INSTRUCTIONS
FOR FILING A COMPLAINT IN THE MAGISTRATE COURT OF BIBB COUNTY
1. The
maximum for filing in the Magistrate Court is $15,000.00
2. The
Magistrate Court of Bibb County does no accept PERSONAL CHECKS.
3. There is a
$101.00 Filing Fee payable when you file your claim. This fee covers the
filing process and one service. If there is more that one defendant, an
additional charge of $58.00 per extra defendant will be charged. If the
Sheriff is unable to serve the defendant(s) at the address given at the time of
filing, there will be a charge of $50.00 for each new address given per
defendant. You can include a place of employment at the time of filing with a
home address at no extra charge, however you must have a home address at the
time of filing.
4. YOUR
DEFENDANT MUST BE A RESIDENT OF BIBB COUNTY. It does not matter where the
plaintiff resides. It is the responsibility of the plaintiff to furnish all
information necessary to file a complaint. The Sheriff cannot serve a P O BOX OR A ROUTE NUMBER.
5. IT IS
THE RESPONSIBILITY OF THE PLAINTIFF TO FOLLOW UP ON ALL CLAIMS AND/OR GARNISHMENTS. When your case is filed, you will be given a Docket/Case Number. When
calling to inquire about your case, give that number (EXAMPLE: 012345-S) and
the information you want can be easily found. The number for the Clerk’s
Office is (478/621-6495). If a pending case has no activity for two years, it
is automatically dismissed for want of prosecution.
6. This court
is not a collection agency. You control your own cases. The deputy clerks
will only follow your written instructions as to what you wish to have
done concerning your case. We have no authority to pursue any action
concerning your case. We cannot change names, addresses, money amounts, etc…
7. The
plaintiff must fill out claim against defendant(s) with complete names and
addresses (including zip code). Plaintiff must also provide a BRIEF
description as to why a claim is being filed and furnish copies of any
contracts, etc… that need to be attached. If the claim is for DAMAGES,
plaintiff must state this in their claim. IF YOU ARE UNSURE THE PERSON AND/OR BUSINESS TO SUE, CONSULT AN ATTORNEY.
8. Defendant(s)
have a thirty (30) days after the date of service to file an answer to the
complaint. They can
open the
default for an additional fifteen (15) days by paying the accrued cost on the
complaint. If the defendant files an answer, the parties will be notified by
mail of the date and time of the hearing. If no answer is filed the plaintiff
must submit a written DEFAULT JUDGMENT against the defendant(s) for the
Judge’s signature. If the claim is for damages it will have to be placed on
the court calendar for a hearing and the plaintiff will have to PROVE
damages. If subpoenas are needed they should be applied for after you receive
your notice of the hearing date.
9. If a
judgment is RENDERED a FI.FA. may be issued only on the 31st
day after the date of the hearing. If the case is in DEFAULT a FI.
FA. can be issued immediately.
10. Once a Fi.
Fa. has been issued you may file a garnishment or use it to have the sheriff
attempt a levy.
