CLAY COUNTY BOARD
OF
COMMISSIONERS

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:

$100.00 - 1 One Defendant, $50.00 for each additional defendant 
$29.00 - FiFa (includes recording costs in Superior Court) 
$50.00 - Writ of Possession