How many types of courts are there in Georgia?
There are three different types of trial courts in Georgia- Magistrate Court, State Court, and Superior Court. There are other courts as well, however. Every Georgia county has a Probate Court. Many cities have a Municipal court and a Recorder’s Court.
What is Magistrate Court?
Magistrate Courts are small claims courts.. Magistrate courts cannot hear cases where more than $15,000 in damages are sought. This does not include any attorney fees or the the award of court costs. Magistrate court cases do not go before a jury—a judge decides both the issues of fact and law in a magistrate court case.
What are the rules and procedures in Georgia Magistrate courts?
Complaints, answers, and motions are filed with the Clerk of the Magistrate Court. Magistrate Court does not follow the Georgia Civil Practice Act. This means cases in Magistrate Court do not have the process called “Discovery” which is where both sides get to ask the other side questions and for documents related to the case. Magistrate courts in Georgia must follow the Georgia laws of evidence, however. Magistrate court is designed to be your county’s small claims court.
What is State Court?
State courts handle cases large than $15,000 in damages and have no restriction on the money damages they can award. State courts are very similar to Superior Courts in Georgia. The main difference is that state courts cannot hear felonies—they are limited to misdemeanor criminal cases. Credit card lawsuits are not criminal, however, and therefore this limit does not apply. You can have your case heard by a jury in a state court.
What are the court rules and procedures in State Court?
Complaints, answers, and motions are filed with the Clerk of the State Court. This is often the same clerk as the county’s superior court clerk. State courts do follow the Georgia Civil Practice Act rules. This means the opposing parties in a state court case can go through the discovery process and ask each other questions and request documents prior to the actual trial. As with all courts in Georgia, the laws of evidence are applicable in state courts. State courts do not exist in every county. Usually only larger, more populated counties have state courts. .
What type of cases are handled by Superior Court?
Superior courts have no restrictions on the types of cases they can hear. Cases in superior court may be presented to a jury. Complaints, answers, and motions are filed with the Clerk of the Superior Court. The Georgia Civil Practice Act applies to Superior Courts. This means cases can go through the discovery process. Every county has a Superior Court.
Do I have to answer the summons?
Yes. If you don’t answer the summons in the specific time period a default judgment will be entered against you and you will have lost your opportunity to dispute the validity of the debt.
This debt is too old to be valid. Why are they suing me?
Suing on outdated debt is one of the easiest ways that debt buyers make money. Most of the time the defendant (that’s you!) does nothing and they receive a default judgment. Creditor bet on the fact that most defendants do not respond to the lawsuit.
What happens if I just let them get a default judgment against me?
If you don’t respond to the lawsuit then the plaintiff will be able to take his or her default judgment and obtain a garnishment against your financial accounts and/or your bank account. In addition, the plaintiff can also record a F.I.F.A. against your real property to ensure that your debt is paid.
What do I do after receiving the paperwork from Lawsuit Response?
Print out all of the forms and go to the courthouse where you are being sued. Make three copies of our documents to take with you. Tell the clerk that you would like to file a response. Each clerk’s office has their own procedure.
What is a traverse?
A “traverse” is a hearing conducted by a judge to determine whether the defendant was properly served with the Summons in the action. If it is determined that the defendant was not properly served then the action is deemed dismissed.
Do your legal products also come with instructions?
Yes. We provide both written and video instructions with our legal products. Our legal response form is automated so there will be little if any additional editing work needed on your part.
It's been longer than the time allowed for an answer. Now what?
If the plaintiff has not filed for a default judgment yet then most of the time you can still file a response.
What is discovery?
Discovery refers to a phase of litigation where the parties seek information from one another. The information which may be requested during the discovery phase is very broad. In fact, courts allow the request of information which is “reasonably calculated to lead to the discovery of admissible evidence”.
Will your company represent me in court?
No. Our company was established by Saedi Law Group, LLC (a consumer bankruptcy law firm) to provide consumers with the proper forms and instructions to file their own responses to aggressive creditor action. If you have a legal question you would need to consult with an attorney in your area.
Since not everyone needs to use bankruptcy to deal with their debt issues, Saedi Law Group created this personalized lawsuit response program to assist consumers.
Does your company provide referrals to attorneys if one is needed?
If you feel that you need legal assistance regarding a lawsuit we can provide a referral for several attorneys in your area to review your case. This service is only provided to clients.
How long do I have access to product once I purchase it?
You will receive an email with your personalized legal response in Word formal. You are free to log back in and use the product for 12 months from the date of purchase.
Does your company sell information to marketing lists?
Absolutely not. Lawsuit response takes its customers privacy very serious and we do not sell or market any services to past or current clients.