Civil Claims (Statement of Claim)

If you feel you’re owed debt or property, you can file a civil claim (technically known as a "statement of claim") in magistrate court—as long as the amount in dispute totals $15,000 or less, including any potential counterclaims by the defendant. (However, interest and court costs are not included in this limit.)

Authority of the Court

The magistrate court cannot issue an injunction or order that would make a party take action to "fix" something. The magistrate court has the authority to give a monetary judgement but does not have the authority to make a party repair items or return property.

Jurisdiction of the Court

The magistrate court hears cases of plaintiffs who file against defendants who also are residents of the same county. If you are filing against someone who lives in another county, you will not be able to file in Emanuel County. You will have to seek assistance from the county where the defendant lives.

Refiling or Transferring Cases

If you have already filed in the wrong county, the case can be transferred to the appropriate court. An order is signed by the judge to have the case transferred, but you will have to pay $50 to have the defendant served in the county to which it is being transferred.

Serving the Defendant

Service Times & Locations

Once a civil case has been filed, the task begins to serve the defendant. A defendant can be served at their residence or place of employment if it is in Emanuel County.

Possible Reasons for Delay

Service times vary because some defendants can be quickly served while others may take several months to serve. It is your responsibility as the plaintiff to provide an accurate address or location of service to the court.

Filing an Answer

Once the defendant is served, they have a total of 30 days to file an answer. That answering period can be extended by 15 days (for a total of 45) by paying a $104 fee. When they file their answer, a court date will be set and you be notified by mail.

Witnesses

If you have a witness who will come without a subpoena, you can bring that witness.

Purchasing Subpoenas

On the day of court, bring every piece of evidence you have that supports your claim. Subpoenas may be purchased once you receive your court date. Be mindful that the magistrate court cannot guarantee that subpoenas will be served if you wait too late before purchasing one. Subpoenas must be purchased 10 days prior to your hearing date.