The Magistrate Court of DeKalb County, Georgia English | Español       556 N. McDonough Street, DeKalb County Courthouse Decatur, GA 30030-3356 SEARCH SITE:

	Watch the following videos to learn more about The Magistrate Court. (If you're looking for the FAQs, please click here to jump to them on this page) More Videos:

	Click the topic you want to learn more about from the list below. For convenience, we have broken the FAQs out into categories: Civil Matters & Small Claims, Dispossessories, Criminal Matters, Abandoned Motor Vehicles, Garnishments If you don't see the topic listed below, please contact the DeKalb Magistrate Court Clerk's Office at 404-371-2261. Legal Waiver: The following "Questions and Answers" are not a substitute for the advice of an attorney. DeKalb County State and Magistrate Clerks do not practice law, and the employees of State and Magistrate Courts cannot act as your attorney. The State and Magistrate Clerks cannot provide legal advice and are not permitted to engage in the practice of law. The Clerk's Office is prohibited from providing any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Civil Matters & Small Claims What do I have to do to file a lawsuit in Magistrate Court? What kinds of cases does the Magistrate Court handle? Are there certain kinds of cases that I cannot file in Magistrate Court? How much does it cost to file a lawsuit? Can I reduce my claim to $15,000 and file it in Magistrate Court? What does service involve? Will the Court find the defendant for me? Do I have to have an attorney in Magistrate Court? How do I decide where I should file my claim? If I file my case in this court in error, will I get a refund of the fees that I paid? I have been served with a complaint. What do I have to do now? May I send my answer in the mail? Will the Court send a copy of my Answer to the plaintiff? Is there a fee to file an answer? If I have a claim against the plaintiff may I include it with my answer? The thirty (30) day period for the filing of answer has expired. What happens now? When the defendant files an answer, what happens next? May I re-schedule a court date? How do I issue a subpoena to require the attendance of witnesses or to get certain documents to the Court? What will happen in court when my case is heard? The defendant was served, but has not filed an answer. How do I get a default judgment? I have a judgment against the defendant, what do I do to collect on it? Does the Court report judgments to credit reporting agencies like Equifax and Trans Union? top of page Dispossessories Do I need to hire an attorney? What do I need to have to file a dispossessory warrant? What is a demand? What is a writ of possession? How do I get my writ of possession? If I am not the owner can I file a dispossessory warrant or come to court for the owner? May I use this process to evict a spouse? How long does it take to get someone out of my home? I do not know the names of the people who are living in my property. How can I proceed? How is a dispossessory warrant served? May I have the tenant served at work? What happens after the defendant has been served? May I mail my answer in? How long do I have to file an answer to a dispossessory warrant? What happens if a defendant does not file an answer to the dispossessory warrant? I received the warrant and tried to pay my rent. Why won't the landlord take my rent? May I pay my rent into court? Is there a charge to file an answer to a dispossessory warrant? May someone else file an answer on my behalf? I have made arrangements with defendant for them to pay the rent. Do I/we still need to come to court? I have paid the past due rent to my landlord, do I still need to come to court? What happens if I file my answer late, i.e. after the answer date in the summons? Where do I pay off the judgment? Will the judgment appear on my credit report? When can I get my security deposit back? I work during the day - are dispossessory cases heard in the evenings? Can I withhold rent if my apartment needs repairs and the landlord has failed to make them? Can I remove the tenant before filing a dispossessory or immediately after I have filed it? How will the case be presented in court? Will an appeal stop an eviction from going forward? top of page Criminal Matters Will the Clerk's Office tell me if there is an outstanding warrant for my arrest? How do I apply for a criminal arrest warrant? How do I get my cash bond money? Where can I get a copy of a case disposition? How do I get my record expunged? Where can I get a police report? Why do I have to speak to a detective first? How do I know if the defendant has a bond? How do I drop the charges? Why do I have to come to court for an application hearing? Why won’t the judge issue the warrant now? I'm the victim. Why do I have to pay for a warrant? Do I need witnesses for my application hearing? top of page Abandoned Motor Vehicles When is a vehicle considered abandoned? How do I file a petition to foreclose on abandoned motor vehicle? How much does it cost to apply for an AMV lien? top of page Garnishments What is a judgment? What is a garnishment? How do I dispute a garnishment? What are the most common types of garnishment? In what circumstances can I file a garnishment in the Magistrate Court of DeKalb County? How do I serve the garnishee? How do I serve a defendant in a garnishment case? Can I file a garnishment as soon as I have received a judgment? Can I garnish social security or disability benefits? What is a Fi Fa and do I need one to file a garnishment? May I serve a summons of garnishment on a defendant's employer and his bank account at the same time? What information do I need to file a bank garnishment? I have been served with a summons of garnishment what should I do? Once the Court has received money from the garnishee, when will it be paid to me? top of page

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The Magistrate Court of DeKalb County, Georgia | 556 N. McDonough Street, Suite 270, DeKalb County Courthouse, Decatur, GA 30030-3356 | Phone: 404-371-2261
The Diversion Treatment Court of DeKalb County | 556 N. McDonough St. Room 1200D, DeKalb County Courthouse, DeKalb County Courthouse, Decatur, GA 30030 | Phone: 404-371-2241

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