Magistrate Court – Small Claims Cases

CHANGE THE WAY

YOU THINK ABOUT YOUR CASE…

It’s an investment – Do what it takes to win, otherwise you’re wasting your time and money. We Specialize in Small Claims, we know how to win. Presenting your claim is everything. Presenting your defense takes skill. Do NOT be unprepared. You cannot afford to appear in Court alone.

Call us now at (678) 453-8554 for a no obligation consultation.

Did you get a Flyer from Us?

We are trying to reach you to discuss your case and to offer our assistance. Below is some information that may be useful to you when considering whether to hire a lawyer in your Magistrate Court matter.

Don’t believe you’re involved in a Magistrate Court case? Click HERE to be directed to the Court’s website. Enter your last name and first name as it appeared on the envelope that our letter came to you in.

The Simple Fact

In Georgia, a claim in Magistrate Court can be for as little as $0.05, or as much as $15,000.00. A Magistrate Court judge cannot enter an equitable judgment. For example, the judge cannot order your neighbor to remove a tree that is blocking your light, and cannot order that your roof be replaced.

You can control the outcome of your case, though, and, generally speaking, hiring a lawyer may be the best way to get an outcome that is best for you. Your lawyer may recommend that you discuss settlement, or may recommend that you try to mediate your dispute.

Plaintiffs

Time and again we are contacted by plaintiffs who have lost hope – they know they’re owed money, they’ve filed suit, and now they have no idea what to do next.

You filed suit. What if you can’t get the defendant properly served? (and service MUST proper or your judgment will be meaningless). What if you cannot find the defendant? What if you can find the defendant and it’s the wrong defendant? Did you sue an individual when you should have sued a corporation? Maybe one individual defendant and one corporate defendant?

If you don’t know the answer to these questions, the odds are already against you. We know the answers because we’ve had to ask the questions in numerous civil cases in the past. We also know the answers because when plaintiffs make simple mistakes, our knowledge of the answers aids our defendant-clients.

If you want to know the answers, we can help. Our Fees for representation in Magistrate Court are much lower than in State or Superior Court.

If you need assistance with a small claim in Magistrate Court, we have the experience you need to be successful.

Defendants

A Magistrate Court case is much different from a case that would be heard in any other courtroom. That’s because the rules of evidence are relaxed. That means you’re generally free to discuss all aspects of your case in as much detail as you like.

There’s only one problem….The more you talk the less the judge listens. Statistically, in Magistrate cases where lawyers are NOT involved, most judges decide the outcome of your case within 10 MINUTES…even if you talk for 30.

How does hiring a lawyer change that?

Excellent question  When litigants ramble on about their cases, judges lose interest and you start to make less sense – you discuss aspects of the case that were never at issue.

Lawyers tend to stay on point. That means that fully 100% of the questioning is designed to elicit some response that is useful to the judge. Whats more, instead of simply waiving documents around, a lawyer knows precisely how to use documents and evidence in a strategic manner, whether to compel a response, prove a point, or to build on other points.

Simply stated, if unrepresented, you are already at a disadvantage. Your odds of succeeding on the merits of your case are dramatically improved when you appear with a lawyer.

Magistrate Court Attorney Fees

Defendants:

Attorney’s Fees generally start at approximately $500.00 per Defendant. Depending on the facts of your case, $500.00 may be the only fee you pay. For example, if you and your spouse were tenants in a rental property, it is very likely that you’ll be eligible for the flat fee of $500. However, if 2 or more defendants were parties to a contract, and if one defendant is more responsible than the other defendant for repayment, each defendant would be responsible for paying an independent fee for representation. In fact, it may be appropriate for each defendant to have separate legal counsel.

Plaintiffs:

It is possible for a Plaintiff’s attorney’s fees to be a simple $500 flat fee. Generally speaking, the only way that a Plaintiff will be eligible for this flat fee is if the Plaintiff has already filed and successfully served the Defendant such that the only thing the Plaintiff needs of his or her attorney is for the attorney to conduct a trial.

In any other scenario, however, the fee for a Plaintiff is likely to exceed $500. Nonetheless, we know that you’ve chosen Magistrate Court for a reason. So if we can limit the work from our end, we can usually keep our fees between $500 and $750. Don’t be surprised  however, if we ask you to do some of the work in order to keep your fees low.