Civil Filing Claims/Answers - F.A.Q.s

Hours and Location

You must have the Defendant(s) served with a copy of the Statement of Claim. This is ordinarily done by the Sheriff at a charge that can be found on the Magistrate Fee Page. You may include this payment with the payment of the filing fee to the Clerk of Court who will forward the service fee to the Sheriff.

You can file your case by preparing a Statement of Claim with the Clerk of Magistrate Court.

A Statement of Claim form is available at the Magistrate Court Clerk Office, or it can be downloaded from this page. Your claim must set forth the facts, which form the basis of your suit. You do not have to recite all of the evidence that you intend to produce at trial, but you should provide enough information so that the Defendant will know what he or she is being sued for. If you have documents that support your case, you should attach those documents to the Statement of Claim. (For instance attach, invoices, statements of account, contracts, work orders, etc..)

The cost to file a civil claim with the county magistrate and the cost for the claim to be served on the defendant can be found on the Magistrate Fee Page.

The Sheriff will serve the Defendant a copy of the Statement of Claim. If service is to be made on a Defendant in another county or state, you should obtain a second original copy of the Statement of Claim (this can be prepared by the Clerk Of Court if you are unfamiliar with how to prepare this document)and forward it, along with your payment of service fees, to the Sheriff or another appropriate process server in the other county or state.

If service is to be made on a Defendant in another county or state, you should obtain a "Second Original" copy of the Statement of Claim and forward it, along with your payment of service fees, to the Sheriff or another appropriate process server in the other county or state.

The Magistrate Court of Gwinnett County currently conducts trials of civil cases every Thursday at 8:30 AM, 1:00 p.m. and 6:30 p.m., holidays excepted.

You can submit your Answer in writing to the court. You may prepare your own form or use one of the court's answer forms. Another option is to consult with an attorney. (If you do not have an attorney, see www.gcba.org .)

You must file the Answer within thirty (30) days of being served. (Answers for Landlord Tenant matters must be filed within seven (7) days. The date after service is counted as day one. If the thirtieth day falls on a day when the court is closed (a weekend or legal holiday), the Answer is due on the next day the court is open.

Answers must be "filed" to be legally sufficient. The date of mailing is not the date of filing. If you are close to the deadline for filing your answer, bring your answer to court and file it with the clerk yourself. Do not let an inadvertent delay in mail delivery cause you to waive your legal defenses.

You must serve a copy of the Answer to the Plaintiff by either personal delivery or first class mail. You must complete a certificate of service that is your personal oath that you have mailed a copy of your answer to the plaintiff.

There is no cost to filing an Answer.

On the thirty-first (31) day after service, the case goes into default. However, the Defendant has an additional fifteen (15) days to open the default by filing a late Answer and paying all court cost along with the Answer.

While you "may" file an answer beyond the forty-fifth (45) day following service, such answer may be a legal nullity and void.

You protect your rights by timely filing an answer with the clerk of court.

If you are also contending that the Plaintiff actually owes you money, you should file a counterclaim against the Plaintiff.

I am the Defendant. I have been served with a law suit. What do I need to do? [DOC | WPD]

Along with your Answer, you can file what is called a Counterclaim, which is, essentially, a Statement of Claim filed by the Defendant against the Plaintiff. (See the information on Statements of Claim, above.) If your Counterclaim exceeds the jurisdictional limits of the Magistrate Court, the case will be transferred to a court that does have jurisdiction. Usually the entire case will be transferred. However, there may be some cases where the Plaintiff's claim will remain in Magistrate Court and the Defendant's counterclaim will be transferred separately.

On the thirty-first day after service on the Defendant, the case goes into default. However, the Defendant has an additional fifteen days to open the default by filing a late Answer and paying all court costs along with the answer. No Answer may be filed beyond the forty-fifth day following service.

The Defendant must serve a copy of the Answer on the Plaintiff. Service of the Answer, and all subsequent pleadings (court filings) may be done by either personal delivery or first class mail.

If you believe that you were not given proper notice of your court date, you can ask to have the judgment set aside. You must do so by filing a Motion to Set Aside Judgment setting forth the reason why the judgment should be set aside. The Court will schedule a hearing on your motion. You should make sure to inform the clerk setting the hearing date that this motion MUST BE SCHEDULED to be heard within thirty (30) days of the date of the judgment date. Time is critical, because the time for appeal expires at the end of thirty (30) days. This motion must be heard prior to the expiration of the appeal deadline. Both parties should appear and be ready for trial. If the motion is granted, the Court will try your case immediately.

Once the Defendant files an Answer, the Court will schedule the case for trial within a few weeks. All parties will receive notice by regular U.S. mail notifying them of the date and time of the trial.

You must file your case in the county in which the Defendant (the party you are suing) resides. This requirement is referred to as "venue."

5A. Individuals

For an individual, venue is the county of the person's legal residence.

5B. Businesses

The proper venue for a business Defendant is determined by the type of business. For a sole proprietorship, the suit should be brought in the county in which the owner of the business resides. For a partnership, the suit should be brought in the county in which at least one of the owners resides. For a corporation, the suit should be brought in the county which the corporation has designated with the Secretary of State as its registered office.

5C. Multiple Defendants

For multiple Defendants, you can file your case in any county in which venue would be proper for at least one of the Defendants, if they are jointly and severally liable.

5D. Out of State Parties

For a party which lives outside the State of Georgia, or a corporation from outside the State of Georgia, your case should be filed in the county in which the transaction or occurrence giving rise to the claim took place.

The party who files a claim is referred to as the "Plaintiff." The party who is sued is referred to as the "Defendant." A claim must designate the proper Plaintiff(s) and Defendant(s). The determination of the proper party will depend on whether the party is a person or a business and how that business is set up. Failure to name the proper parties may result in a defective judgment.

4A. Individuals

If the party is a person, you should designate that party by his or her legal name. For example "John Doe."

4B. Minors

If the party is a minor (under the age of 18), the proper party depends upon whether the minor is the Plaintiff or the Defendant. A minor may not be a Plaintiff directly but must sue through the minor's parent or legal guardian. For example "John Doe, a minor, by Joe Doe, next best friend." A minor may be sued directly or through the minor's parent or legal guardian.

4C. Businesses

If the party is a business, you must name the proper legal entity. The proper legal entity is determined by how the business is set up. You can contact the Georgia Secretary of Sate at (404) 656-2817 to get information on a corporation. You can also check with the Gwinnett County Business License Office at (770) 822-7800 to find out who owns a business.

4D. Sole Proprietorships

A sole proprietorship is a business owned by one person which is not in the form of a corporation. The person may are may not use a trade name in the operation of the business. In either case, the proper party is the individual owner. For example "John Doe, individually and d/b/a John's Garage."

4E. Partnerships

A partnership is a business owned by two or more persons which is not in the form of a corporation. The proper parties are the actual partners. For example "John Doe and Jane Doe, individually and d/b/a John's and Jane's Garage."

4F. Corporations

A corporation is a legal entity separate and distinct from its owners. The proper party is the legal name of the corporation. For example "John's Garage, Inc." You can get information on corporations from the Georgia Secretary of State by calling (404) 656-2817. You should determine the correct legal name of the corporation, the county in which its registered office is located, and the name and address of the Registered Agent.

If you file a case in Magistrate Court over which the Court does not have jurisdiction or where venue is improper, the case will be transferred to a court that does have jurisdiction. An order will be entered transferring the case to the appropriate court. The order may contain a requirement that you pay a transfer fee within twenty (20) days. There is no additional fee for transfer of the case to a Magistrate Court in another county. There is a fee for the transfer of a case to State Court or Superior Court. Failure to pay the transfer fee will result in a dismissal of the case.

No, but if the defendant files the answer or counterclaim late it can be dismissed if the defendant does not pay the court costs.
Here are the time examples:

• Answer or Counterclaim Timely Filed:
  • If the answer is filed timely, within the time specified in the summons, then there is no cost for filing an answer or a counterclaim.
• Answer or Counterclaim Filed More than 30 Days From Date of Service But Within 45 Days or Less:
  • A defendant who fails to file a timely answer or counterclaim by day 30 after the date of service has 15 days to open default by paying court costs. See O.C.G.A. 15-10-43, (d): Upon failure of the defendant to answer the claim within 30 days after service of the statement of claim, the defendant shall be in default. The defaulting party may open the default upon filing an answer and upon payment of costs within 15 days of default.
    In this instance the defendant has the right to open default by paying costs if paid by the 45th day.
• Answer or Counterclaim Filed More 46 Days From Date of Service:
  • In this instance the defendant failed to file a timely answer or counterclaim within 45 days. The defendant "may" still be able to open default if the defendant pays costs and can convince the court that there was a valid bona fide reason why and answer or counterclaim was not timely filed. See O.C.G.A. 15-10-43 (f) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.

In summary, if the defendant files a timely answer or counterclaim there is no charge. If the defendant files an answer and counterclaim within 30-45 days there is a charge of the court costs, but if paid the defendant has the right to file a late answer. If the defendant desires to file a lawful answer or counterclaim more than 46 days after the date of service, the defendant has to pay the court costs to be able to file a motion to see if the court will even permit a late answer or counterclaim to be filed.

A Subpoena is a document issued by the clerk of court under seal. It states the name of the court, the title of the lawsuit, and compels the attendance of the person receiving the subpoena to give testimony, or produce documents, or both, at a specific time and place.

Our physical address is:
75 Langley Drive, Lawrenceville, GA 30046-0246

Our mailing address is:
P.O. Box 246, Lawrenceville, GA 30046-0246

An attorney can fill out the forms for you. Family violence shelters or social service agency staff members designated by the court may explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to victims of family violence.