W. Gene Richardson
Clerk of Court
Senior Deputy Court Clerk
Small Claims Court
- Civil Suits: Procedures for Filing Statement of Claim
- Dispossession of Tenant: Procedures for Filing of Dispossessory
- Garnishments: Procedures for Filing of Garnishment
UNDER NO CIRCUMSTANCES WILL ANY MAGISTRATE JUDGE DISCUSS A MATTER WITH EITHER PARTY PRIOR TO A HEARING.
MAGISTRATE COURT STAFF AND CONSTABLES ARE NOT ALLOWED TO GIVE LEGAL ADVICE. PLEASE CONSULT LEGAL COUNSEL IF YOU HAVE QUESTIONS.
PROCEDURES FOR FILING STATEMENT OF CLAIM
Claims filed in the Magistrate Court can be for monetary remedies only. The monetary limit shall not exceed $15,000.00. All filing fees are due at the time of filing and are non-refundable. Statement of Claims may be filed in the Magistrate Court office or online at: www.efilegeorgia.com
Magistrate Constables perfect personal service in Floyd County between the hours of 8:00 a.m. to 4:00 p.m. If a self addressed stamped envelope is included with the Statement of Claim at the time of filing, the service copy of the Sheriff's Entry of Service will be mailed once service has been perfected.
After three (3) unsuccessful service attempts by the Constables, unless an exception applies, the Plaintiff will be notified. The Plaintiff must provide a correct address and remit an additional $50.00 service fee prior to service being attempted. Alternatively, at the Plaintiff’s discretion, a Motion for Private Process Service may be submitted for approval for service by Court approved private process servers.
PROCEDURES FOR FILING OF DISPOSSESSORY
Proceeding for Dispossession of Tenant may be filed in the Magistrate Court office or online at: www.efilegeorgia.com
All filing fees are due at the time of filing and are non-refundable.
The property address must be clearly marked on the mailbox and the house, apartment, or duplex. In the event the property is not properly marked, service will NOT be perfected. There will be an additional $50.00 fee to reissue service of the dispossessory and must be remitted before service is attempted.
Phone numbers must be provided for the party responsible for executing the eviction.
Magistrate Constables attempt service between the hours of 8:00 a.m. to 4:00 p.m. by Tack and Mail service or Personal Service. Petitions for Dispossession of Tenant that request a money judgment require Personal Service of the tenant.
WRIT OF POSSESSION INSTRUCTIONS
After the Writ of Possession is signed, Constables will make three (3) attempts to contact the Landlord/Agent to schedule the eviction. Constables call to schedule between the hours of 8:00 a.m. to 9:30 a.m. and 3:00 p.m. to 5:00 p.m.
WE DO NOT EXECUTE WRITS IN INCLEMENT WEATHER. If an eviction is scheduled for a day that has inclement weather, the Constable will reschedule the appointment.
Additionally, no Writs will be executed in temperatures of 34 degrees or below unless the tenant has already vacated the premises, leaving no items of personal property at the premises.
PROCEDURES FOR FILING OF GARNISHMENT
Garnishments must be filed in the Magistrate Court office or by mail.
Filing fees are due at the time of filing and are non-refundable. Judgments older than 60 days require that the Defendant be served by certified mail and must include a cashier's check/money order payable to the USPS for $7.00 up to 2 ounces and one addressed envelope with first class postage - $.49 for 1 oz. - $.21 for each additional oz.
All Affidavits for Garnishment must include a copy of the Judgment. Judgments issued outside of Floyd County must be certified copies.