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Filing Suit Pro-Se Small Claims Court

by Diminished Value Car Appraiser on August 4, 2015

Below is the text for the complaint you’d file if going Pro-Se (without an attorney) at Small Claims Court  or Magistrate Court.

If you’re suing a driver who hit your car in small claims court, below are the forms you need.

Most Georgia counties have the same form.small-claims-suit-magistrate-diminished-value

Statement-of-Claim-Magistrate-court-Sample  (3rd Party)📄

Statement-of-Claim-Blank-Small-Claims-Court (1st Party)📄

Statement-of-Claim-Blank-Small-Claims-Court 📄

IN THE MAGISTRATE COURT ____ COUNTY

STATE OF GEORGIA

 

Plaintiff ___________________________________________

Street Address ___________________________________________

City, State, Zip ___________________________________________

Phone ___________________________________________

v.

Case No. _______________________________

Defendant ___________________________________________

Street Address ___________________________________________

City, State, Zip___________________________________________

Phone ___________________________________________

STATEMENT OF CLAIM

The above-named Defendant_____ is (are) subject to the jurisdiction of this Court.

Defendant is indebted to the Plaintiff in the amount of $ ______________________________________________________________

The Plaintiff’s claim against the Defendant is based on the following: ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________

 

Wherefore, Plaintiff demands Judgment against the Defendant for the sum of $ ___________________________________ plus costs. VERIFICATION Georgia, _________________County ______________________________________________ being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by Defendant to Plaintiff, exclusive of all setoffs and just grounds of defense.

 

Sworn to and subscribed before me, this _______ day of ______________________, 2014 ___________________________________________ _______________________________________________

Notary Public (or Attesting Official) Plaintiff (or Agent)

NOTICE AND SUMMONS

To _______________________________ _______________________________ _______________________________

Defendant/Home Address or For Assistance & Further Information c/o _______________________________

Call (770) 531-6912, Ext. 1 _______________________________ _______________________________ Business Address You are hereby notified that _______________________________________________________ has made a claim and is requesting judgment against you in the sum of ________________________________________________________________________________ Dollars ($_______________________________),

as shown by the foregoing statement. The Court will hold a hearing upon this claim in the Magistrate Courtroom, 2nd Floor, Hall County Courthouse, 225 Green Street, Gainesville, Georgia at a time to be set after your answer is filed. YOU ARE REQUIRED TO FILE OR PRESENT TO THE CLERK OF SAID COURT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE IN PERSON OR TO THE CLERK. You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the Court at once for assistance. If you have any claim against the Plaintiff, you should notify the Court at once. If you admit the claim, but desire additional time to pay, you must still answer and come to the hearing in person and state the circumstances to the Court. You may come with or without an attorney. ____________________________________________ Clerk/Deputy Clerk

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