MAGISTRATE COURT - DISPOSSESSORY DIVISION

How can I evict someone from my property?

There are generally three grounds upon which a dispossessory may be filed:

1) The tenant fails to pay rent that is due.
2) The tenant is holding over beyond the term of the lease.
3) The tenant is at sufferance following a foreclosure sale.

Where do I file the warrant and who will serve it?

A plaintiff/landlord must go to either the Dispossessory Office at the Justice Center Tower or the Magistrate Court office at one of the annex service centers to file the necessary forms. Forms are available at our downtown office, at the two annexes and also on this web site. If forms are used off the web site, the plaintiff/landlord must bring to file an original and three copies of each completed form. There is a filing fee involved and the amount depends on the number of tenants in the property. Once the warrant is filed, the Fulton County Marshal will attempt one of three types of service:

1) Tack and mail: The Marshal will simply tack one copy to the door and send the other through the mail. This is the most common type of service.
2) Personal: The named defendant is served in person by the Marshal. This type of service is usually made only on request of the plaintiff/landlord at the time of filing.
3) Notorious: Someone of legal age, other than the named defendant, residing at the address accepts service of the warrant.

How do I challenge the claims made by my Landlord?

Once the warrant has been served, the defendant has seven days to file an answer challenging the landlord's allegations. When the answer is filed, a court date is assigned and a trial notice is given to the tenant and a copy of the trial notice is mailed to the plaintiff. The court date will always be at least seven days from the date the answer is filed. At court, both sides have the chance to state their claims and defenses. There is mediation provided for those cases that qualify.

How can I file a Lawsuit against my Landlord for repairs or money owed?

A tenant may sue a landlord for repairs or money owed in either the Magistrate Court, Civil Small Claims Division or the State Court of Fulton County.

What is a Writ of Possession and when will I be evicted?

The writ of possession is an order directing the Marshals to remove the tenant and the personal property from the premises. A writ can issue if the defendant failed to file an answer or if the judge entered an order granting a writ of possession. An application for writ of possession must be filed by the plaintiff/landlord; the writ does not automatically issue. Once the application is filed, it will be processed by a clerk and sent to the Marshal's Office. A Marshal will then contact the plaintiff/landlord to schedule an appointment for the eviction. It is the plaintiff/landlord's responsibility to provide the actual labor for the eviction.

MAGISTRATE COURT - SMALL CLAIMS DIVISION

How do I sue and for how much can I sue for ?

An informational booklet and forms are provided by the Magistrate Court, Small Claims Division at each location and on this web site. Upon request, this information will be mailed to you. The amount sued for cannot exceed $15,000.00 including all costs. The filing fee is $49.50 and $25.00 for service on each defendant.

Can I use the forms that are on the web site?

Yes, you can download the forms from our Web site. If you choose to download these forms, when you file, you must provide the original, a service copy and a return copy. Each form must include an original signature and must be clearly marked, "Original - Court," "Defendant/Service Copy," and "Plaintiff - Return copy."

How do l know if Fulton County is the right county to file my claim?

Generally, to avoid jurisdictional objections from the defendant, the safest course of action is to sue the defendant in the county in which he or she resides. If you want to sue a business or corporation, generally it is best if you sue in the county where the business is located or in the county where corporation's registered agent is located. The law on which county to sue in is complicated and there are many exceptions. You should consult an attorney if you do not want to sue in the county where a defendant person resides, a defendant corporation has a registered agent or a defendant company (not incorporated) does business.

Do I need an attorney?

No, an attorney is not necessary in Magistrate Court since this Court was designed for the pro se person. However, if you choose, you may hire an attorney.

Can I sue more than one person?

STATE COURT - GARNISHMENT DIVISION

What is a garnishment?

A garnishment is a proceeding filed against the employer of a debtor/defendant. The employer is required to turn over to the court any money or other property that they may have in their possession belonging to the debtor/defendant. The plaintiff must have a judgment against the defendant before a garnishment can be filed. The judgment must also be a Georgia judgment (either local courts of federal). Other states' judgments will have to be domesticated (made a Georgia judgment). A judgment is valid for seven years. It can be renewed every seven years.

What is subject to a continuing garnishment?

Money owed by the garnishee to the defendant at the time of service of the summons of garnishment upon the employer is subject to garnishment. Any future funds owed by the employer to the defendant during the lifetime of the garnishment (179 days) are also subject to garnishment. If a defendant has been drawing a salary from his professional corporation, and stops when the notice of garnishment is received, a judge, in some cases, could possibly consider this fraud and collusion.

What is subject to a regular garnishment?

100% of any money (or amount of a garnishment, whichever is greater) in a bank account, credit union account, ira (support only), or related accounts; 100% (same as above) of any commissions owed the defendant; all items found in a safe deposit box; 100% of receipts due a business on an American Express, Master Card, or Visa account (exceptions are bank cards); 100% of rent owed the defendant; any property of the defendant in the possession of the garnishee (such as stocks and bonds, horses, band uniforms, etc.) - such property is either sold at public auction by the Marshal's or turned over to the plaintiff, whichever the plaintiff elects.

Can more than one judgment be cited on a garnishment?

Garnishments are usually based on a single judgment. However, when a plaintiff has multiple judgments against an individual, the plaintiff may consolidate and file them under a single garnishment. The same principal would apply if various individuals obtain judgments against the same person, and assign their judgments to one entity (assignee).

What can I do to stop the garnishment?

A garnishment cannot be "stopped" per se. A defendant can file a traverse. A traverse is an action filed by the defendant when he or she has some objection to the garnishment. There are three reasons a defendant may traverse the garnishment. (1) the judgment does not exist; (2) the amount claimed is incorrect; and (3) the affidavit contains an error.

STATE COURT - CIVIL DIVISION

What are your filing and service fees?

Suits with 1 Defendant, no service: $117.50
Marshal service fee per Defendant: $25.00
Each additional Defendant after first: $8.00

Where are you located?

Central Location: 185 Central Ave., SW Room TG100 Atlanta 30303

Can I file at the annex courthouse?

Yes, you may also file at:
North Fulton Service Center
7741 Roswell Road, Room 231
Atlanta 30350
or
South Fulton Service Center
5600 Stonewall-Tell Road, Room 212
College Park 30349

What are your hours of operation?

Hours of Operation: 8:30 AM-5:00 PM Monday through Friday.

Are the court rules on line?

Yes, return to the home page and click on State Court Local Rules.

STATE COURT - CRIMINAL DIVISION

When do I or the defendant go to court?

Cases must first be accused by the Solicitor General's Office, then filed in the Criminal Division of the State Court Clerk's Office. After cases are filed, docketed, given computer generated accusation numbers and computer generated judge assignments, they are processed, routed to the respective Judges' judicial case managers, then scheduled for court hearings. Notices to defendants are mailed two to three weeks prior to court dates by the Judges' Judicial Case Managers. Notices to victims and witnesses are mailed by the Solicitor General's staff.

Where do I or the defendant go to court?

If the case is a Fulton County State Court Criminal case, the defendant and all interested parties will go to court at 185 Central Avenue, Atlanta, GA. This building is located one block from the State Capitol.

Where do I go to get a background search?

To get a background check, the person requesting the search must have a valid Georgia driver's license or Georgia ID card. If the person does not have the proper identification, a certified copy of his/her birth certificate and Social Security card will be accepted.

The background search would be for Fulton County State Court misdemeanor charges only. To get a background check for Fulton County State Court misdemeanor offenses, the person requesting the background check must go to the Justice Center Building, 160 Pryor Street, S. W., Room J-150, Atlanta, GA. One of the following types of IDs must be presented to the clerk at the counter:

a. A valid Georgia driver's license or
b. A valid Georgia ID card or
c. A certified copy of his/her birth certificate and his/her Social Security card.

How can I get the disposition of a case?

In the State Court of Fulton County Criminal Division, one can get the disposition of a case by coming in person to the Justice Center Building, 160 Pryor Street, S. W., Room J-150, Atlanta, GA. If the case is more than two years old, the file will have to be ordered from archives by 10:00 AM if needed the same day.

Copies of dispositions are 25¢ per page. Certified copies of dispositions are 50¢ per page plus $2.50 for the Court seal. Dispositions can be requested via mail by forwarding the request to the State Court of Fulton County, Clerk's Office - Criminal Division, 160 Pryor Street, S. W., Room J-150, Atlanta, GA 30303. There is a $15.00 fee for dispositions requested by mail.

I missed court. How can I get my case reset?

If you are the defendant and you have missed your court date, you must appear in person and bring proper identification (see FAQ # 3) to 160 Pryor Street, Room J-150, Atlanta, GA 30303. Cases will not be reset by telephone.

MAGISTRATE COURT - CRIMINAL DIVISION

Do I need a full name and address for the person I'm trying to prosecute through my warrant application?

Yes.

Is there a fee for a warrant application?

Yes, there is a $10.00 fee for all applications but not child support, domestic violence, a sexual attack or stalking.

How old must a person be in order to swear out an application or warrant?

17 years of age.

Can someone come down to the Warrant Office and swear to an application on my behalf?

No.

How do I apply for an abandonment application?

* You and the child/children must live in Fulton County.
* The non-custodial parent must live in the State of Georgia..
* You must have a picture I.D.
* It must be at least 30 days since you received financial support from the non-custodial parent.
* You must have the correct address for the non-custodial parent.
* There is no charge for the abandonment application.

What is the Criminal Warrants Division's address?

Magistrate Court of Fulton County
160 Pryor St., S.W.
Room J-135
Atlanta, Georgia 30303

MAGISTRATE COURT - TRAFFIC DIVISION

I received a citation and I need to pay it. Whom do I pay and where do I pay it?

Get a money order, cashier's check or company check ( no personal checks) for the specified fine amount. Copy the citation, keep the original and mail the copy along with the money order, company check or cashier's check to:

Traffic Violations Bureau
Room TG 600
185 Central Ave., S.W.
Atlanta, Georgia 30303

You can also pay in person using cash, money orders, cashier's checks, company checks. No personal checks are accepted. You can pay in person at the address above or at the North Annex, 7741 Roswell Road, or the South Annex at 5600 Stonewall Tell Road.

Where do I attend court?

Your citation states where your hearing will be held.

I have a suspension on my driving record and I need to have it removed. What should I do?

Call the Department of Public Safety, which is the record keeper for suspended licenses, at 678-413-8400 or 678-413-8406. Ask for the following information:

* The name location and telephone number of the court that sent in the suspension.
* The citation number and citation date.
* Ask what information you will need from the court which you will need to provide to the Department of Public Safety.
* Call the court for the fine amount and any other information Department of Public Safety tells you to obtain.

I received an environmental citation. What steps should I take to resolve my citation?

All Marta Citations have a fine amount of $65.00. This $65.00 fine can be paid in the same manner as described above for traffic citations.

Animal Control cases are only resolved by you coming to court. Animal Control Court is held only at the 185 Central Avenue location in courtroom 4C.

Environmental Citations from the Department of Natural Resources, Fulton County Environmental, Department, Fulton County Business License Office or Fulton County Police are adjudicated at the North and South Annexes only. Contact the North Annex at 770-551-7640 or the South Annex at 770-306-3014 for fine amounts and court information.

STATE COURT- JURY CLERK

How can I be exempt from jury duty?

-- If you are 70 years of age or older, you can complete the age affidavit on the summons form to receive an exemption. (Please note that your signature must be notarized.)

-- If you are permanently physically or mentally disabled, your physician must complete the medical affidavit portion of the summons. You will be exempted once the summons is returned to our office.

-- If you are the primary caregiver having active care and custody of a child under four years of age, please call 404-730-5099 to request an exemption affidavit.

-- Full-time college students may request an exemption affidavit by calling 404-730-5099.

How do I submit a postponement request?

Postponement requests must be submitted in writing to the Office of the Jury Clerk, Fulton County State Court, 185 Central Avenue, S. W., Room T-7100, Atlanta, Georgia, 30303. This request must be received ten (10) days prior to the service date. Only one postponement request will be considered and is granted at the discretion of the court. You will be notified of the Court's decision by mail.

Is standby status information available prior to 5:00 p.m. the day before my jury service date?

No, the Court can confirm jury requests until 4:30 p.m. of the day prior to your service date. At that time a determination is made as to which groups must report for service. Once the decision is made, the recording is updated.

Are cell phones and laptops permitted in the assembly room?

Laptops are permitted in the assembly room, but, electrical outlets are limited. We ask that jurors who need to use cell phones step outside of the Jury Assembly Room to avoid annoying fellow jurors.

May I serve jury duty if I am no longer a resident of Fulton County?

No, you must be a current resident of Fulton County in order to serve jury duty. Please submit proof of your permanent residence by mail to the Office of the Jury Clerk, Fulton County State Court, 185 Central Avenue, S.W., Room T-7100, Atlanta, Georgia, 30303. A copy of your driver's license, voter registration card, signed tag receipt, or a utility bill reflecting your name and address is acceptable as proof of your new residence.