County of building: Bartow County
Location of building: W. Cherokee Ave & Erwin St., Cartersville
Built: 1904-1905
PHone: 770-387-5070
Fax: 770-387-5073
Jurisdiction: Civil Actions under $15,000, Eviction, Small Claims, Misdemeanors, Ordinances
"The Council of Magistrate Court Judges was created by statute to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates, magistrates, and senior magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates, magistrates, and senior magistrates.
"The 1983 Constitution of the State of Georgia provided for a uniform magistrate court system throughout the State to replace what was formally known as justice of the peace courts and small claims courts. These newly formed Magistrate Courts were created to be more informal in nature than the higher courts and to allow ordinary citizens to represent themselves without the help of an attorney. Since these Magistrate Courts provided so much greater access to our legal system, they became commonly referred to as the "People's Court." Most judges who serve in Magistrate Courts do not hold a law degree.
"Both individuals and businesses can be sued in the Magistrate Court. In 1999, due to the success and efficiency of this court, the limit for monetary damages that can be filed was increased from $5,000.00 to $15,000.00. This change reflected the needs of our population and allowed many more people to file their actions in Magistrate Court, rather than appearing with an attorney in State or Superior Court.
"The Magistrate Court is authorized to hear a variety of civil cases, as long as the claim does not exceed the $15,000.00 limit, including suits on accounts or contracts where a debtor has failed to pay a debt, damages or personal injury claims involving accidents or wrongful conduct, failure to perform on written contracts, personal property foreclosures, garnishments, levies on property to satisfy a judgment and abandoned motor vehicle. Landlord-tenant cases, referred to as dispossessory actions and in some cases distress warrants, are filed against individuals or corporations who remain on a property without the right to do so. These landlord-tenant actions are usually filed for non-payment of rent. Dispossessory actions represent an exception in Magistrate Court where the jurisdictional limit of $15,000.00 does not apply.
"Magistrate Courts also have the authority to issue criminal arrest warrants for both felony and misdemeanor offenses; and upon the sworn testimony of a law enforcement officer, are authorized to issue search warrants. They are empowered to issue good behavior warrants to insure that a person's conduct will not cause another individual emotional or physical harm. This court also serves to hold First Appearance Hearings, Preliminary Hearings and Waivers of Extradition Hearings which are conducted after an arrest. The Magistrate Court also has the jurisdiction to hold trials for defendants charged with violating county ordinances and certain misdemeanor offenses, such as deposit account fraud, shoplifting, possession of marijuana, trespassing and alcohol offenses by persons under 21.
"Magistrate courts cannot try individuals charged with a felony or with certain misdemeanor offenses. The Magistrate Court does not have jurisdiction over restraining orders, divorce cases; child custody, child visitation and support cases; cases involving real estate, mental incompetence commitments and equity actions, which involve the rights of parties and seek to direct a person to perform a certain act or to refrain from doing an act.
"As with the other courts, the Statute of Limitations applies to cases filed in Magistrate Court. In civil cases, the statute of limitations on open accounts, property damage and oral contracts is 4 years; for simple contracts the statute is 6 years, for a contract under seal it is 20 years, for personal injury suits, 2 years, and for misdemeanors it is also two years. Felony cases differ from 4 years to no limitation depending on the crime." ~ Magistrate Court Judges Website