The Dekalb County State Court form serves as a critical document for individuals seeking to initiate legal proceedings within the Magistrate Court of Dekalb County, situated at the Dekalb County Courthouse. It specifies the necessary details for filing a case, including case number, filing date, and associated costs. The form delineates the roles of the plaintiff and defendant, requiring their names and addresses for official records. Central to the form is the Statement of Claim section, which outlines the nature of the claim—whether it's a suit on a note, account, or another issue—alongside the amount being claimed, underscoring the jurisdiction of the court over the defendant and the plaintiff's assertion of the debt owed. It mandates the plaintiff's (or their agent’s) sworn statement to the claim’s validity and the presence of a notary public or attesting official for verification. Furthermore, the form serves as a notice and summons to the defendant, informing them of the claim and the requirement to respond within 30 days to avoid a default judgment. This notice includes a checklist for trial preparation, highlighting the importance of evidence and witness testimony. Notably, the form also addresses the potential for out-of-court settlements and the procedural aspects of going to trial, such as the necessity of being prepared and punctual, thus emphasizing the court's aim to facilitate a fair and efficient resolution.
| Question | Answer |
|---|---|
| Form Name | Dekalb County State Court Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | dekalb courthouse, claim dekalb magistrate, dekalb statement claim, dekalb county claim form |
MAGISTRATE COURT OF DEKALB COUNTY
DEKALB COUNTY COURTHOUSE
Case No: |
Date Filed: |
Cost: |
Service: |
PLAINTIFF:____________________________ |
DEFENDANT:___________________________ |
|
_____________________________________ |
_______________________________________ |
|
_____________________________________ |
_______________________________________ |
|
(Name and Address) |
(Name and Address) |
|
|
STATEMENT OF CLAIM |
|
Suit on a Note |
Suit on Account |
Other (Explain) ______________________________ |
|
|
_____________________________________________ |
1.The Court has jurisdiction over the defendant.
2.Plaintiff says the defendant is indebted to the plaintiff as follows:
That said claim is in the amount of $__________________ plus $___________ cost to date; and all future costs of this suit.
State of Georgia, DeKalb County:
______________________________ being duly sworn on oath, says the foregoing is a just and true statement of the plaintiff
and claim made by plaintiff against defendant, exclusive of all
Sworn and subscribed before me |
______________________________________ |
|||
this _____ day of _________________, _______. |
(Agent for) Plaintiff |
|||
|
|
|
______________________________________ |
|
|
|
|
(If agent, title/capacity) |
|
________________________________________ |
______________________________________ |
|||
|
|
Notary Public or Attesting Official |
|
Phone Number |
|
|
|
Afternoon Trial |
Evening Trial |
|
|
|
NOTICE AND SUMMONS |
|
TO |
______________________________ |
|
|
|
______________________________
You are hereby notified that _____________________________ has made and filed a claim and is asking for judgment against you in the sum of
________________________ dollars ($ __________), as shown by the foregoing statement. YOU ARE REQUIRED TO FILE OR PRESENT AN
ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE CHIEF OR PRESIDING MAGISTRATE DURING REGULAR COURT HOURS. FILE YOUR ANSWER, 2ND FLOOR, SUITE 230, ADMINISTRATIVE TOWER, DEKALB COUNTY COURTHOUSE, 556 N. MCDONOUGH STREET, DECATUR, GEORGIA 30030.
The court will hold a hearing upon this claim at a time to be set after your answer is filed. If you have witnesses, book receipts, or other writings bearing on this claim, you should bring them with you at the time of the 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 come to the hearing in person and state the circumstances to the court.
You may come with or without an attorney.
By:______________________________________
Deputy Clerk
Magistrate Court, DeKalb County
statementofclaim7/2008
IF YOUR CASE GOES TO TRIAL:
You must be prepared and ON TIME for your trial with all of your witnesses, documents, photos, etc., present in court. If you are late, you may lose your case automatically without an opportunity to be heard. If you must be late contact the court in advance. The following is a check list which shows some things to consider in preparing your case.
( |
) |
I have contacted the other side to see if we could work out an |
|
( |
) |
I will bring the following to court to help prove my case: |
|
|
|
( ) |
Written contract (leases, IOU=s, notes, etc.) |
() Letters or papers relating to the case
() Bills or statements
() Canceled checks
() Photographs
() Witnesses (Affidavits will usually not be accepted).
() Other evidence
() I have witnesses who can testify directly of knowledge they have of the case. They have not heard things from someone else, they know
() I must get a subpoena (order to appear) for some witnesses to make sure that they appear or to excuse them from work.
( ) |
This case involves damage to property (for example, a car). |
||
|
( |
) |
I can describe in detail the damage and have repair bills, written estimates of repair or other |
|
|
|
reliable evidence to help support my opinion of the value of the property after the damage. |
|
|
|
(The cause of damage must always be shown by live testimony). |
|
( |
) |
I can describe the condition of the property before the damage and have checked out what |
|
|
|
it was worth then. |
FOR PLAINTIFF:
( |
) |
The party I have named is liable to me. (There isn=t another person or corporation who is not named |
|
|
who really owes the money to me). |
( |
) |
I can prove the amount of the complaint. I have not asked for more than what is really owed me. |
FOR DEFENDANT: |
||
( |
) |
I filed an answer to Plaintiff=s claim on time. |
( |
) |
I don=t owe the money because someone else is responsible. |
( |
) |
I don=t owe the Plaintiff anything for some other reason. |
( |
) |
The Plaintiff is suing for more than he was damaged. |
() The Plaintiff owes me money and I have set forth my claim with a dollar amount in the answer. (This claim must be proven in the same way as Plaintiff=s claim.)
() I owe most or all of the money the Plaintiff claims, but I need more time to pay it. With help from the Clerk=s Office, I sent the Plaintiff a proposed AConsent Judgment Payable In Installments@ but the Plaintiff did not accept it.
NOTE: The Magistrate Court attempts to use simple procedures but is subject to the same rules of law and evidence as any other court. You may wish to seek legal advice if the importance of your case warrants it.
You have the responsibility for presenting your case and this form gives general advice which may not be satisfactory in your case.