About the Court
The Chief Magistrate of the Miller County Magistrate Court is Judge Joshua L. Suggs. The Magistrate Court is located in the Miller County Courthouse in Downtown Colquitt, Georgia. The Miller County Courthouse, as it is today, was built in 1977 after being replaced once and burning twice.
The 1983 Constitution of the State of Georgia provided for a uniform magistrate court system throughout the State to replace what was formally known as justice of the peace courts and small claims courts. These newly formed Magistrate Courts were created to be more informal in nature than the higher courts and to allow ordinary citizens to represent themselves without the help of an attorney. Since these Magistrate Courts provided so much greater access to our legal system, they became commonly referred to as the "People's Court." Most judges who serve in Magistrate Courts do not hold a law degree.
Both individuals and businesses can be sued in the Magistrate Court. In 1999, due to the success and efficiency of this court, the limit for monetary damages that can be filed was increased from $5,000.00 to $15,000.00. This change reflected the needs of our population and allowed many more people to file their actions in Magistrate Court, rather than appearing with an attorney in State or Superior Court.
Frequently Asked Questions
What kinds of cases are brought before the Magistrate Court?
The Magistrate Court is authorized to hear a variety of civil cases, as long as the claim does not exceed the $15,000.00 limit, including suits on accounts or contracts where a debtor has failed to pay a debt, damages or personal injury claims involving accidents or wrongful conduct, failure to perform on written contracts, personal property foreclosures, garnishments, levies on property to satisfy a judgment and abandoned motor vehicle. Landlord-tenant cases, referred to as dispossessory actions and in some cases distress warrants, are filed against individuals or corporations who remain on a property without the right to do so. These landlord-tenant actions are usually filed for non-payment of rent. Dispossessory actions represent an exception in Magistrate Court where the jurisdictional limit of $15,000.00 does not apply.
Magistrate Courts also have the authority to issue criminal arrest warrants for both felony and misdemeanor offenses; and upon the sworn testimony of a law enforcement officer, are authorized to issue search warrants. They are empowered to issue good behavior warrants to insure that a person's conduct will not cause another individual emotional or physical harm. This court also serves to hold First Appearance Hearings, Preliminary Hearings and Waivers of Extradition Hearings which are conducted after an arrest. The Magistrate Court also has the jurisdiction to hold trials for defendants charged with violating county ordinances and certain misdemeanor offenses, such as deposit account fraud, shoplifting, possession of marijuana, trespassing and alcohol offenses by persons under 21.
The Magistrate Court is authorized to hear a variety of civil cases, as long as the claim does not exceed the $15,000.00 limit, including suits on accounts or contracts where a debtor has failed to pay a debt, damages or personal injury claims involving accidents or wrongful conduct, failure to perform on written contracts, personal property foreclosures, garnishments, levies on property to satisfy a judgment and abandoned motor vehicle. Landlord-tenant cases, referred to as dispossessory actions and in some cases distress warrants, are filed against individuals or corporations who remain on a property without the right to do so. These landlord-tenant actions are usually filed for non-payment of rent. Dispossessory actions represent an exception in Magistrate Court where the jurisdictional limit of $15,000.00 does not apply.
Magistrate Courts also have the authority to issue criminal arrest warrants for both felony and misdemeanor offenses; and upon the sworn testimony of a law enforcement officer, are authorized to issue search warrants. They are empowered to issue good behavior warrants to insure that a person's conduct will not cause another individual emotional or physical harm. This court also serves to hold First Appearance Hearings, Preliminary Hearings and Waivers of Extradition Hearings which are conducted after an arrest. The Magistrate Court also has the jurisdiction to hold trials for defendants charged with violating county ordinances and certain misdemeanor offenses, such as deposit account fraud, shoplifting, possession of marijuana, trespassing and alcohol offenses by persons under 21.
What kinds of cases are not allowed in the Magistrate Court?
Magistrate courts cannot try individuals charged with a felony or with certain misdemeanor offenses. The Magistrate Court does not have jurisdiction over restraining orders, divorce cases; child custody, child visitation and support cases; cases involving real estate, mental incompetence commitments and equity actions, which involve the rights of parties and seek to direct a person to perform a certain act or to refrain from doing an act.
Limitations of the Court:
As with the other courts, the Statute of Limitations applies to cases filed in Magistrate Court. In civil cases, the statute of limitations on open accounts, property damage and oral contracts is 4 years; for simple contracts the statute is 6 years, for a contract under seal it is 20 years, for personal injury suits, 2 years, and for misdemeanors it is also two years. Felony cases differ from 4 years to no limitation depending on the crime.
Other considerations before bringing a case to the Magistrate Court:
Before filing a criminal or civil case in Magistrate Court, it is wise to consider whether you have sufficient evidence to win your case. If you don't have witnesses to testify on your behalf or if you lack physical evidence to support your claim, it may be difficult for you to win. Be prepared to bring all documents and evidence as well as anyone who can testify on your behalf to the court. A subpoena can be obtained to legally require your witnesses to appear in court. It is also worth considering whether a countersuit or counterclaim will be filed against you. A counterclaim is filed by the person being sued stating that you are in fact indebted to him or her, and that your claim should not be allowed. Finally, you should always consider whether filing a suit offers you the best option for resolving the dispute. It is often better for the parties to reach an agreement out-of-court when the issues are clear and both the plaintiff and defendant can agree upon a reasonable solution. Oftentimes, the process of mediation offers the best avenue for resolution. Parties meet with a qualified mediator who listens to both parties and suggests alternatives to lawsuits. Mediation often results in a solution that is better for all parties involved.
Magistrate courts cannot try individuals charged with a felony or with certain misdemeanor offenses. The Magistrate Court does not have jurisdiction over restraining orders, divorce cases; child custody, child visitation and support cases; cases involving real estate, mental incompetence commitments and equity actions, which involve the rights of parties and seek to direct a person to perform a certain act or to refrain from doing an act.
Limitations of the Court:
As with the other courts, the Statute of Limitations applies to cases filed in Magistrate Court. In civil cases, the statute of limitations on open accounts, property damage and oral contracts is 4 years; for simple contracts the statute is 6 years, for a contract under seal it is 20 years, for personal injury suits, 2 years, and for misdemeanors it is also two years. Felony cases differ from 4 years to no limitation depending on the crime.
Other considerations before bringing a case to the Magistrate Court:
Before filing a criminal or civil case in Magistrate Court, it is wise to consider whether you have sufficient evidence to win your case. If you don't have witnesses to testify on your behalf or if you lack physical evidence to support your claim, it may be difficult for you to win. Be prepared to bring all documents and evidence as well as anyone who can testify on your behalf to the court. A subpoena can be obtained to legally require your witnesses to appear in court. It is also worth considering whether a countersuit or counterclaim will be filed against you. A counterclaim is filed by the person being sued stating that you are in fact indebted to him or her, and that your claim should not be allowed. Finally, you should always consider whether filing a suit offers you the best option for resolving the dispute. It is often better for the parties to reach an agreement out-of-court when the issues are clear and both the plaintiff and defendant can agree upon a reasonable solution. Oftentimes, the process of mediation offers the best avenue for resolution. Parties meet with a qualified mediator who listens to both parties and suggests alternatives to lawsuits. Mediation often results in a solution that is better for all parties involved.
Should I be represented by a lawyer?
Persons appearing in court without a lawyer are called pro se litigants. In an effort to make the Magistrate Court user-friendly, hearings are usually conducted in an informal manner and the judge may intervene to ensure that the merits of the case are fairly presented. So if you feel comfortable speaking in front of people and are able to communicate your ideas well, you may decide that it's in your best interests to represent yourself.
There are, however, many good reasons to seek legal counsel. If you don't feel comfortable with the idea of presenting your own case, it may be best to consider hiring an attorney. Or perhaps you may decide that there is simply too much at stake to handle the case by yourself. Or the legal issues surrounding your case may be too complex for you to understand or too difficult for you to handle on your own. An attorney can advise you about the strengths and weaknesses of your case, handle the legal requirements and provide you with a large measure of comfort. There may also be times when there is simply no reason to represent yourself. For instance, if your case involves an insurance claim, you may be entitled to legal representation provided by your insurance company.
Persons appearing in court without a lawyer are called pro se litigants. In an effort to make the Magistrate Court user-friendly, hearings are usually conducted in an informal manner and the judge may intervene to ensure that the merits of the case are fairly presented. So if you feel comfortable speaking in front of people and are able to communicate your ideas well, you may decide that it's in your best interests to represent yourself.
There are, however, many good reasons to seek legal counsel. If you don't feel comfortable with the idea of presenting your own case, it may be best to consider hiring an attorney. Or perhaps you may decide that there is simply too much at stake to handle the case by yourself. Or the legal issues surrounding your case may be too complex for you to understand or too difficult for you to handle on your own. An attorney can advise you about the strengths and weaknesses of your case, handle the legal requirements and provide you with a large measure of comfort. There may also be times when there is simply no reason to represent yourself. For instance, if your case involves an insurance claim, you may be entitled to legal representation provided by your insurance company.
Communicating with the Magistrate Court:
To make your relations with court personnel go as smoothly as possible, it's helpful to understand their responsibilities. The clerk will be happy to provide you with the forms used to file or answer a claim. However, by law the clerk of court is not allowed to help develop your case, advise you of what defense or evidence to use, or to offer you any opinions about the strengths or weaknesses of your case. You are not allowed to talk to the judge about your case outside of court and the clerk cannot allow a continuance of your case without the approval of the judge. If you find that you have a serious conflict with a court date, immediately contact the opposing side to discuss the matter; but keep in mind that only the judge can cancel or reschedule a court date.
To make your relations with court personnel go as smoothly as possible, it's helpful to understand their responsibilities. The clerk will be happy to provide you with the forms used to file or answer a claim. However, by law the clerk of court is not allowed to help develop your case, advise you of what defense or evidence to use, or to offer you any opinions about the strengths or weaknesses of your case. You are not allowed to talk to the judge about your case outside of court and the clerk cannot allow a continuance of your case without the approval of the judge. If you find that you have a serious conflict with a court date, immediately contact the opposing side to discuss the matter; but keep in mind that only the judge can cancel or reschedule a court date.