Jurisdiction of the Court

Q: Jurisdiction of the Court

Magistrate Court jurisdiction includes: Civil claims of $15,000 or less County ordinance violations Deposit account fraud (bad checks) Dispossessory Distress warrants Garnishments Mediation Center Preliminary hearings Pre-Warrant hearings Search warrants Arrest warrants Jurisdiction of the Court The Magistrate Court hears cases of plaintiffs who file against defendants who also are residents of the same county. If you are filing against someone who lives in another county, you will not be able to file in Gilmer County. You will have to seek assistance from the county where the defendant lives. Authority of the Court The Magistrate Court is not a court of equity and cannot issue an injunction or order that requires a party to act or "fix" something. The Magistrate Court does have the authority to provide remedies of monetary judgements but does not have the authority to force a party to repair an item or return property. Refiling or Transferring Cases If you have already filed in the wrong county, you can request that the case be transferred to the appropriate court. Once the request is received, an order is signed by the Judge to have the case transferred. However, you will have to pay the sheriff entry fee (fee varies county to county) to have the defendant served in the county that the case is being transferred to. You will have to call that county to get the sheriff entry fee that they require.

Magistrate Court jurisdiction includes:

Civil claims of $15,000 or less
County ordinance violations
Deposit account fraud (bad checks)
Dispossessory
Distress warrants
Garnishments
Mediation Center
Preliminary hearings
Pre-Warrant hearings
Search warrants
Arrest warrants

Jurisdiction of the Court

The Magistrate Court hears cases of plaintiffs who file against defendants who also are residents of the same county. If you are filing against someone who lives in another county, you will not be able to file in Gilmer County. You will have to seek assistance from the county where the defendant lives.

Authority of the Court

The Magistrate Court is not a court of equity and cannot issue an injunction or order that requires a party to act or “fix” something. The Magistrate Court does have the authority to provide remedies of monetary judgements but does not have the authority to force a party to repair an item or return property.

Refiling or Transferring Cases

If you have already filed in the wrong county, you can request that the case be transferred to the appropriate court. Once the request is received, an order is signed by the Judge to have the case transferred. However, you will have to pay the sheriff entry fee (fee varies county to county) to have the defendant served in the county that the case is being transferred to. You will have to call that county to get the sheriff entry fee that they require.