Documente Academic
Documente Profesional
Documente Cultură
The procedures for filing a complaint are the same for a pro se litigant as for one who is represented by an attorney. The complaint should be
written, filed and date stamped by the Clerk of Court, and a copy of the complaint must be provided to the defendant. Some complaints are
required to be verified (sworn to under oath) such as domestic and probate court cases. Notice of the complaint/petition may be served on the
defendant by one of the following types of process servers: the sheriff or marshal, an authorized private process server, by publication or by a
letter requesting a waiver of service by the defendant. A pro se litigant should consult the statutes to determine the proper mode of service.
Back to Top
7. Do I file my case in the county of which the opposing party resides or in my county?
In most cases, you must file your complaint in the county in which the opposing party resides. However, you are responsible for determining the
proper venue or county in which to file your case. You will need to research the state law to determine the proper county in which to file your
case.
Back to Top
8. What do I have to do to serve an opposing party with a complaint or petition?
If a defendant does not waive service, then the Sheriff or Marshal or a private process server approved by the Court will attempt to serve your
complaint on the defendant. You must provide a stamped copy of the filed complaint to the Sheriff, Marshal, or private process server along with
an entry of service form. This paperwork should provide the server the name of the person to be served and the address where service should
be delivered. You must pay the applicable fee for service. There is also a process for asking the opposing party to waive service found in the
Official Code of Georgia Annotated 9-11-4 (d and l). If as a defendant you fail to respond to this waiver request you may have to pay the costs of
service.
Back to Top
9. Does the Sheriff serve a complaint or petition to the opposing party or can I serve them myself?
Only the Sheriff or a duly authorized private server may serve a complaint. On the other hand, a party may request (in writing) the defendant to
waive service.
Back to Top
10. How long will it take the Sheriff's Department to serve the opposing party with a petition?
The time required to complete service will depend upon many factors, including the ease or difficulty of locating the opposing party. The better
information you can provide the server about the location of the opposing party, the quicker service will be accomplished. The Georgia Code
generally states that the Sheriff should make an attempt to serve the complaint within five days of receipt of the copy of the complaint and
service form.
Back to Top
11. How do I get the defendant served if he/she does not reside in my county?
The Clerk of Court can provide you with a stamped copy of the filed complaint which can then be served by the Sheriff or Marshal or by a
process server which has been authorized by the court of the county where the defendant resides. You must provide the server with the proper
legal documents and service fee.
Back to Top
12. Why does the opposing party need notice of the case?
All persons are entitled to due process of law which includes notice of all legal proceedings affecting their legal rights.
Back to Top
13. What happens if the opposing party is not served with a petition?
The other party must either waive service by notification or be served with a complaint or petition before a case can proceed. If you are unable
to obtain either service or waiver of service by the opposing party, your case may be dismissed without prejudice. A dismissal without prejudice
does not prohibit the plaintiff from re-filing the claim and proceeding as long as the claim is made timely (within the statute of limitations) and
service can be secured.
Back to Top
14. Does my case have to be published in the paper?
In most instances, civil case filing and disposition information is not confidential and is open to the public and media. In some cases, the media
publishes information from the court files. There are also certain instances where there are requirements for publishing notices in the paper.
Two examples are: in estate cases, publication may be required to notify potential heirs of the estate or creditors of the deceased ; in divorce
cases where a defendant's location is unknown, notice of the filed petition may be given by publication. Some courts also publish their trial
calendars ( a notice of the cases in which a hearing or trial is scheduled) in the paper to ensure that all interested parties are notified.
Back to Top
15. I have been served with a complaint. What do I have to do to answer the complaint?
You must file a written answer to the complaint denying, in part or in whole, the claims made by the plaintiff and set forth a legal defense. If you,
the defendant, fail to respond or if the response is not received by the court before the due date, you may automatically lose the case without
receiving the opportunity to present your case in court. The court may enter a default judgment (judgment entered against a party who has
failed to answer or defend against a claim that has been brought by another party) against you, which the plaintiff can enforce by court order.
Your property may be sold or wages garnished (set aside) to pay the judgment.
Back to Top
16. What is an answer?
An answer is your response to the complaint or petition filed by the plaintiff. It sets forth your position on the claims made by the plaintiff and
allows you to deny the claims.
Back to Top
17. How do I file an answer?
Your answer must be in writing and filed with the Clerk of Court within the time permitted by law. Usually, if the complaint was required to be
verified (sworn to under oath), the answer must also be verified. You may need to research the time limitations on filing an answer with the court
at your local county law library. A filed, stamped copy must then be provided or served on the opposing party.
Back to Top
18. What happens if I do not file an answer?
Normally, when people do not file an answer, the Court will enter a judgment against you by a default judgment (a judgment entered against a
defendant who has failed to defend the plaintiff's claims), and you will lose the case without being heard by the Court. The court's order may
require you to pay the amount of the claim to the plaintiff.
Back to Top
19. Do I have to mail my answers to the attorney of the opposing party, to the Court, or both?
You must file your answer with the Clerk of the Court either by mail or personal delivery and mail a copy to the attorney of the opposing party. If
you file your answer with the court by mail you run the risk of any misdelivery by the postal service. Remember, if you, the defendant, fail to
respond or if the response is not received by the court before the due date, you may automatically lose the case without presenting your case to
the Court.
Back to Top
20. Do I have to pay the court filing fee again if my paperwork is done incorrectly?
Some errors may not result in the need to re-file your case and therefore, no additional fee would be required. On the other hand, if for any
reason you have to re-file your case with the Court, you will be responsible for paying a new filing fee.
Back to Top
21. Do I need to hire an attorney?
The decision to hire an attorney is up to the individual. By law, all Georgia citizens are entitled to represent themselves in court. However, the
procedures in court can be complicated and pro se litigants frequently lose cases because they do not understand courtroom procedures. The
advice or representation of an attorney would probably be useful and could make the difference between winning and losing a case.
(Note: A corporation must be represented by an attorney in all trial courts other than Magistrate Court.)
Back to Top
22. Can I call the attorney of the opposing party who filed this suit against me?
Yes, but contacting the attorney of the opposing party does not substitute for a written answer to the complaint. If a party is represented by an
attorney, you should not contact the party directly, but instead speak with the party's legal representative.
Back to Top
23. What legal resources are offered to those who cannot afford an attorney?
In civil litigation cases, some people may qualify for free or reduced legal assistance from organizations such as the Atlanta Legal Aid, Georgia
Legal Services, or a local Pro Bono Project, or LegalAid-GA. LegalAid-GA is a joint project of the Atlanta Legal Aid Society and the Georgia
Legal Services Program. . Telephone numbers for Atlanta Legal Aid and Georgia Legal Services are: (404) 669-0233
(404) 206-5175
(404) 669-0233;
(404) 206-5175. Qualifications to receive legal services from these organizations are based on income and the type of case
involved. Pro Bono services can be reached by contacting the State Bar of Georgia at: (404) 527-8700
(404) 527-8700. Further, some
local courts keep a list of local attorneys and their fee information which are available from the clerk of court's office. Also, anyone may use the
resources available in a law school library, county law library or public library to find adequate representation.
Back to Top
24. What can I do if I cannot afford to pay court costs?
You can apply to file your case in forma pauperis (an affidavit made by an indigent person seeking free public assistance) to have the court
costs waived. This requires completion of a financial affidavit.
Back to Top
25. I cannot afford an attorney and the legal aid office will not help me. What should I do?
You have the legal right to represent yourself in a legal proceeding or try to find an inexpensive attorney who will take your case. You may
obtain from some of the clerks of court lists of attorneys who will provide services based on a sliding scale related to your income.
Back to Top
26. If I do not know what court document(s) I need to fill out, who do I ask for help?
The Court can not assist you or any other party in the presentation of your case, including the review of documents to be filed. If you are unsure
of how to present your case or what court document(s) to file, you should seek the assistance of an attorney. The Court employees may not
provide any party with legal advice. On the other hand, the clerk may provide you limited information about filing your case. For instance, in
Magistrate court, the judge or clerk can assist you by recording your oral answer to the plaintiff's complaint.
Back to Top
27. What is a motion?
A motion is a formal request by a party to have the Court rule on one or more of the issues involved in a case. The opposing party must be
served with a copy of the motion and given notice of any hearing to be held on the issue. Most motions (except in magistrate court) require you
to file a written response within thirty (30) days unless the judge sets a different deadline. If you receive notice of a hearing scheduled to be
held, you must appear in court and be ready to present your response to the motion. The judge will generally make a decision about the issue
in writing or after a hearing for that purpose.
Back to Top
28. How does a case get on the court calendar?
This procedure may vary based upon local courts' practice or custom. In some courts, cases are placed on a trial calendar within a specific time
set by statute. In other courts, cases are scheduled for trial within a ceratin amount of time following the filing of an answer. Still other courts will
schedule cases on the court calendar following a request by one or more of the parties for scheduling on the court calendar. Be aware of how
your case will be scheduled by asking the Clerk of Court in which your case is filed.
Back to Top
29. How much notice does the opposing party need to appear in court?
The Court will notify all involved parties of dates and times of court appearances.
Back to Top
30. How long does it take to have a hearing scheduled?
This will vary based upon many factors. In no case will a hearing be scheduled before the opposing party has received notice of the case. In
most cases, the opposing party will have a certain amount of time to file an answer before the hearing will be scheduled. Another factor is the
number and type of cases already on the judge's calendar and when there is time available to hold a hearing for your case.
Back to Top
31. Do I count calendar or business days?
In almost all cases, you count calendar days. However, if the last date upon which an action may be taken falls on a day that the court is not
open (weekend or legal holiday), you can take that action on the first day the court is open following that date.
Back to Top
32. How will I be contacted about the date of my (hearing, trial, divorce)?
You may receive a notice from the Court of the date and time you are required to appear in Court. This notice may be mailed by the Court, or in
some instances, by the opposing party. Some courts publish their trial calendars (a notice of the cases in which a hearing or trial is scheduled)
in a particular newspaper to ensure that all interested parties are notified, and you may not receive a mailed notice from the court. You should
ask the clerk how you will receive notice from the court.
Back to Top
33. Do I have to appear in court?
Failure to appear in Court may result in either the dismissal of your case if you are the plaintiff or a default judgment against you if you are the
defendant. The judge will decide your case based on the evidence presented during the hearing or trial. If you fail to appear and present
evidence, you run the risk of losing your case. If you have been ordered by the judge to appear in court, you must appear. The judge may
hold you in contempt of court for failure to appear, resulting in possible fines or imprisonment.
Back to Top
34. Do I need to bring witnesses to testify on my behalf?
If the case goes to trial, you are responsible for making sure that witnesses who are to testify on your behalf and other evidence you plan to
present, such as documents or audiotapes, are available for trial. You may obtain subpoenas from the court to compel witnesses to attend
court, provide documents, and other physical evidence for court.
Back to Top
35. What if I am unavailable to attend court on the specified day?
You may want to consult with the opposing party about whether or not a continuance is acceptable. If both parties agree on a continuance, then
let the judge's staff (calendar clerk or Clerk of Court) know as soon as possible that you have a conflict and a written motion will probably not be
required by the affected party. But if the opposing party objects to a continuance, a motion may have to be filed stating the circumstance of
needing the continuance. Whether a continuance is granted is within the discretion of the judge.
Back to Top
The practice of preparing a final order varies. In some cases, such as uncontested divorces, it is routine for the plaintiff to prepare the final
order. In other cases, the judge will either instruct one party to prepare the order or the judge will announce the judge's intention to prepare the
order. If you have questions about whether you should prepare an order, you should ask the judge at the time the judge rules on the case.
Back to Top
8. Can I get a divorce without going to the seminar for divorcing parents (if this applies to your county)?
Many of the superior courts require parties to attend the divorcing parents seminar. You should contact the judge's office in the county in which
the divorce action is filed to determine the requirements.
Back to Top
9. Who has to appear in court for the final divorce decree to be signed?
If all the paperwork is in order and the defendant has signed all required documents before the final decree is scheduled to be signed, only the
plaintiff (the person who filed the initial petition) must appear in court.
Back to Top
10. How long after filing for divorce do I have to wait before a decree will be granted?
A final decree of divorce may be granted no sooner than thirty-one days following the filing of the petition. The time may be longer if there are
issues that need to be resolved by the court.
Back to Top
11. When will the judge make a decision in my case if one was not made at the hearing?
There is no specific deadline for a judge to give a decision. In general, the judge tries to reach a decision as quickly as possible after the
conclusion of the hearing.
Back to Top
12. How long do I have to wait to get remarried?
You will have the legal authority to remarry after your divorce decree is final.
Back to Top
13. How do I get a copy of my divorce decree?
You may obtain a copy of your divorce decree from the Clerk of Superior Court in the county in which the divorce action was filed. Ordinarily
there will be a fee for a copy of the decree.
Back to Top
14. What is an annulment?
An annulment is a determination by the court that a marriage is void from the beginning. The length of a marriage is not an issue in an
annulment. The grounds for an annulment are stated in O.C.G.A. 19-4-1.
Back to Top
15. In what court are family violence cases filed?
Family violence cases are filed in Superior Court. The case must be filed in the county where the defendant resides.
Back to Top
16. How do I obtain a family violence restraining order?
A written petition for a restraining order must be filed in the superior court. If the defendant resides in the state of Georgia, the petition must be
filed in the county of the defendant's residence. Examples of petitions for such orders are available on the Georgia Legal Services web page
at www.glsp.org and on the Fulton Family Division web page at www.fultonfamilydivison.com. There are also many legal services available
around the state which can help you file your motion including Georgia Legal Services (GLS). You can also contact GLS at its headquarters by
telephone at (404) 206-5175
(404) 206-5175.
Back to Top
17. How do I file a restraining order if it is not family violence?
A written motion is required to be filed in the county of which the defendant resides. There are no standard forms for filing a restraining order.
You may want to do some research in your county law library on how to file a restraining order, consult with an attorney, or perhaps call the
Fulton County Law Information Center for guidance.
Back to Top
18. How do I get copies from an adoption file?
Adoption files are not open to the public. Adopted children, the siblings of adopted children, and the adoptive parents have limited rights to
information in the adoption file under very specific circumstances. This limited access is explained in O.C.G.A. 19-8-23.
Back to Top