Georgia > Local County > Gwinnett > Magistrate Court > Civil
Summons MAG 10-17 - Georgia
| Summons Form. This is a Georgia form and can be used in Civil Magistrate Court Gwinnett Local County . |
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IN THE MAGISTRA TE COURT OF GWINNETT COUNTY, STATE OF GEORGIA Civi l A cti on No. Plai ntiff(s) Dayt ime Tel ephone No: vs. INFO & FORMS ON INTERNET www.gwinnettcourts.com E-mail: mag@courts.co.gwinnett.ga.us SUMMONS Defendant(s) Tele phone, (preferably daytime #, if known) NOTICE AND SUMMONS (This form used when the Plaintiff drafts a separate C om plaint, rather than using MAG 10 -01, Statem ent of Claim form) To: All Defendant(s) You are here by notified that the above nam ed Plaintiff has m ade a claim and is requesting judgment against you in the sum of $____________________ ______________. YOU AR E R EQ UIR ED TO FILE o r PR ES EN T AN ANS WER TO THIS C LAIM WITHIN 30 DA YS A FTE R SE RVI CE OF THIS C LAIMUPON YOU. IF YOU DO NOT ANS WER, J UDGMENT BY DEFAU LT WILL BE ENTERE D AGA INS T YOU. YOUR ANS WER MAYBE F ILED IN WRI TING OR MA Y BE GIVEN ORA LLY TO THE JU DGE . If you choose to file your answer orally, it MUST BE IN OPE N C OU RT IN PER SO N and within the 30 da y period. NO TELEPHONEANSWERS ARE PERM ITTED . If you file an answer, the court will hold a hearing on this claim at the Gwinnett Ju stice & Administration Ce nter, 75 La ngley Dr.,Lawrencevi lle, GA [300 45-6 900 ], at a time to be sche duled after your answer is filed. (Answer & Counte rclaim form s a re availableon the above webs ite and at the Magi st rate Clerks office. Answe rs & counterclaims shoul d be mailed to Clerk, Mag istra te C ourt, P.O.Box 246, Lawr encevi lle, GA 30046-0246) You may come to court with or without an attorney. If you have witnesses, books, receipts, or other writings beari ng on this claim, yoush ould bring them to court at the time of your hearing. If you want witnesses or documents subpoenae d, see a staff person in theClerks office for assista nce . If you have a claim aga inst the Plaintiff, you should notify the court and imm ediately file a written ans wer and counterclaim. If you admit to the Plaintiffs claim but need additional time to pay, you must com e to the heari ng in person and tell the court yourcircumstances. Filed day 20 Mag istrate or Deputy Clerk of Court MORE INSTRUCTIONS ARE ON THE REVERSE SIDE OF THIS DOCUMENT W:\MAGFORMS\SUMMONS MAG 10-17 (DEC 01)<<<<<<<<<********>>>>>>>>>>>>> 2 INS TRUCTIONSIF YOUR CAS E G OE S T O TRIAL You must be prepared and ON TIME . Bring all of your witnesses, docum ents, photographs , etc. to court with you. If you are late,you may automati cally lose your case and you may not have an opportunity to present your side of the issue . If you must be late,contact the court well in advance dur ing normal business hours so t hat the calendar can be properly marked.The following may help you in preparing your claim or defense: All parties sh all notify the Clerk of Court in writing of any addres s chang e. All court notices come by regul ar mail. If your address changes, you may miss y our court appearance & lose your case. I will bring the following to court to prove my case: W ritten contracts, leases, IOUs, notes, et c. Letters and/or papers relating to the case Bills or estimates (The person(s ) who prepare d the bills or estimates should accompany you to court) Cance led checks Photogra phs W itness es (S hould accom pany you. Notarized state m ents are NOT acc epted as evidence at a trial.) Other evidence I have witnesses who have firstha nd knowledge of my case. They have not hear d evidence from someone el se. [NOTE: Impartial witnesses who hav e no stake in the outcome of the case are general ly more believable] I need to get a subpoena (order to appear) from the Clerk of Court for some witnesses to m ake c ertain that they appear. I need to get subp oenas for the production of documents. This ca se involves damage to property (for example, a car, the home, etc.) I can descr ibe the damage in det ail and I have repai r bills, written estimates of damage or repai r, or other reliable evidence to help support my opinion of the val ue of the propert y before a nd/or aft er the damage. [ NOT E: a case involving damages m ust always be proved by LIVE TESTIMON Y]. Bring/subpoena the person to court who prepared estim ates . I can descr ibe the condition of the property before the damage and I h ave det ermined what it was worth then. I have a Bluebook/Blackbook guide or newspaper ads to help prove my opinion. I can descri be with reasonabl e cert ainty the cost of repairs. I have research ed the law as to the correct measure of damages. FOR PLAI NTIFF: The party I have named is liable to me. (There is not another perso n or corporation who is not named who really owes the money to me. Just because a perso n is an officer/regist ered 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 DEFE NDANT: I filed an answer to the Plaintiffs claim on time. I do not owe the money because someone else i s legal ly responsi ble. I do not owe the Plaintiff anything for some other reasons. The Plai ntiff is suing for more than the damage. The Pla intiff owes m e money and I have set forth my counter claim in the answ er with a dollar amount. A counte rclaim mus t be proven in the sam e way as the P laintiffs 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 pay ment plan at the court date. judgeNOTE: The Magistr ate Court attempts to use si mple procedures but is subject to the same rules of law and evidence as any other court. You may wish to seek legal advice from an attorney if the importance of your cas e warrants it.You have the resp onsibility for pres enting your cas e a nd this form gives only genera l advice which may not be adequate inyour case. N:\Magforms & C:\MyFiles\Forms\Statement of Claims Instructions Mag.10-02
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