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Magistrate Court/Civil Division
INSTRUCTIONS FOR FILING IN THE MAGISTRATE COURT OF BIBB COUNTY

 

INSTRUCTIONS FOR FILING A COMPLAINT IN THE MAGISTRATE COURT OF BIBB COUNTY

REVISED APRIL 01, 203

 

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.

 

 

                       

           

 


Bibb County     Site Map
601 Mulberry Street Macon, GA 31201     Phone Number : (478) 621 - 6400
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