Georgia > Local County > Gwinnett > Magistrate Court > Civil
Statement Of Claim MAG 10-01 - Georgia
| Statement Of Claim Form. This is a Georgia form and can be used in Civil Magistrate Court Gwinnett Local County . |
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GENERAL INSTRUCTIONS --IF YOUR CASE GOES TO TRIALThe instructional tape, I PRESENT MY CASE is currently scheduled for viewing on the Gwinnett County Public AccessChannel, Channel 23, on the following days and times: Monday, 5:30 P.M. & Saturday, 4:30 P.M; In Spanish, Tuesday, 5:30P.M., & Sunday, 4:30 P.M.. Current scheduling can be confirmed on the web-site, www.co.gwinnett.ga.us , click on Calendar,click on Cable Calendar. See the courts website, www.gwinnettcourts.com .Additionally, you must be prepared and ON TIME. Bring all of your witnesses, documents, photographs, etc. to court with you.If you are late, you may automatically lose your case and you may not have an opportunity to present your side of the issue. If youmust be late, contact the court well in advance during normal business hours so that the calendar can be properly marked.The following may help you in preparing your claim or defense: All parties shall notify the Clerk of Court in writing of any address change, or daytime telephone number change. All court notices come by regular mail. If you fail to provide your new address, you may miss your trial & lose your case. I will bring the following to court to prove my case: Written contracts, leases, IOUs, notes, and all written documents applicable to the case. Letters and/or papers relating to the case Bills or estimates, invoices. (The person(s) who prepared the bills or estimates should accompany you to court) Canceled checks Photographs Witnesses (Should accompany you. Notarized statements CANNOT be accepted as evidence at a trial.) All other evidence you consider relevant. I will bring to court all witnesses having firsthand knowledge of my case. They have not heard evidence from someone else. [NOTE: Impartial witnesses who have no stake in the outcome of the case are generally more believable] I need to get a subpoena (order to appear) from the Clerk of Court for some witnesses to make certain that they appear. I need to get subpoenas for the production of documents. This case involves damage to property (for example, a car, the home, etc.) I can describe the damage in detail and I have repair bills, written estimates of damage or repair, or other reliable evidence to help support my opinion of the value of the property before and/or after the damage. [NOTE: a case involving damages must always be proved by LIVE TESTIMONY]. Bring/subpoena the person to court who prepared any the estimates. I can describe the condition of the property before the damage and I have determined what it was worth then. I have a Bluebook/Blackbook guide or newspaper ads to help prove my opinion. I can describe with reasonable certainty the cost of repairs. I have researched the law as to the correct measure of damages. FOR PLAINTIFF: The party I have named is liable to me. (There is not a another person or corporation who really owes the money to me. (Just because a person is an officer/registered agent of a corporation does not make that person liable.) I can prove the amount of the complaint. I have not asked for more money than is really owed me. FOR THE DEFENDANT: I filed an answer/counterclaim to the Plaintiffs claim on time. I do not owe the money because someone else is legally responsible, a third party or a corporation. I do not owe the Plaintiff anything for some other reasons. The Plaintiff is suing for more than the damage. The Plaintiff owes me money and I have set forth the amount owed me in my counterclaim. (A counterclaim must be proven to a preponderance of the evidence in the same manner as Plaintiffs claim.) I owe most or all of the money the Plaintiff claims but I need more time to pay it. I need to set up a payment plan. I will try to work this out with the plaintiff before court. Otherwise, I will tell the judge I need a payment plan at the court date. judge atNOTE: The Magistrate Court attempts to use simple procedures but is subject to the same rules of law and evidence as anyother court. You may wish to seek legal advice from an attorney if the importance of your case warrants it. You have theresponsibility for presenting your case and this form gives only general advice which may not be adequate in your case.<<<<<<<<<********>>>>>>>>>>>>> 2 IN THE MAGISTRATE COURT OF GWINNETT COUNTY, STATE OF GEORGIA Clerk, Gwinnett Magistrate Court, P.O. Box 246 Lawrenceville, GA 30046-0246 (770.822.8100 , Ext. Civil Division) Civil Action No. Plaintiff(s) vs. INFO & FORMS ON INTERNET www.gwinnettcourts.com E-mail: mag@courts.co.gwinnett.ga.us STATEMENT OF CLAIM Defendant(s) Telephone (Daytime number if known, otherwise, evening number) Suit on a Note Suit on Account Other 1. The Court has jurisdiction over the defendant because: the Defendant is a resident of Gwinnett County; or other (please specify) 2. Plaintiff claims the Defendant is indebted to the Plaintiff as follows: 3. That said claim is in the amount of:$ principal, $ interest, plus $ costs to date, and all future costs of this suit. State of Georgia, Gwinnett County: being duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all set-offs and just grounds of defense. Sworn and subscribed before me this Plaintiff or Agent day of 20 (If Agent -- Title or Capacity) Day Time Phone Number Notary Public/Attesting Official I request a 1:00 p.m. Trial -OR-- 6:30 p.m. Trial. ALL CONFLICTS WILL BE SET FOR 6:30 P.M. Trials. NOTICE AND SUMMONS TO: All Defendant(s) You are hereby notified that the above named Plaintiff(s) has/have made a claim and is requesting judgment against you in the sum shown by the foregoing statement.YOU ARE REQUIRED TO FILE or PRESENT AN ANSWER (answer forms can be obtained from the above listed web-site or clerks office) TO THIS CLAIMWITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UP ON 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 JUDGE . If you choose to file your answer orally, it MUST BE IN OPEN COURTIN PERSON and within the 30 day period. NO TELEPHONE ANSWERS ARE PERMITTED . The court will hold a hearing on this claim at the Gwinnett Justice &Administration Center, 75 Langley Dr., Lawrenceville, GA [30045-6900], at a time to be scheduled after your answer is filed. You may come to court with or withoutan attorney. If you have witnesses, books, receipts, or other wr itings bearing on this claim, you should bring them to court at
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