Form of statement of claim, verification, and notice

The statement of claim, verification, and notice shall be in substantially the following form: Magistrate Court of County State of Georgia Plaintiff Address v. Defendant Statement of Claim (Here the plaintiff or, at his or her request, the court will insert a brief statement of the plaintiff’s claim or claims giving the defendant reasonable notice of the basis for each claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff’s claim which is to be filed with the court may be verified by the plaintiff or his or her agent as follows:) STATE OF GEORGIA COUNTY OF , being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Plaintiff or agent Sworn and subscribed before me this day of , . Notary public or attesting official 556 15-10-49 Notice TO: Defendant Home Address or Business Address You are hereby notified that has made a claim and is requesting judgment against you in the sum of dollars ($ ), as shown by the foregoing statement. The court will hold a hearing upon this claim at (address of court) at a time to be set after your answer is filed. YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. Magistrate of County History. — Code 1981, § 15-10-48, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1999, p. 81, § 15; Ga. L. 2008, p. 824, § 4/HB 958. 15-10-49. Procedure in attachment, garnishment, dispossessory, and distress warrant proceedings. (a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18, except that there shall be no prejudgment attachment granted in the magistrate court. 557 15-10-49 (b) Procedure in garnishment cases shall be subject to Chapter 4 of Title 18. (c) Procedure in dispossessory proceedings and in distress warrant proceedings shall be subject to Articles 3 and 4 of Chapter 7 of Title 44. History. — Code 1981, § 15-10-49, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1986, p. 701, § 5. 15-10-50. Interrogatories to judgment debtor; form; contempt; authorized discovery procedures. (a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed the jurisdictional amount for civil claims in magistrate court as provided in paragraph (5) of Code Section 15-10-2, the judgment creditor or his successor in interest when that interest appears of record, may, in addition to any other process or remedy provided by law, examine the judgment debtor by propounding the interrogatories specified in this Code section in the manner provided in this Code section. (b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court, the judgment creditor may, after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail or statutory overnight delivery. (c) Interrogatories propounded pursuant to a judgment entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court. (d) The interrogatories, verification, and notice shall be in substantially the following form: Magistrate Court of State of Georgia Plaintiff County Current Civil Action File No. Address 558 v. Original Civil Action File No. Defendant Court where original judgment entered: 15-10-50 Address INTERROGATORIES TO: , Defendant in the above-styled action: The Plaintiff in the above-styled action requests that you answer the following interrogatories separately, fully, and under oath and serve such answers on said plaintiff at plaintiff’s address shown above by mail or hand delivery within 30 days after the service of these interrogatories. 1. List your full name, home phone number, and address, including apartment number and ZIP Code. 2. List the name, address, and phone number of your employer(s). 3. Describe and state the location of each piece of real estate in which you own any interest. 4. Give the name, address, phone number, and a description of the nature of any business venture in which you own any interest. 5. List the names, addresses, and phone numbers of all persons who owe money to you and specify the amounts owed. 6. List the names and addresses of all banks or savings institutions where you have any sums of money deposited and identify the accounts by number. 7. List and give the present location of all items of personal property owned by you that have a value of more than $100.00. VERIFICATION STATE OF GEORGIA, COUNTY OF , being first duly sworn on oath, says the foregoing are true and complete answers to the interrogatories propounded by plaintiff to defendant. Sworn and subscribed before me, this day of , . 559 Notary public or attesting official 15-10-50 Defendant NOTICE YOU ARE REQUIRED TO PROVIDE COMPLETE ANSWERS TO THE ABOVE-STATED QUESTIONS TO THE PLAINTIFF WITHIN 30 DAYS AFTER SERVICE OF THESE INTERROGATORIES UPON YOU. IF YOU DO NOT ANSWER, OR DO NOT ANSWER COMPLETELY, YOU MAY BECOME SUBJECT TO THE SANCTIONS PROVIDED BY LAW FOR CONTEMPT OF COURT. IF YOU NEED FURTHER INSTRUCTION OR IF YOU NEED ASSISTANCE IN ANSWERING THE QUESTIONS CONTACT THE COURT AT ONCE. (e) The court in its discretion may limit the number of times interrogatories may be propounded upon a judgment debtor, may relieve a judgment debtor of the obligation to answer one or more propounded interrogatories, and may for good cause shown enlarge the time for answering any interrogatory. The court may if necessary compel the answering of interrogatories, but the sanction of contempt shall be applied only after notice and an opportunity for hearing and a showing of willful failure to answer or willful failure to answer fully and truthfully. (f ) An evasive or incomplete answer to an interrogatory shall be treated as a failure to answer. (g) Notwithstanding the provisions of Code Section 15-10-42, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69. History. — Code 1981, § 15-10-50, enacted by Ga. L. 1985, p. 1003, § 2; Ga. L. 1988, p. 267, § 1; Ga. L. 1990, p. 886, §§ 1, 2; Ga. L. 1996, p. 365, § 1; Ga. L. 1999, p. 81, § 15; Ga. L. 2000, p. 1589, § 3; Ga. L. 2008, p. 824, § 5/HB 958.