The Magistrate Court is also referred to as small claims court.
Seeking Small Claims
This is filed in attempt to collect debt or property you feel is owed to you. You can file a claim for which you are seeking $15,000 or less. This limit applies to both the claim of the plaintiff and counterclaim of the defendant (if there would be a counterclaim). Interest and court costs do not affect the jurisdictional amount.
Procedure for Filing
- Determine the county of residence of the defendant.
- The claim MUST be filed in the county in which the defendant resides.
- You will need to furnish the defendant’s mailing address as well as a good physical address (if different from the mailing address) in order for your claim to be served.
- Please also provide any pertaining phone numbers and emails.
Filing Fee
The filing fee in the Gilmer County Magistrate’s Office for a statement of claim is $110.00. The filing fee must be paid in the Magistrate’s Office at the time you file your claim.
Serving Notices
The Gilmer County Sheriff’s Office is responsible for service on all civil cases which are handled on a first come first serve basis. The Magistrate’s Office has no input or control over the service of civil papers. The Sheriff’s Office does serve all civil papers in a timely manner.
Legal counsel may be obtained by all parties involved by retaining the services of an attorney of their choice. However, being represented by an attorney is not mandatory in Magistrate Court.