Frequently Asked Questions - Civil

1. Can I file my case in magistrate court?

2. Can I reduce my claim to $15,000.00 and file it in magistrate court?

3. Are there any types of cases which cannot be filed in magistrate court?

4. Who may file a claim or have a claim filed against?
a. Individuals
b. Minors
c. Businesses
d. Sole Proprietorships
e. Partnerships
f. Corporations

5. Where should I file my case?
a. Individuals
b. Businesses
c. Multiple Defendants
d. Out of State Parties

6. What if I file a case in the wrong court?

7. How do I file my case?

8. How much does it cost to file a case?

9. How does the defendant know that he or she is being sued?

10. What if service will be made by someone other than the sheriff of Lumpkin County?

11. What happens after the defendant is served with the statement of claim?

12. Can the defendant file a late answer?

13. How does the plaintiff know that an answer has been filed?

14. What happens after the defendant has filed an answer?

15. When will my trial be held?

16. I have been sued, what should I do?

17. I missed the time to file an answer, can I file a late answer?

18. The party who sued me actually owes me money, what can i do?

19. Is there a cost to filing an answer or a counterclaim?

20. What do I bring to court?

21. Can I bring letters or affidavits from witnesses to the court?

22. Can I tell the court what an absent witness told me?

23. Can I present the court with estimates of repair?

24. How do I make witnesses come to court?

25. When do I have to pay the witness?

26. Can I present evidence other than the testimony of witnesses?

27. Can I subpoena records and documents as well as persons

28. How much evidence will I need in order to win my case?

29. Do I have to prove all of my case by the same standard of evidence?

30. How are cases presented in court?

31. What if I forget to tell the court something or the other side brings up something I did not
anticipate?

32. How do I cross-examine a witness?

33. May I object to evidence?

34. When do I find out who won the case?

35. How do I get my judgment paid?

36. Basic outline of post-judgment collection procedures.
a. Writ of fi fa
b. Garnishments
c. Continuing Garnishment
d. Post-judgment Interrogatories

37. Do I have to do anything after my judgment is paid?

38. What are the alternatives to going to trial?

39. What is the difference between a dismissal with prejudice and without prejudice?

40. Can I appeal my case if I lose?

41. I did not receive notice of my court date and the case was decided against me. What can I do?