Using the Small
Claims Court System in the Metro Area
The Small Claims division of the Magistrates Court
provides a possible way for an injured party to recover money
owed or monetary damages up to $15,000.00. Possible is the operative
word since winning a judgment does not guarantee collecting the money.
The process is pretty straight forward, however. If the money or the
principle are sufficient to justify the time and fees involved in filing
a claim, Small Claims Court allows an individual to make his case
without the need of an attorney.
While fees and some details vary from county to
county the basic rules are consistent. Fulton County offers a booklet
that outlines the procedures required there, a booklet that would be an
excellent resource even if filing in another county. Be aware that you
sue the defendant in his county of residence or, if a business, in the
county in which the business is located. Even national corporations will
have a registered agent in counties in which they do business. You sue
the corporation through the registered agent in the appropriate county
(request that info from the office of the Georgia Secretary of State).
For more detailed information on filing in a
particular county call the appropriate numbers below. The clerk of court
can help you with the procedures but cannot give advice about whether
you should file, what actions you should take in the case, what you
should say in court, or what decisions the judge might make.
Clayton, 770-477-3444
Cobb, 770-528-8910
Dekalb, 404-371-2261
Douglas, 77-920-7215
Fayette, 770-461-2116
Forsyth, 770-781-2211
Fulton, 404-730-5045
Gwinnett, 770-822-8100
Hall, 770-531-6912
Henry, 770-945-2111
Newton, 770-784-2050
Paulding, 770-443-7506
Rockdale, 770-929-4075
Once you decide to sue – and efforts at mediation are not
productive- you file and pay nominal fees at the appropriate county
magistrate court. If there is more than one defendant you will have to
pay a fee to serve each of the defendants but only one filing fee. The
marshal will then serve the defendant(s) and notification of trial place
and time will be sent to both parties. Be aware that the defendant can
bring a counter-suit against you, so be sure your suit is justified.
Subpoenas for witnesses (if required) can be obtained
free of charge from the clerk of court. There will be a fee if you
request the subpoena be served by the marshal’s office.
Should the case be settled out of court, get the
settlement in writing – including your cost in filing fees – signed
by both parties. Mail the original to the clerk of court. The settlement
will then become an enforceable judgment of the court.
If the case goes to court be sure to be there on
time. If the defendant does not answer or does not appear you may win
your suit by default. Be prepared to prove the defendant owes you
something. Documentation is everything. Carefully prepare your statement
of the facts, present your documentation clearly and insure the presence
of any necessary witnesses.
After the judgment either party can appeal.
Collection of the judgment awarded can be by voluntary payment,
garnishment of wages, garnishment of bank account or attachment of real
estate or personal property by application for a FIFA. In many cases the
work has only begun when the judgment is handed down.
Once the judgment is paid the court is notified and
the judgment is marked – like a mortgage – as satisfied.
The following may also be helpful in making legal decisions:
Lawyer Referral Service, 404-521-0777
Atlanta Volunteer Lawyers, 404-521-0790
Legal Aid Society, 404-524-5811
HEATING & AIR SYSTEMS
Well, we have made it all the way through the year 2000 without any
cosmic cataclysm. We faced no earth destroying asteroids, no continental
upheavals, and no apocalyptic political disasters (barring that bit of
confusion over who is to be president of the country). Everything is in
pretty good shape and promises to remain so.
There is only one problem, that evaluation just isn’t quite
correct. With the passing of the old year everything, generally
speaking, is a year older. The roof is a year older, the furnace is a
year older, the air conditioning system is a year older and the major
appliances are a year older. And, surprise, each of these components of
the home is a year closer to replacement.
One of the more important techniques taught in home appraisal courses
is the calculation of remaining useful life of these vulnerable systems.
They simply wear out over time and the vast majority of homeowners do
not set aside funds to replace them when the time comes. For most that
means scrambling for financing (ouch!) or putting the replacement on a
credit card (OUCH!).
Take the time to evaluate the life expectancy of these systems, set
up a dedicated account and deposit sufficient funds on a periodic basis
to cover replacement costs at the expected date of obsolescence. You won’t
be caught short, in fact you will be accumulating interest rather than
having to pay interest. Not bad. And all it takes is a little
forethought and discipline.
TIME TO
WINTERIZE
HAVE YOU WINTERIZED YOUR CAR? OF COURSE! HOW
ABOUT YOUR WATER PIPES? WHAT’S THAT? NO! OH, IT DOESN’T GET THAT
COLD THAT OFTEN WHERE YOU LIVE. OR, MAYBE, ITS JUST TOO MUCH TROUBLE OR,
IF YOU ARE, “LUCKY” YOUR HOME IS SO POORLY INSULATED THAT THE CRAWL
SPACE STAYS ABOUT AS WARM AS THE LIVING SPACE. THAT’S LUCKY?
OKAY, THAT’S NOT FUNNY. BUT NEITHER ARE BURST WATER
LINES. WE ARE NOT ONLY TALKING ABOUT THE OBVIOUS TEMPORARY INCONVENIENCE
OF BUSTED PIPES, BUT ALSO THE REAL POSSIBILITY OF SUBSTANTIAL DAMAGE TO
YOUR HOME. AND IT DOES NOT REQUIRE A GREAT DEAL OF LABOR OR EXPENSE TO
REDUCE THE CHANCES OF THE PIPES FREEZING IN THE FIRST PLACE.
THE PRIME CAUSE OF FROZEN PIPES IS AN UNPROTECTED HOSE
BIB, A SILL-COCK, AN OUTDOOR FAUCET, THAT IS. WATER EXPOSED THERE TO
EXTREME COLD IS EASILY FROZEN AND THE ICE, LIKE A TRAIL OF BURNING
GUNPOWDER, SPREADS THROUGHOUT THE SYSTEM; HEAT BEING STOLEN THROUGH THE
EXPOSED PIPE AT SUCH A RATE TO FREEZE THE WATER IN MORE PROTECTED
SPACES. LEAVE A FILLED GARDEN HOSE ATTACHED AND EXPOSED TO FREEZING
WEATHER AND YOU HAVE CONSTRUCTED AN EVEN MORE EFFICIENT COOLING COIL.
QUICK FIX IS TO INSULATE THE HOSE BIB. YOU CAN GET KITS FOR THIS OR WRAP
THE FIXTURE IN FOAM INSULATION OR IN OLD RAGS, IF YOU DON’T MIND IT
LOOKING LIKE THE FOOT OF A CONTINENTAL SOLDIER AT VALLEY FORGE.
BETTER YET, INSTALL A CUT-OFF VALVE WITHIN THE CRAWLSPACE
OR BASEMENT A FEW FEET UPSTREAM OF THE HOSE BIB. THIS SIMPLE OPERATION
ALLOWS THE HOMEOWNER TO CLEAR THE WATER OUT OF THE MOST EXPOSED PIPE AND
REDUCE THE CHANCE OF THE ICE PLUG FORMING IN THE FIRST PLACE. INSULATE
THE PIPE IN UNHEATED AREAS WITH EASY TO INSTALL FOAM OR WRAP INSULATION
AND YOU MAY NEVER HAVE TO DEAL WITH THE HUNDREDS OR THOUSANDS OF DOLLARS
OF DAMAGE BURST PIPES CAN CAUSE. AN’ DON’T THINK THE PIPES WON’T
FREEZE JUST ‘CAUSE YOU LIVE IN THE SUNNY SOUTH. I SPEAK FROM
EXPERIENCE.
A COZY CABIN IN THE WILDWOODS
ALL RIGHT I’M AN INCURABLE ROMANTIC. WHAT COULD BE BETTER THAN A
TIDY LOG CABIN BY THE SIDE OF THE LAKE, WOOD-SMOKE CURLING FROM THE
CHIMNEY, TROUT JUST WAITING TO BE CAUGHT? THE GOLDEN GLOW OF SUNSET
PAINTS THE SCENE WITH WARM BUT MELLOW COLORS PROVIDING THE PERFECT CLOSE
OF DAY. SOUNDS GREAT, LOOKING AT IT FROM THE OUTSIDE, BUT WHAT IS IT
LIKE TO ACTUALLY BUILD AND OCCUPY A LOG HOME?
THAT IS NOT A RHETORICAL QUESTION. I WOULD REALLY LIKE TO HEAR FROM
THOSE OF YOU WITH HANDS-ON EXPERIENCE AS OWNER/BUILDERS OR LONG TERM
OCCUPANTS OF LOG HOMES. GIVEN THE NUMBER OF MAGAZINES DEDICATED TO THE
TOPIC AND THE NUMBER OF COMPANIES OFFERING KIT OR FINISHED HOMES THERE
MUST BE QUITE A FEW OTHERS WHO WOULD ALSO BE INTERESTED IN THE STRAIGHT
STORY. SO FAR ITS BEEN HARD TO FIND ANY INFO BESIDES SECOND HAND HORROR
STORIES OR INDUSTRY HYPE.
WHAT HAVE YOU EXPERIENCED WHEN IT COMES TO ENERGY EFFICIENCY,
STRUCTURAL STABILITY, OR SPECIAL MAINTENANCE REQUIREMENTS? HOW WELL DID
THE LOG JOINT SYSTEM IN YOUR HOME WORK TO SEAL THE GAP BETWEEN LOGS? HOW
INSECT RESISTANT WAS THE MATERIAL AND DID THE WOOD TREATMENT POSE ANY
PEOPLE PROBLEMS? HOW DID THE LOGS WEATHER OVER TIME AND DID THE FINISH
ENHANCE AND PROTECT THE LOGS. ONE OLDER HOME I INVESTIGATED HAD BEEN
PAINTED REPEATEDLY OVER MANY YEARS. IT LOOKED AS THOUGH THE PAINT HAD
ACTUALLY TRAPPED MOISTURE THAT HAD COME IN THROUGH OLD CRACKS AND LED TO
SO MUCH ROT THAT THERE WAS LITTLE SOUND WOOD AT SOME LOG ENDS, JUST A
SPONGY MASS INSIDE A THICK PAINT SHELL. ARE THE PROBLEMS OF LOG
SHIFTING, SETTLING AND TWISTING UNAVOIDABLE? WOULD YOU DO IT ALL AGAIN?
LET US KNOW WHAT YOUR EXPERIENCES HAVE BEEN AND WE WILL SHARE THE
INFO.
LOVE AT FIRST
SIGHT
NOTHING PUTS THE FINISHING TOUCH TO A PROFESSIONAL RENOVATION
LIKE GOOD LANDSCAPING AND EVEN A DREARY HOUSE DESTINED FOR A BASIC
CLEAN-UP AND FLIP WILL HAVE ITS VALUE INCREASED WITH THE ADDITION OF A
FEW DOLLARS IN SHRUBS AND FLOWERING PLANTS. I WOULD GO AS FAR AS TO SAY
THAT MONEY SPENT ON REASONABLE PLANTING IS THE MOST PROFITABLE MONEY IN
THE PROJECT.
FIRST OF ALL IT MAKES FOR A WELCOMING ENVIRONMENT AND
A PLEASANT VIEW; SOMETHING PRETTY TO BALANCE
AGAINST ANY COSMETIC FLAWS THAT MIGHT DETRACT FROM THE HOUSE. I THINK
FOLKS ARE BETTER PREPARED TO SEE THE REAL POTENTIAL OF A PROPERTY WHEN A
LITTLE BIT HAS BEEN DONE TO MAKE IT WHAT IT CAN BE. A TOUCH OF FOLIAGE
AND A PATCH OF COLOR WON’T HIDE WHAT NEEDS ATTENTION BUT IT
DOES GO A LONG WAY IN CONFIRMING WHAT THE COMPLETED PROJECT MIGHT LOOK
LIKE. IT KINDA HELPS KICK-START THE IMAGINATION.
NEXT, EVEN A SMALL DOOR-YARD “GARDEN” ESTABLISHES THAT
SOMEBODY CARES. THAT MEANS THE DIFFERENCE BETWEEN A HOUSE THAT IS
UN-OCCUPIED OR VACANT AND ONE THAT IS ABANDONED OR DERELICT. THAT’S
NOT JUST A MATTER OF LANGUAGE, IT IS A MATTER OF PERCEPTION. PERCEPTION
IS REALITY AND FIRST IMPRESSION IS THE KEY TO PERCEPTION. THAT HOLDS
TRUE EVEN FOR HARD-NOSED REAL ESTATE INVESTORS.
FINALLY, THOSE GOOD EFFECTS CAN BE ACCOMPLISHED QUICKLY, EASILY
AND CHEAPLY. JUST $100.00 WORTH OF MUMS, PANSIES, EVERGREENS AND MULCH
MIXED WITH AN AFTERNOON OF ARTISTIC DIGGING AND PLANTING WILL ADD AN
INTANGIBLE VALUE THAT MAY EXPRESS ITSELF – TANGIBLY – AT MANY, MANY
TIMES THE AMOUNT INVESTED.
PICK THE PLANTS THAT WILL GIVE INSTANT APPEAL. THE ABOVE
MENTIONED PANSIES AND MUMS ARE BLOOMING NOW, GOOD;
TULIP BULBS WON’T GIVE YOU A SHOW TIL SPRING, NOT
GOOD. JUNIPERS AND OTHER EVERGREEN LOOK GOOD ALL THE TIME, GOOD;
DECIDUOUS TREES AND SHRUBS WILL LOOK LIKE BARE
STICKS – WELL, YOU GET THE IDEA. DON’T OVER-DO AND DON’T INVEST IN
MATERIAL THAT WON’T PROVIDE AN IMMEDIATE REWARD.
RELATIONSHIP WITH THE LAW
YOU MIGHT REMEMBER A POPULAR BOOK OF A FEW YEARS AGO: EVERYTHING I
NEED TO KNOW I LEARNED IN KINDERGARTEN. IT WAS A GREAT
LITTLE BOOK BUT THE AUTHOR FORGOT ONE IMPORTANT LESSON – ESPECIALLY FOR THE RENOVATOR – "THE
POLICEMAN IS MY FRIEND." CULTIVATING A GOOD WORKING RELATIONSHIP
WITH LAW ENFORCEMENT IS SMART WHILE WORKING IN ANY AREA BUT THERE ARE
SOME LOCATIONS WHERE IT LITERALLY IS A LIFESAVER. MY EXPERIENCE HAS
PROVEN THAT THE PATROLMAN ON THE BEAT AND THE RENOVATOR ON THE SITE
SHARE THE SAME BASIC GOAL – MAKING THE NEIGHBORHOOD A BETTER PLACE TO
LIVE.
YOUR LOCAL PRECINCT OR ZONE MAY HAVE HELPFUL RESOURCES AT YOUR
DISPOSAL FOR THE ASKING. ADDING A COPY OF AN ARREST AUTHORIZATION FORM
SIGNED BY THE LOCAL POLICE ZONE COMMANDER TO POSTED PROPERTY UNDERLINED
OUR INTENT TO PROSECUTE TRESPASSERS AND ALSO PRODUCED IMMEDIATE POLICE
RESPONSE WHEN A WOULD BE SQUATTER INSISTED ON HIS "RIGHT" TO
REMAIN ON THE PROPERTY.
THE SAME OFFICE MAY PROVIDE A LIST OF SUGGESTIONS FOR DEVELOPERS,
CONTRACTORS, RENOVATORS AND INVESTORS ON HOW TO SECURE THEIR PROPERTY,
HOW TO DEVELOP GOOD RELATIONS WITH NEIGHBORS AND HOW TO AVOID PROBLEMS
AND MATERIAL LOSSES ON THE SITE. GET TO KNOW YOUR NEIGHBORS, PARTICIPATE
IN NEIGHBORHOOD GROUP MEETINGS, IF AVAILABLE. NEVER LEAVE TOOLS
UNSECURED OR OUT OF SIGHT. MAKE SURE TRUCK BOXES ARE SECURED AT ALL
TIMES. ("HECK, I ONLY TURNED MY BACK FOR A MINUTE" OR "I
JUST WALKED AROUND THE SIDE OF THE HOUSE FOR A SECOND" ARE USUALLY
FOLLOWED BY "AND THE SCOUNDREL RAN OFF WITH OUR
______________________, YOU FILL IN THE BLANK.)
NEVER OFFER STRANGERS SMALL JOBS. GET VERIFIABLE INFORMATION ON ANY
"OFF THE STREET" HELP BEFORE STARTING THEM TO WORK. CONSIDER
INSTALLING AN ALARM SYSTEM. MARK YOUR TOOLS FOR EASY IDENTIFICATION. ALL
COMMON SENSE, RIGHT. BUT IT SEEMS THAT COMMON SENSE JUST AIN’T
SO COMMON AS IT USED TO BE.
REPORT ANY ILLEGAL ACTIVITY. BUT WHAT IF….! I MEAN THESE ARE BAD
PEOPLE, WONT THEY….? I CAN ONLY ANSWER THOSE CONCERNS BY DESCRIBING A
CORNER INFESTED BY CRACK AND HEROIN DEALERS AND PROSTITUTES THAT WAS
QUICKLY CLEANED UP BY A FEW PHONE CALLS. THE POLICEMAN IS YOUR
FRIEND AND VERY PLEASED TO MAKE A GOOD BUST ON THE BAD GUYS. THE BAD
GUYS WILL GO SOMEWHERE ELSE UNTIL, HOPEFULLY SOON, THERE IS NOWHERE ELSE
TO GO. YOU HAVE JUST DONE A GOOD THING AND INCREASED YOUR PROPERTY’S
VALUE AT THE SAME TIME, NOT BAD.
PLANNING
"FAILING TO PLAN IS PLANNING TO FAIL." WHAT
A CLICHÉ, HOW OLD FASHIONED! WE KEEP OUR ATTENTION ON THE BIG PICTURE,
THE DETAILS WILL TAKE CARE OF THEMSELVES. RIGHT! IN HOME RENOVATION OR
REMODELING – OR TROUT FISHING, FOR THAT MATTER – FAIL TO PLAN AND
THAT OLD CLICHÉ WILL REAR UP AND BITE YOU BAD ON THE BUTT.
FIRST STEP, OF COURSE, IS TO VISUALIZE THE END
RESULT; TO GET IN YOUR MIND’S EYE WHAT YOU WANT TO ACHIEVE. BUT WHILE
YOU’RE VISUALIZING BRING EVERY DETAIL UP SHARP, LEAVE THAT SOFT FOCUS
STUFF FOR THE MOVIES. CONCENTRATE ON COMPLETION OF EVERY MINUTE SEGMENT
OF THE PROJECT IN ITS ENTIRITY AND IN
THE RIGHT SEQUENCE. FOLKS IN THE BUILDING TRADES
HAVE A WELL ESTABLISHED PATTERN FOR EFFECTIVE JOB COMPLETION: PLANNING,
ROUGH WORK, FINISH AND INSTALLATION, AND FINAL FINISH BUT
HOME-OWNER/RENOVATORS OFTEN GET INTO TROUBLE BY NOT PROPERLY SEQUENCING
THE REQUIRED WORK.
EVERY PROJECT IS UNIQUE, BUT THE FOLLOWING SCHEDULE
HAS BEEN HELPFUL TO US IN AVOIDING COSTLY DUPLICATION OF LABOR AND WASTE
OF MATERIALS.
STEP ONE: PLANNING
STAGE ONE IS EVALUATION AND PLANNING. DETERMINE THE
REQUIRED STRUCTURAL REPAIRS; ELECTRICAL, PLUMBING AND HVAC UPGRADES,
STRUCTURAL MODIFICATIONS OR ADDITIONS; AND SITE MODIFICATIONS FOR
IMPROVED DRAINAGE OR LANDSCAPING. INSPECT EVERYTHING, QUESTION
EVERYTHING, OVERESTIMATE THE DIFFICULTY AND COST OF EVERYTHING AND THEN
DETERMINE IF YOU ARE READY FOR THE ADVENTURE.
ESTABLISHING A CONSENSUS IS ALSO A CRITICAL PART OF
THIS FIRST STAGE. PRODUCE A DETAILED RENOVATION PLAN DESIGNATING FINISH
FEATURES SUCH AS HARDWARE, CABINETRY, PAINT COLORS (AND SURFACES AND
BRANDS AND ADDITIVES AND METHODS OF APPLICATION), LIGHT FIXTURES, FLOOR
TREATMENT, DOORS, WINDOWS, TRIM AND SO ON. WRITE IT DOWN, READ IT OVER
AND SIGN ON THE DOTTED LINE. AVOID AT ALL COSTS THE DREADED, "WHY,
HONEY, I THOUGHT YOU MEANT…." THEN STICK TO IT. NOTHING
MULTIPLIES COST, TIME AND FRUSTRATION MORE THAN MID-STREAM CHANGES.
SPEND PLENTY OF TIME ON STAGE ONE AND YOU WILL SAVE
PLENTY OF TIME AND MONEY ON STAGES TWO THROUGH FOUR. THESES STAGES ARE
NO MORE THAN THE IMPLEMENTATION, IN AN INCREASINGLY REFINED MANNER, OF
THE PLANNED VISION DETERMINED IN PLAN ONE.
STEP TWO: ROUGH WORK
STAGE TWO IS COMPOSED OF SITE PREP AND STRUCTURAL
WORK. AT THIS POINT THE SITE MODIFICATIONS ARE MADE, ADDITIONS AND
STRUCTURAL REPAIRS ACCOMPLISHED, SYSTEM UPGRADES INSTALLED (HEATING, AIR
CONDITIONING, PLUMBING, ELECTRICAL), WINDOW AND DOOR REPAIRS OR
REPLACEMENT COMPLETED, INSULATION IMPROVED, SHEETROCK OR PLASTER
RESTORED AND NEW FLOORING PUT IN. ALL AREAS ARE BROUGHT UP TO THE SAME
LEVEL OF COMPLETION. THE POINT IS TO AVOID DAMAGING ONE FINELY FINISHED
AREA WHILE DOING ROUGH WORK THERE OR ELSEWHERE ON THE PROJECT. ONCE
AGAIN, INSPECT THUROUGHLY TO INSURE ALL WORK AT THIS STAGE IS COMPLETED
BEFORE GOING ON TO THE NEXT LEVEL.
STEP THREE: FINISH AND
INSTALLATION
NOW WE ARE GETTING THERE. STAGE THREE PULLS
EVERTHINGTOGETHER. FIXTURES AND BUILT-INS ARE PLACED, SOME
APPLIANCESINSTALLED; LIGHTING AND HARDWARE GO IN, WALLS ARE FINAL
PATCHED AND PRIMED AND FLOOR FINISH PUT DOWN.
STEP FOUR: FINAL FINISH
STAGE FOUR PUTS ON THE SHINE. FINISH COATS OF
INTERIOR AND EXTERIOR PAINT ARE APPLIED, NON BUILT- IN APPLIANCES
INSTALLED (PROTECT THOSE VINYL FLOORS!), WOOD FLOORS POLISHED OR
CARPETING INSTALLED, PLANT THE PRETTY FLOWERS AND SHRUBS, THEN SMILE FOR
THE CAMERA.
ONE LAST HINT, IF YOU ARE CONTRACTING WITH TRADESMEN
TO DO A PARTICULAR BIT OF WORK, COUNSEL WITH THEM BEFOREHAND REGARDING
THE AVOIDANCE OF WHAT WE CALL "COLLATERAL DAMAGE." FLOOR GUYS
CAN BE SO FOCUSED THAT IT JUST SLIPS THEIR MIND TO BE CAREFUL OF THE
WALLS. LIKEWISE, THOSE WORKING ON THE WALLS HAVE SHOWN OCCASIONAL LAPSES
OF COURTESY TO OTHER SURFACES. IF YOU MAKE SURE AHEAD OF TIME YOUR
CONTRACTORS UNDERSTAND THE CONSEQUENCES OF THESE FAUX PAS, AVOIDABLE
DAMAGE WILL BE, WELL….AVOIDED. IT’S A SIMPLE PROGRAM, SO SIMPLE LOTS
OF FOLKS IGNORE IT AND GET TO RE-RE-RE-REPAIR SCUFFS, SCRUBS AND NICKS
AND RE-RE-RE-REPAINT WALLS AND TRIM MARED AND MARKED BY ROUGH WORK DONE
IN A FINISHED ROOM. THAT CAN TAKE THE FUN OUT OF THINGS REAL QUICK. BUT
ALL YOU HAVE TO DO IS PLAN AHEAD.
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