General Guidelines for Statement of Claims and Answers
Notice: This information is for the purpose of explaining the general process of applying for an arrest warrant in Magistrate Court by a citizen. It is not exhaustive and should not be substituted for competent legal counsel. The Court encourages in the greatest emphasis possible to seek legal counsel. Court personal are not authorized to provide legal advice. The Clerk may explain the general procedure, but cannot tell a person how to proceed to advise them on what to do.
A statement of claim can be utilized by individuals who wish to sue a person or entity for $15,000 or less. A more common phrase for this is “small claims”. The process begins with filing a statement of claim, which must be served on the opposing party. Once the opposing party is served, they should file an answer and any applicable counter-claim(s). Depending on the answer, the Court will schedule a trial, schedule a hearing on damages or issue judgment for a failure to answer if the claim is for unliquidated damages. If the case is scheduled for trial, the parties will first go through the mediation process. If an agreement is reached, the Court will most often sign the agreement and make it an order of the Court. If no agreement is reached, then the case will proceed to a trial. Some questions to consider are as follows:
Does the person reside or entity based in Lumpkin County?
Do you have any evidence supporting the claim (whether by videos, photos, and other witnesses)?
Do you have information on where this person can be located (so to be served with the statement of claim and later a court date)?
A form statement of claims can be found at the Clerk of Superior Court, on this website or can be filed online at NCourt.com. A form answer can be found at these places, too. Another form that is often used is a dismissal form, which is at the Clerk of Superior Court and this website. This form is for when a party chooses to dismiss their claim (oftentimes because the parties settle the case outside of court). Also included on this website, is a request for a fi fa, satisfaction of judgment and request for subpoenas.
Any questions related to civil filings should contact the Clerk of Superior Court, who is also the Clerk for Magistrate Court’s Civil Division. The number is 706-864-3736.