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On the 31st day after service, the case goes into default. However, the defendant has an additional 15 days to open the default by filing a late answer and paying all court costs along with the answer. While you may file an answer beyond the 45th day following service, such answer may be a legal nullity and void. You protect your rights by timely filing an answer with the clerk of court.
If you are also contending that the plaintiff actually owes you money, you should file a counterclaim against the plaintiff at the time you file your answer against the claim the plaintiff has filed against you.
If your case is appealed, it will be transferred to the Superior Court of Murray County. When a case is transferred pursuant to an appeal, the case will be assigned a new case number and will be scheduled for a new trial. You will receive notice from the Superior Court as to when your new trial will be held.
A Statement of Claim Form is available at the Magistrate Court clerk's office. Your claim must set forth the facts, which form the basis of your suit. You do not have to recite all of the evidence that you intend to produce at trial, but you should provide enough information so that the defendant will know what he or she is being sued for. If you have documents that support your case, you should attach those documents to the Statement of Claim (for instance, attach invoices, statements of account, contracts, work orders, etc.).
The cost to file a civil claim with the Murray County Magistrate Court is $97.00 for the filing fee.
Murray County Probate Court handles death and birth certificates, marriage licenses or certificates, and traffic violations. Contact Probate Court at (706) 695-3812.
Restraining orders must be done by an attorney.