Clay County Georgia Magistrate

    Chief Magistrate

Judy M. Cooper
Clay County Courthouse
210 South Washington Street
P O Box 73
Fort Gaines, GA 39851
    229.768.2841
    229.768.3047
Office Hours: 8:00 a.m. -4:30 p.m. Monday - Friday

Chief Magistrate's Role

Magistrate court jurisdiction includes: civil claims of $15,000 or less; certain minor criminal offenses; distress warrants and dispossessory writs; county ordinance violations; deposit account fraud (bad checks); preliminary hearings; and summonses, arrest and search warrants. A chief magistrate, who may be assisted by one or more magistrates, presides over each of Georgia’s 159 magistrate courts.

Magistrates may grant bail in cases where the setting of bail is not exclusively reserved to a judge of another court. No jury trials are held in magistrate court. If a defendant submits a written request for a jury trial, cases may be removed to superior or state court.

The court accepts filing for Statement of Claim, Foreclosure of Personal Property and Garnishment for $15,000 or less and Dispossessory actions.

The chief magistrate of each county assigns cases, sets court sessions, appoints other magistrates (with the consent of the superior court judges) and sets policy for the magistrate court. The number of magistrates in addition to the chief is usually set by majority vote of the county’s superior court judges.

Most chief magistrates are elected in partisan, countywide elections to four-year terms. The chief magistrate may be appointed, if so provided by local legislation. Terms for other magistrate judges run concurrently with that of the chief magistrate who appointed them.

To qualify as a magistrate, an individual must reside in the county for at least one year preceding his or her term of office, be 25 years of age, and have a high school diploma or its equivalent. A magistrate court judge may also serve as a judge of another limited jurisdiction court in the same county.

FILING INFORMATION:

All documents must be typed. Hand written documents will not be accepted. Documents must contain the defendant's physical address. Send a stamped, self-addressed envelope. A notice will be mailed of the defendant's date of service and last day to file an Answer.

FILING FEES:

$95.00 - 1 One Defendant, $50.00 for each additional defendant
$9.00 - FiFa (includes recording costs in Superior Court)
$50.00 - Writ of Possession

Forms: (Click to open - Uses free Adobe Acrobat)

Statement of Claim Form

Request for Default Judgment and FiFa

Affidavit of Continuing Garnishment- 2 Pages (Make a front-to-back copy for filing)

Affidavit for Foreclosure of Personal Property

Dispossessory - 2 pages (Make a front-to-back copy for filing)

Application for Writ of Possession & Default Judgment

Request for Dismissal