A Magistrate Court complaint is a very basic legal document. Car accident cases are very basic at their core. Thus, many cases with lower damages and medical bills are served well by the Magistrate Courts. In any personal injury case, your complaint can and will be used against you at trial.
Therefore, it is best to give a short and concise statement of the facts, rather than an exhaustive and detailed account of all the events. This “notice complaint” is allowed as the “Georgia Civil Practice Act requires only notice pleading and... pleadings are to be construed liberally and reasonably to achieve substantial justice...” Islam v. Wells Fargo Bank, N.A. et al., Georgia Court of Appeals (No. A13A2373) 2014.
WHERE TO FILE?
A personal injury lawsuit must be filed in the county where the Defendant (i.e., the at-fault driver or corporation) lives or the registered agent is located. If a Defendant is an unincorporated business, the lawsuit must be filed in the county where the business is physically located.
HOW TO FILE?
Most Magistrate Courts in Georgia use an electronic filing system. However, some Magistrate Courts still require lawsuit to be physically signed and delivered to the courthouse for processing. It is best practice to call the local Clerk of Court to confirm the best way to deliver a lawsuit, as well as confirm the court’s filing fees.
ELEMENTS OF A MAGISTRATE COURT COMPLAINT
Name of the Court
Preamble listing the parties of the lawsuit
Statement of Jurisdiction and Facts
Notice and Summons
Magistrate Court of Hall County, GEORGIA
DATE FILED: _________ STATEMENT OF CLAIM CASE NO. _________
1618 Elk Creek Road
Peachtree City, GA 30269
4970 Kuhl Avenue Apartment 34J
Gainesville, GA 30501
1. The Court has jurisdiction over the Defendant(s) as the Defendant(s) is/are a resident(s) of Hall County;
2. Plaintiff(s) claims the Defendant(s) is/are indebted to the Plaintiff(s) as follows: On June 5, 2021, Plaintiff and Defendant were involved in a motor vehicle collision at or near the intersection of 14th Steet NE and Peachtree Street NE in Atlanta, Georgia. The motor vehicle collision was proximately caused by Defendant’s negligence. Defendant’s negligence includes failure to operate their vehicle in a safe and lawful manner and (insert actual negligence [i.e., following too closely, failure to yield, etc.]). As a direct and proximate result of Defendant’s negligence, Plaintiff incurred medical expenses in excess of $5,428.13; lost wages in excess of $1,250.00; and suffered pain and suffering to be proven at trial. Plaintiff demands a verdict of $15,000 plus...
For more resources and sample documents, explore our comprehensive library, which includes our popular Sample Auto Accident Complaint for Magistrate Court.
We hope our Template proves to be a valuable asset in your personal injury practice. If you have any questions or need additional support, don't hesitate to reach out to our experienced team at Georgia Trial Attorneys. Together, we can deliver the best possible outcomes for our clients while upholding the highest standards of personal injury law.