INCREASED SMALL CLAIMS FILING
FEES EFFECTIVE JUNE 1, 2010
Click here for a complete list of Magistrate Fees
The Chief Magistrate Judge of Effingham County is elected in a countywide election to a four-year term.
Jurisdiction for Magistrate Courts include small claims (under $15,000), minor and felony criminal offenses, dispossessory writs, warrants, good behavior warrants, bad check warrants, preliminary hearings, arrest and search warrants.
Magistrates grants bails in cases that are not reserved exclusively to a judge of another court. Jury trials are not held in magistrate court. If a defendant submits a written request for a jury trial, cases may be transferred to state or superior court.
LEGAL ADVICE
Please be advised, if you plan to file a claim, the Judge nor the clerks are allowed to provide legal advice. It is unethical, improper and illegal for the Judge or clerks to do so. If you have legal questions or need legal advice you may contact an attorney of your choice.
CIVIL CASES
Civil Cases are divided into four categories: Dispossessories, Small Claims, Garnishments and Writ of Possession.
Dispossessories are legal measures that landlords use to remove a tenant for non-payment of rent or for lease violations. Click here for application
Small Claims (up to $15,000) are legal measures that one party's claim to monies owed to them by another party. Normally this involves contracts and account actions though this is not always the case. Click here for application
Garnishments is a one method that many businesses use to collect monies that are owed to them. Though garnishments are mainly sought after from businesses, citizens may also file garnishment against another citizen. (NOTE: Garnishments may be filed only after a judgment has been obtained against the debtor.) Click here for application
Writ of Possession is a method that may be used when claiming property.
Abandoned Vehicles - Contact your local tag office to begin abandonment process. Forms that Magistrate Court requires when applying after completing the process at the tag office, Court Order. Once the vehicle is sold at a public auction a Report of Sale form must be completed and filed with our office within thirty (30) days.
CRIMINAL CASES
Criminal Cases are divided into three categories: Bad Checks, Pre-Warrants/ Warrants and Good Behavior/ Peace Warrants.
Bad Checks are checks written without sufficient funds in the bank to cover them or if the check was written on a closed account. Almost all "bad checks" are grounds for a civil lawsuit, but only some form the basis for criminal action. The law, as written by the General Assembly and interpreted by the Georgia Court of Appeals and Supreme Court, determines whether the Magistrate Court can issue a criminal warrant or citation. The final decision rests with the court.
Pre-Warrant hearings are used to determine if there is sufficient probable cause to issue a warrant for the arrest of a defendant.
COUNTY ORDINANCES
County Ordinance violations, which are considered misdemeanors, include infringe of such local laws as littering, failure to display mobile home decal, animal control citations, etc.