This is a multi-state form covering the subject matter of the title.
Trial On Demand In Fulton
Category:
State:
Multi-State
County:
Fulton
Control #:
US-000291
Format:
Word;
Rich Text
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FAQ
If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.
As the industry-leading electronic filing solution for courts, Odyssey® eFileGA allows users to easily open court cases and e-file documents from a single website to a number of Georgia courts anytime and from anywhere — 24 hours a day, seven days a week, 365 days a year.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
You can file a claim for which you are seeking $15,000 or less. If your claim exceeds $15,000 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, Superior Court.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to a bond. If prosecutors fail to meet this deadline, an accused person may file a motion for bond and the Court MUST grant them a bond.
The grounds for the motion are that the final judgment is inconsistent with the evidence presented during the trial and contrary to laws governing the issues contested in the trial.
The right to a speedy trial is a fundamental aspect of the criminal justice system. In Georgia, this right is enshrined in both the state's constitution and statutory law. It ensures that an accused individual does not face an unreasonable delay between the filing of charges and the trial.
Georgia law states that defendants held in custody must be indicted within90 days. If they aren't, they're automatically owed bond. Georgia Code § 17-7-50 requires a grand jury hearing for arrested defendants without bail who spend more than 90 days in jail awaiting further proceedings.
The federal Speedy Trial Act provides some instruction for federal cases. For example, it requires formal charges to be brought within 30 days of an arrest. One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent.