Is Magistrate Court a court of record in Georgia?
The Magistrate Court, established by the 1983 Georgia Constitution, is the first tier of Georgia’s unified court system. It is a court of limited jurisdiction, and not a court of record.
How do I sue someone in Cobb County?
To begin the process of filing a small claims case, you must first fill out a Statement of Claim Form and a Sheriffs Entry of Service Form. On these forms, you will put the name and address of the person or corporation you are suing, state the exact amount of money you are suing for and explain why you are suing.
How do I evict a tenant in Cobb County GA?
Marietta, Georgia – Tenant Eviction Process
- Step 1: Understand the Georgia Laws on Dispossessory Proceedings (Evictions).
- Step 2: Demand for Possession.
- Step 3: Filing and Serving the Dispossessory Affidavit.
- Step 4: Default Judgment or Trial.
- Step 5(a): Writ of Possession.
- Step 5(b): Appeal to Superior or State Court.
What’s the difference between county court and magistrates court?
While higher-value cases are heard in the High Court, the county courts hear a wide range of civil actions, consumer claims, and appeals from magistrates’ courts.
How long do you have to sue someone in Georgia?
Georgia Statute of Limitations for Personal Injury and Other Civil Cases
| Type of claim | Deadline | Statute |
|---|---|---|
| Property damage | 4 years | § 9-3-32 |
| Medical malpractice | 2 years (maximum of 5 years) | § 9-3-71 |
| Legal malpractice | 4 years | § 9-3-25 |
| Trespassing | 4 years | § 9-3-30 |
How many days notice to evict a tenant in Georgia?
Georgia Eviction Process Timeline
| Notice Received by Tenants | Average Timeline |
|---|---|
| Initial Notice Period | 24 hours to 60 days |
| Issuance and Posting of Summons and Complaint | 7 days |
| Court Ruling on the Eviction and Posting of Writ of Possession | 7 days |
| Return of Possession | n/a |
Can you sue for emotional distress in Georgia?
Under Georgia law, a plaintiff cannot recover damages for emotional distress unless: The plaintiff sustained a physical impact in the incident, The physical impact caused physical injury to the plaintiff, AND. The physical injury also caused the plaintiff to suffer mental or emotional distress.
What sentences can a magistrates court impose?
Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to 12 months’ custody, depending on the offence. Find out more about the different types of sentence and see the guidelines for sentencing offences in magistrates’ courts.
How long can Magistrates Court sentence you?
If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.