Small Claims Court in Henry County
In Henry County, GA small claims cases are typically filed in the Magistrate Court. Henry County has one Magistrate Courthouse that handles small claims, serving different jurisdictions.
Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Henry Court System.
Small Claims Court
The Magistrate Court of Henry County, often called Small Claims Court. It’s designed for everyday people to resolve common legal issues quickly, affordably, and often without needing a lawyer.
What Does Small Claims Court Handle?
This court is perfect for resolving common disputes like:
- Landlord-tenant disagreements
- Personal injury or accident claims
- Lost, stolen, or damaged property
- Unpaid loans or debts
- Issues with home repairs or auto work
- Problems with faulty products or services
- Broken verbal or written agreements
What to Include in Your Statement of Claim:
- Your full name, address, and phone number
- The full name and address of the person or business you’re suing
- The amount you’re seeking
- A short explanation of what happened, including key dates
- Copies of any supporting documents (keep the originals)
The court clerk can provide forms and help you file—but they cannot offer legal advice.
Where Do You File?
You must file in the correct county:
- Individual Defendant File where the person lives
- Corporation File where their registered agent is located (check the Georgia Secretary of State’s site)
- Unincorporated business File where the business is physically located
Filing & Service Fees
- Filing Fee: $60 (plus $8 for each additional defendant)
- Service Fee: $50 per defendant if served by the Marshal, or use a private process server
Important: If you're using the Marshal for service, make sure the defendant lives in Fulton County—they won’t refund the fee otherwise.
After You File
The Defendant’s Responsibilities:
- Must file an Answer within 30 days
- If late, they get an extra 15 days but must pay court costs
- Can file a Counterclaim (if it’s related and under $15,000)
If the defendant doesn’t respond within 45 days, you (the plaintiff) can file a Request for Default Judgment. Sometimes, the court may still schedule a hearing to confirm how much is owed.
What to Expect at the Hearing
Once the Answer is filed, the court will set a date for a hearing. At the hearing:
- Both sides present their side of the story
- You can bring witnesses, documents, photos, receipts, contracts, etc.
- Written statements are not accepted, witnesses should appear in person
- You can request a subpoena from the Clerk’s Office to make sure witnesses show up (fees apply)
Mediation Option
Before the hearing, the court may offer free mediation. A neutral third-party helps you try to settle the matter without going before a judge. If it doesn’t work, you’ll continue the hearing.
Types of Court Judgments
- Liquidated Damages (clear amounts like unpaid bills):
The judge may rule based on documents alone.
- Unliquidated Damages (less exact, like pain and suffering):
A hearing is usually required so both sides can be heard.
If You Win: Enforcing the Judgment
The court doesn’t collect money for you, but you can take steps to get paid:
- Garnish wages or bank accounts
- File a lien on the defendant’s property
- Seize and sell property with court approval (Writ of Fi. Fa.)
Will It Affect the Defendant’s Credit
- The court doesn’t report judgments to credit agencies
- But judgments are public records, so credit bureaus may still find and report them
- A judgment can stay on a credit report for up to 7 years
- It remains in the public court record indefinitely
Courthouse Locations:
44 John Frank Ward Blvd
Suite 260
McDonough, GA 30253
770-288-7700
https://www.henrycountyga.gov/173/Magistrate-Court
BUILDING HOURS
- Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.
CITIES SERVED
- Stockbridge
- McDonough
- Locust Grove
- Hampton
- Heron Bay
- East Griffin
Let Squabble Help You With Your Small Claim at Henry County
Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Henry County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.