Gwinnett Court Calendar (2024)

FAQs

How do I respond to a civil lawsuit in Georgia? ›

Filing an answer

After receiving the summons, the defendant should respond to the plaintiff's claims. The response is called the answer. The answer is a legal document that is filed with the clerk of the court. In it, the defendant admits or denies the allegations made in the complaint.

Below is an overview of services provided. For more information on any of these areas, please visits our web site at Gwinnett Courts or call 770.822. 8100 or email courtinfo@gwinnettcounty.com.

All services require that you complete a Sheriff's Entry of Service form (3 part NCR Paper) which is available from any clerk of court within the Gwinnett County Judicial Circuit. It is very important that the block titled “Name and Address of Party to Be Served” is completed with the correct information.

The law requires a judgment creditor to file a "Satisfaction of Judgment" with the clerk of court upon receiving payment in full on an outstanding civil judgment. The judgment creditor is the one who is awarded money to be paid by the losing party. This may be the plaintiff or the defendant on a counterclaim.

If you don't have a motion filed by the Calendar Call date, it will likely be ruled “*ntimely” and dismissed. This can be devastating to your defense, especially if you had a good argument for a Motion to Suppress Evidence and Dismiss the Case.

Definition of Statute of Limitations in Georgia

Within the Georgia legal system, this time period varies depending on the type of case. In general, civil cases have a four-year time period while criminal cases have a two-year time period.

Yes, to appeal your 'civil' case you must file a Notice of Appeal with the Clerk of Magistrate Court within thirty (30) days of the entry of judgment by the Court. (Appeals from dispossessory cases have to be filed within seven (7) days and follow a different format.)

For answers to specific questions dealing with the Gwinnett Courts, email courtinfo@gwinnettcounty.com.

If you can't find the defendant or respondent to have them served, or you believe that they are trying to avoid service, you can ask the court for permission to use alternative service. You have to make a good effort to find them first (this is sometimes called "reasonable diligence").

What happens if you can't serve someone in Georgia? ›

Process Servers Can Give Papers to Someone Else

Again, one option when a process server is unable to serve someone is to leave them with another party. This must be an individual over the age of 18 who is able to understand why delivering the papers is important.

If the defendant is unwilling to pay, the plaintiff may: Place a lien on the defendant's property, giving the plaintiff the right to sell the defendant's property to collect the money award. The clerk of the court, when asked by the plaintiff, can place a lien on the defendant's property.

What kind of property is subject to a judgment lien under Georgia law? In Georgia, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

Generally speaking, money judgments in Georgia are collectable for seven years after they are entered by a court and can be renewed for additional seven year periods. Once seven years have elapsed without renewal of the judgment, the judgment becomes "dormant" and uncollectable.

Do judgments affect your credit score? Since judgments no longer appear on your credit report, they do not directly impact your credit score. However, financial choices and behaviors that lead to having a judgment on your report may indirectly affect your score.

You Can Lose By Default:

If you don't file a response 30 days after you were served, the Plaintiff can file a form called “Request for Default”. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.

After the claim has been filed, the magistrate court will serve (notify) the defendant with a copy of the claim and a summons to appear in court. The defendant has 30 days, in most cases, to give the court a written or oral answer to the claim.