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Article Structure

Common mistakes

  1. Incomplete Information: Many individuals forget to fill in all required fields. Missing details such as the plaintiff’s or defendant’s full name, address, or contact information can lead to delays or rejection of the form.

  2. Wrong Type of Suit: Selecting the incorrect type of suit can cause confusion. Ensure that you choose the option that best represents your claim, whether it’s an account, contract, tort, or another category.

  3. Incorrect Amounts: Entering wrong amounts for principal, interest, attorney fees, or costs is a common mistake. Double-check these figures to ensure accuracy, as they directly affect the claim.

  4. Not Signing the Form: A signature is necessary to validate the claim. Failing to sign can result in the form being deemed invalid, preventing your case from moving forward.

  5. Missing Notarization: If mailing your answer, it must be notarized. Many overlook this requirement, which can lead to complications in the processing of your claim.

  6. Ignoring Deadlines: It is crucial to be aware of the deadlines for filing your claim and serving the defendant. Missing these deadlines can result in losing your right to pursue the case.

  7. Failure to Provide Evidence: When attending the hearing, you must bring relevant evidence, such as documents or witnesses. Not preparing these materials can weaken your case significantly.

Essential Points on This Form

What is the purpose of the Georgia Statement Claim Fulton form?

The Georgia Statement Claim Fulton form is used to initiate a civil lawsuit in the Magistrate Court of Fulton County. It allows a plaintiff to formally present their claim against a defendant, detailing the nature of the dispute and the amounts owed. This form is essential for the court to establish jurisdiction and for the defendant to understand the claims being made against them.

Who can file a claim using this form?

Any individual or business entity that has a legal claim against another party residing in Fulton County can file a claim using this form. The plaintiff must provide accurate information about themselves and the defendant, including names, addresses, and the basis for the claim. It is crucial that the plaintiff ensures they have the right to pursue the claim before filing.

What types of claims can be filed with this form?

This form accommodates various types of claims, including accounts, contracts, notes, torts, trover actions, and personal injury claims. It is important for the plaintiff to select the appropriate type of suit that best represents their situation to ensure the court processes the claim correctly.

What information is required to complete the form?

The form requires the plaintiff to provide detailed information, including their name, address, and contact number, as well as the defendant’s information. Additionally, the plaintiff must specify the amount owed, including principal, interest, attorney fees, and costs. A clear statement of the claim must also be included to provide context for the court and the defendant.

What happens after the form is filed?

Once the form is filed with the court, a summons will be issued to the defendant. The defendant is then required to respond to the claim within thirty days. If they fail to do so, a default judgment may be entered against them, which could result in the plaintiff receiving the relief they seek without further court proceedings.

Can the defendant contest the claim?

Yes, the defendant can contest the claim by filing an answer with the court. This answer can be submitted in writing or orally in person. If the answer is mailed, it must be notarized. The court will then schedule a hearing, where both parties can present their evidence and arguments regarding the claim.

What should I bring to the hearing?

At the hearing, it is important to bring all relevant evidence, including witnesses, documents, receipts, and any other materials that support your claim or defense. Failing to appear at the hearing may result in a judgment being entered against you, so preparation is key to presenting your case effectively.

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Georgia Statement Claim Fulton Sample

MAGISTRATE COURT OF FULTON COUNTY

185 Central Ave., S. W., Suite TG100, Atlanta, GA 30303

_________________________________________

_________________________________________

_________________________________________

Plaintiff: Name, Street Address, City/State, Zip Code

Telephone Number: (

) _____________________________

versus

 

DO NOT WRITE IN THIS SPACE

_________________________________________

_______________________________________

_________________________________________

_______________________________________

_________________________________________

_______________________________________

_________________________________________

_______________________________________

Defendant: Name, Street Address, City/State, Zip Code

 

Plaintiff’s Attorney: Name/Address/Zip Code/Phone No.

 

 

 

 

 

 

 

 

 

 

 

 

STATEMENT OF CLAIM

 

 

Type of Suit: G Account

G Contract

G Note

G Tort

G Trover

G Personal Injury

1.Defendant named resides in Fulton County and is subject to the jurisdiction of this Court.

2.Defendant is indebted to Plaintiff in the sums of $ ____________, principal, $ ____________, interest,

____________ attorney fees and $ ____________ costs to date as follows:

(State your claim here) _________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

3. WHEREFORE, Plaintiff demands judgment against Defendant in the amounts as alleged in paragraph 2 herein.

STATE OF GEORGIA, FULTON COUNTY:

After being duly sworn on oath, says the foregoing is a just and true statement of the amounts owing by Defendant to Plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn to and subscribed before me, this

________________________________________________

_________________________, _________.

Plaintiff’s Signature

___________________________________

 

Deputy Clerk or Notary Public

 

 

 

 

SUMMONS

TO THE ABOVE-NAMED DEFENDANT:

You are hereby required to file with the Clerk of said Court and to serve a copy on Plaintiff or Plaintiff’s Attorney, an answer to the complaint which is herewith served on you, within thirty (30) days after service on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint, plus cost of this action.

Your answer may be filed in writing or may be given orally (in person) to the Court. If you mail in your answer it must be notarized. Upon receipt of your answer a hearing date will be set and you will be notified by mail. At said hearing, bring your witnesses, books, receipts or other writings bearing on your claim or defense. Failure to appear at the time of hearing my result in judgment being entered against you.

SERVED: ________________________, _______.

_________________________________________ Deputy Clerk

_________________________________________

 

 

 

 

You may file an answer at one of these locations:

 

 

 

 

Deputy Marshal

 

185 Central Avenue, S.W., Room TG100

 

 

 

North Annex: 7741 Roswell Road, Room 231

 

 

 

South Annex: 5600 Stonewall-Tell Road, Room 213

 

 

 

 

 

Key takeaways

Filling out and using the Georgia Statement Claim Fulton form requires careful attention to detail. Here are six key takeaways to consider:

  • Complete Information: Ensure that all sections of the form are filled out completely. This includes the names, addresses, and contact information for both the plaintiff and defendant.
  • Type of Suit: Clearly indicate the type of suit being filed. Options include account, contract, note, tort, trover, or personal injury.
  • Claim Amounts: Specify the amounts owed by the defendant, including principal, interest, attorney fees, and costs. This information should be detailed and accurate.
  • Sworn Statement: The plaintiff must sign the form in front of a notary public or deputy clerk to validate the claims made. This step is crucial for the form’s legitimacy.
  • Responding to Summons: The defendant has 30 days to respond to the complaint. Failure to do so may result in a default judgment against them.
  • Preparation for Hearing: If a hearing is scheduled, both parties should gather relevant documents and witnesses to support their claims or defenses.

Document Characteristics

Fact Name Description
Jurisdiction The Magistrate Court of Fulton County has jurisdiction over cases involving defendants residing in Fulton County.
Types of Suit The form accommodates various types of suits, including account, contract, note, tort, trover, and personal injury claims.
Debt Specification Plaintiffs must specify the amounts owed by the defendant, including principal, interest, attorney fees, and costs.
Filing Deadline Defendants must file an answer within thirty (30) days of being served, excluding the day of service.
Default Judgment If a defendant fails to respond within the specified time, a default judgment may be entered against them.
Notarization Requirement Any written answer mailed to the court must be notarized to be considered valid.
Hearing Notification Upon receiving the defendant's answer, the court will set a hearing date and notify the defendant by mail.
Evidence Presentation Defendants are encouraged to bring witnesses and relevant documents to the hearing to support their case.
Governing Law The governing law for the Statement of Claim in Fulton County is found in the Official Code of Georgia Annotated (O.C.G.A.) Title 15, Chapter 10.