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Home Magistrate CourtTypes of CasesCivil Filing Claims/Answers - Forms

Civil Filing Claims/Answers - Forms

  Statement of Claim (MAG 10-01) [DOC]
    Purpose of form: Form used for beginning your lawsuit in Magistrate Court.

  Trial Preparation Instructions (MAG 10-02) [DOC]
    Purpose of form: Form used to help both plaintiffs and defendants prepare for trial in Magistrate Court. Please see our Video section for additional instruction and examples.

  Certificate of Service (MAG 10-04) [DOC]
    Purpose of form: This document is an official court document attesting that proper service of notice upon the opposing party has been made. The initial civil lawsuit, or initial garnishment, is, in most cases, served by the sheriff's department, or by a special process server.

Amendments & Answers

However, amendments to the original lawsuit, after the defendant(s) has/have been served is typically served upon the opposing party by regular mail. But, the party making the service by regular mail has to sign a certificate of service attesting that they made such mailing + immediately mail the document to the opposing party. Also, when the defendant files an answer or counterclaim, the defendant should attach a certificate of service form attesting that they have served the other party + immediately mail the document to the opposing party.

  Motion For Appointment Of Special Agent (MAG 10-05) [DOC]
    Purpose of form: In rare instances, it may become necessary to have a special process server be appointed to attempt to serve the defendant. The proposed process server must be independent of the plaintiff or plaintiff's lawyer. The process server cannot be related, by blood or marriage to the plaintiff, the plaintiff's lawyer nor may the process server be an employee of either the plaintiff or plaintiff's lawyer. Typically, private investigators act as a private process server.

If the court appoints a special agent to serve process, MAG 10-06), the special agent must serve the defendant or garnishee in accordance with Georgia law and file an affidavit of service, under oath with the clerk of court. MAG 10-07. The affidavit of service sets forth the various ways to properly make service of process

  Order Appointing Special Agent To Serve Process (MAG 10-06) [DOC]
    Purpose of form: In rare instances, it may become necessary to have a special process server be appointed to attempt to serve the defendant. The proposed process server must be independent of the plaintiff or plaintiff's lawyer. The process server cannot be related, by blood or marriage to the plaintiff, the plaintiff's lawyer nor may the process server be an employee of either the plaintiff or plaintiff's lawyer. Typically, private investigators act as a private process server.

If the court appoints a special agent to serve process, MAG 10-06, the special agent must serve the defendant or garnishee in accordance with Georgia law and file an affidavit of service, under oath with the clerk of court. MAG 10-07. The affidavit of service sets forth the various ways to properly make service of process.

  Special Agents Affidavit of Service (MAG 10-07) [DOC]
    Purpose of form: If the court appoints a special agent to serve process, MAG 10-06, the special agent must serve the defendant or garnishee in accordance with Georgia law and file an affidavit of service, under oath with the clerk of court. MAG 10-07. The affidavit of service sets forth the various ways to properly make service of process typically used by a process server.

  Filing claims-listing the correct party or business (MAG 10-09) [DOC]
    Purpose of form: Gives instructions to properly list various types of plaintiffs and defendants in a lawsuit, such as an individual, sole proprietorship, corporation, partnership and suits involving a minor.

Also lists most common errors made by person representing themselves, such as failing to list proper corporate entity, direct action suits against the defendant's insurance company, actions improperly suing a registered agent as a party defendant, finding the correct business entity, trade names and amendments.

  Sheriff Entry of Service (MAG 10-10) [DOC]
    Purpose of form: The Gwinnett County Sheriff's Entry of Service form is the document used to show service of process upon the defendant or garnishee. The fee for serving a summons by the sheriff's deparment can be found on the Magistrate Fee Page.

The Magistrate Court version of this form can also be modified to show proof of service of other documents also served by the sheriff's deputies.

  Dismissal of Claims (MAG 10-12) [DOC]
    Purpose of form: To dismiss claims or counterclaims. Most often, this form is used when the parties have settled their case "out of court," or have acquired new information that changes whether the case should still be tried by the court.

This form is used to dismiss civil cases and dispossessory actions. To become effective, a dismissal must be filed with the clerk of court.

If there is a counterclaim pending, the dismissal of the plaintiff's claim WILL NOT dismiss a counterclaim made by the defendant against the plaintiff. Therefore, a plaintiff should carefully examine all pleading or call the clerk of court, 770-822-8100, to determine whether a counterclaim has been filed before filing a dismissal.

The court recommends that if a counterclaim has been filed and the parties desire to dismiss both the claim and the counterclaim, that both parties sign the same dismissal of claims form and file the document with the clerk of court.

  Answer Counterclaim of Defendant (MAG 10-13) [DOC]
    Purpose of form: To file an answer and/or counterclaim against the plaintiff's statement of claim.

An answer and counterclaim must be FILED with the clerk of court within thirty (30) days of the date the defendant is served, unless the defendant signs a waiver of service pursuant to O.C.G.A. 9-11-4 which extends the period to sixty (60) days from the date the notice is sent. (See MAG 10-15 & MAG 10-16) The mailing of an answer and counterclaim is not sufficient unless it is filed with the clerk within the requisite time period. Please mail early to insure timely filing with the clerk of court.

An answer is the defendant's written response to the plaintiff's statement of claim. It should list all the defenses of the defendant and either admit or deny the claims of the plaintiff.

A counterclaim is the claim of the defendant against the plaintiff. Some counterclaims are mandatory, while other counterclaims are permissive. A mandatory counterclaim is a claim of the defendant that arose out of the same transaction that the plaintiff is suing upon. Mandatory counterclaims must be immediately filed in response to the claims of the plaintiff or the defendant's counterclaim may be forever barred. A permissive counterclaim is not related to the plaintiff's claim and does not necessarily have to be filed in response to the plaintiff's statement of claim.

The defendant should fill out the address location where defendant wants future court notices to be sent. Also, it is critical that the defendant list a "day-time" phone number. Oftentimes calendar conflicts arise at the last moment, and the court cannot notify the defendant of any rescheduling unless the court has a day-time telephone number to immediately reach the defendant.

  Entry of Appearance (MAG 10-14) [DOC]
    Purpose of form: (Attorneys only.) To satisfy the requirements of Uniform Rules of Magistrate Court, #7.1. Notification of representation (by an attorney): No attorney shall appear in that capacity before a magistrate court until he/she has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance shall state

  1. The style and number
  2. The identity of the party for whom the appearance is made
  3. The name and current office address and telephone number of the attorney.

  Notice of Lawsuit and Request Waiver (MAG 10-15) [DOC]
    Purpose of form: To lessen the cost of litigation and to permit the defendant to have an additional time period to file an answer. This is only an appropriate alternative if the plaintiff reasonably believes that the defendant will actually acknowledge and waive service of process. This applies to civil cases only, and would not be appropriate for dispossessory actions, foreclosures of motor vehicles or other criminal proceedings.

Helps Plaintiff
Expedites service in appropriate cases. Saves the additional court costs of paying the sheriff's department to serve process.

Helps Defendant
Saves the additional court costs of paying the sheriff's department to serve process. These costs would be assessed against defendant if defendant loses the case. Grants the defendant an additional 30 days to file an answer. Avoids the possible embarrassment of being publicly served with process by a deputy in uniform in a marked patrol car.

  Waiver of Service of Summons (MAG 10-16) [DOC]
    Purpose of form: To acknowledge service of process for each defendant and gain an additional 30 days in which to file an answer.

To lessen the cost of litigation and to permit the defendant to have an additional time period to file an answer. This applies to civil cases only, and would not be appropriate for dispossessory actions, foreclosures of motor vehicles or other criminal proceedings.

Helps Plaintiff
Expedites service in appropriate cases. Saves the additional court costs of paying the sheriff's department to serve process.

Helps Defendant
Saves the additional court costs of paying the sheriff's department to serve process. These costs would be assessed against defendant if defendant loses the case. Grants the defendant an additional 30 days to file an answer. Avoids the possible embarrassment of being publicly served with process by a deputy in uniform in a marked patrol car.

  Summons (MAG 10-17) [DOC]
    Purpose of form: O.C.G.A.15-10-48 requires the defendant be given the statutory notice set forth in this code section for all magistrate court civil cases. This statutory notice is contained within this document, entitled MAG 10-17 Summons.

Our statement of claim form, MAG 10-01, contains this statutory notice. Therefore, if a plaintiff files a statement of claim using form MAG 10-01, then this document is not needed.

This form must be attached to all other civil complaints, or statement of claims, which do not otherwise contain the statutory notice required by O.C.G.A. 15-10-48.

 

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