Small Claims Court”

Barbara L. Davis

Please advise if there is a form I need to complete and how payment is made to move forward with the smalls claims I would like to file as soon as possible. Thank you very much and have a lovely day. Barbara L. Davis
blynndavys62@gmail.com
678-873-3055 Reply

Jennifer Porter

I am trying to check the status of a small claims judgement against me and pay it if necessary. Please help. Jennifer Porter Reply

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